CHAPTER 247

95-S 109A

Effective Without the Governor's Signature

Jul. 5, 1995.

AN ACT RELATING TO THE ZONING ENABLING ACT

It is enacted by the General Assembly as follows:

SECTION 1. Sections 45-22.2-8 and 45-22.2-13 of the General Laws in Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby amended to read as follows:

{ADD 45-22.2-8. Adoption of comprehensive plans. -- ADD} (A) The preparation and adoption of a comprehensive plan shall be conducted according to the following provisions in addition to any other provision that may be required by law.

(1) A single municipality shall establish and designate its planning board or commission as the agency having the sole responsibility for performing all those acts necessary to prepare a comprehensive plan for the municipality. Planning boards established under chapter 22 of this title shall continue to be governed by those provisions to the extent that those provisions do not conflict with the requirements of this chapter.

(2) Municipalities which choose to conduct joint planning and regulatory program pursuant to this section shall designate and establish a local planning committee which shall have responsibility for the comprehensive planning program.

(3) The conduct of the comprehensive planning program for all municipalities shall include:

(a) Conduct of public hearings and any other methods to solicit and strongly encourage citizen input into the comprehensive planning process; and

(b) Preparation of the comprehensive plan, including the implementation program component, and recommendations to the municipal legislative body regarding the adoption of the plan or amendment.

(B) In order to encourage citizen participation in the comprehensive planning process, planning boards, commissions, or committees are directed to adopt comprehensive plans only after soliciting and considering public input. Public hearings by the planning board, commission, or committee, and the municipal legislative body are required to be held prior to the adoption of the comprehensive plan. Adoption of the comprehensive plan by a municipal legislative body shall be in the same manner provided for the adoption of ordinances in the manner provided for in the legislative or home rule charter of the municipality except that the plan need not be published in its entirety in a newspaper of general circulation. Any local comprehensive plan adopted as prescribed in this section before the effective date hereof shall be deemed to have been adopted in accordance with this section.

(C) A comprehensive plan is adopted, for the purpose of {ADD conforming municipal land use decisions and for the purpose ADD} being transmitted to the director for state review, when it has been enacted by the legislative body of the municipality pursuant to the manner provided for the adoption of ordinances in the municipality's legislative or home rule charter. All ordinances dealing with the adoption of or amendment to a municipal comprehensive plan shall contain language stating that said comprehensive plan ordinance or amendment shall not become effective {ADD for the purposes of guiding state agency actions ADD} until it has been approved by the state of Rhode Island pursuant to the methods set forth in this chapter, or pursuant to any rules and regulations adopted pursuant thereto. The comprehensive plan of a municipality shall not take effect {ADD for purposes of guiding state agency actions ADD} until approved by the director, comprehensive plan appeals board, or the Rhode Island supreme court.

(D) The intent of this section is to provide for the dissemination and discussion of proposals and alternatives to the proposed comprehensive plan by means of joint legislative and planning commission hearings which disseminate information to the public and which seek both written and oral comments from the public.

{ADD 45-22.2-13. Compliance. -- ADD} (A) In the event a municipality has failed to submit a comprehensive plan in accordance with the provisions of this chapter, or the director has disapproved a comprehensive plan and that decision has been affirmed by the board, the director shall then prepare, and the state comprehensive plan appeals board shall adopt, for the municipality in question, a comprehensive plan which satisfies the requirements of this chapter.

(B) The comprehensive plan appeals board shall adopt such a plan within one hundred eighty (180) days of the decision of the board unless the municipality appeals the decision of the board within thirty (30) days to supreme court. The municipality shall be responsible for the administration and enforcement of the plan.

(C) {DEL All DEL} {ADD For those municipalities with comprehensive plans approved pursuant to this chapter all municipal ADD} land use decisions {DEL by municipalities DEL} shall be in conformance with the approved municipal comprehensive plan.

{ADD For communities with municipally adopted comprehensive plans which have not received state approval pursuant to this chapter, such municipalities shall conform their land use decisions to the locally adopted comprehensive plan until such time as state approval is granted. ADD}

SECTION 2. Sections 45-24-34 and 45-24-50 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as follows:

{ADD 45-24-34. General provisions -- Purpose and consistency with comprehensive plan. -- ADD} A zoning ordinance adopted pursuant to this chapter shall provide a statement of its purposes. Those purposes shall be consistent with section 45-24-30. A zoning ordinance adopted or amended pursuant to this chapter shall include a statement {DEL of consistency DEL} {ADD that the zoning ordinance is consistent ADD} with the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title, {ADD or as otherwise provided as below ADD} and shall provide that in the instance of uncertainty in the construction or application of any section of the ordinance, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan. {ADD The city or town shall bring the said zoning ordinance or amendment into conformance with its comprehensive plan as approved by the director of administration, the state comprehensive plan appeal board, or the supreme court not more than eighteen (18) months after such approval is given. ADD} A zoning ordinance shall address and specify requirements for the coordination between contiguous communities, the state and other agencies as required by chapter 22.2 of this title.

{ADD 45-24-50. Adoption -- Power of council to adopt -- Consistency with comprehensive plan. -- ADD} For the purpose of promoting the public health, safety, morals, and general welfare, a city or town council shall have the power, in accordance with the provisions of this chapter, to adopt, amend, or repeal, and to provide for the administration, interpretation and enforcement of a zoning ordinance. The provisions of a zoning ordinance shall be set forth in text and map(s), and may incorporate charts or other material. A zoning ordinance, and all amendments thereto, shall be consistent with the city or town's comprehensive plan as described in chapter 22.2 of this title and shall provide for the implementation of the city or town comprehensive plan. {ADD A zoning ordinance adopted or amended during the pendency of the approval of a municipality's comprehensive plan shall be consistent with that plan, until such zoning ordinance is brought into full compliance with the Comprehensive Planning Act, R.I.G.L. 45-22.2-5(A)(4). The city or town shall bring the said zoning ordinance or amendment into conformance with its comprehensive plan as approved by the director of administration, the state comprehensive plan appeal board, or the supreme court not more than eighteen (18) months after such approval is given. ADD}

SECTION 3. This act shall take effect upon passage.



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