It is enacted by the General Assembly as follows:

SECTION 1. Section 45-23-65 of the General Laws in Chapter 45-23, entitled the "Rhode Island Land Development and Subdivision Review Enabling Act of 1992" is hereby amended to read as follows:

{ADD 45-23-65. Procedure -- Changes to recorded plats and plans. -- ADD} (A) For all changes to the approved plans of land development projects or subdivisions subject to this act, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats in section 45-23-64.

(B) Minor changes, as defined in the local regulations, to a land development or subdivision plan may be approved administratively, by the administrative officer, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, at the discretion of the administrative officer. All such changes shall be made part of the permanent record of the project application. This provision shall not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.

(C) Major changes, as defined in the local regulations, to a land development or subdivision plan may be approved, only by the planning board and must follow the same review and public hearing process required for approval of preliminary plans as described in section 45-23-41.

{ADD (D) Rescission procedure. The planning board, only upon application by all landowners of the plat to be affected, may determine that the application for plat rescission is not consistent with the comprehensive community plan and is not in compliance with the standards and provisions of the municipality's zoning ordinance and/or land development and subdivision review regulations and shall hold a public hearing, which adheres to the requirements for notice described in section 45-23-42. The planning board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat according to the requirements of section 45-23-63. If it is necessary to abandon any street covered under chapter 24-6, the planning board shall submit to the city or town council the documents necessary for the abandonment process. Once the required process for rescission or for rescission and abandonment has been completed, the revised plat shall be signed and recorded as specified in section 45-23-64. ADD}

SECTION 2. Sections 45-23-28 and 45-23-29 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows:

{ADD 45-23-28. Continuation of ordinances -- Supercession -- Relation to other statutes. -- ADD} (A) Any land development and subdivision review ordinance, regulation or rule, or amendment thereof, enacted after {DEL July 1 DEL} {ADD December 31 ADD} , 1994 shall conform to the provisions of this chapter. All lawfully adopted land development and subdivision review ordinances, regulations, and rules shall be brought into conformance with this chapter by {DEL July 1 DEL} {ADD December 31 ADD} , 1995.

(B) All subdivision ordinances, regulations or rules adopted under authority of section 45-23-1 through 45-23-24 of this chapter, or any special subdivision enabling act that is in effect on [July 21, 1992] shall remain in full force and effect until {DEL July 1 DEL} {ADD December 31 ADD} , 1995, unless amended earlier so as to conform to the provisions of this chapter.

(C) Sections 45-23-1 through 45-23-24 and all special subdivision enabling acts in effect on [July 1, 1992] are hereby repealed effective {DEL July 1 DEL} {ADD December 31 ADD} , 1995.

(D) Nothing herein contained and no local ordinance, rule or regulation adopted under this chapter shall impair the validity of any plat legally recorded prior to the effective date of such ordinance, rule or regulation.

{ADD 45-23-29. Legislative findings and intent. -- ADD} (A) The general assembly recognizes and affirms in sections 45-23-25 -- 45-23-74 that the findings and goals stated in sections 45-22.2-3 et seq. and 45-24-27 et seq., known as the "Rhode Island Comprehensive Planning and Land Use Regulation Act" and the "Zoning Enabling Act of 1991," respectively, present findings and goals with which local regulations shall be consistent.

(B) The general assembly further finds that:

(1) The subdivision enabling statutes contained in sections 45-23-1 through 45-23-24 of this chapter, hereby repealed as of {DEL July 1 DEL} {ADD December 31 ADD} , 1995, have been enacted in a series of separate actions over many years and do not provide for all the elements presently necessary for proper municipal review and approval of land development and subdivision projects;

(2) The character of land development and subdivision, and the related public and private services, have changed substantially in recent years;

(3) The responsibilities of the local governments in regulating land development and subdivision have changed, increased in complexity, and expanded to include additional areas of concern;

(4) State and federal laws increasingly require the interaction of local land development regulatory authorities with those of the federal and state agencies and adjacent municipalities;

(5) Not all instances of land development or subdivision are sufficiently reviewed prior to recording or construction, resulting in unwarranted environmental impacts, financial impacts on private individuals and communities, and inappropriate design;

(6) At present the cities and towns throughout the state each establish their own procedures for review, approval, recording, and enforcement of land development and subdivision projects;

(7) It is necessary to provide for review and approval of land development projects within the subdivision review and approval procedures, as specified in the zoning enabling act of 1991 (45-24-27 et seq.); and

(8) It is necessary to require that the regulations and standards for all land development projects and subdivisions be sufficiently definite to provide clear direction for development design and construction and to satisfy the requirements for due process for all applicants for development approval.

(C) Therefore, it is the intent of the general assembly:

(1) That the land development and subdivision enabling authority contained herein provide all cities and towns with the ability to adequately address the present and future needs of the communities;

(2) That the land development and subdivision enabling authority contained herein require each city and town to develop land development and subdivision regulations in accordance with the community comprehensive plan, capitol improvement plan, and zoning ordinance and to ensure the consistency of all local development regulations;

(3) That certain local procedures for review and approval of land development and subdivision shall be the same in every city and town;

(4) That the local procedure for integrating the approvals of state regulatory agencies into the local review and approval process for land development and subdivision shall be the same in every city and town; and

(5) That all proposed land developments and subdivisions will be reviewed by local officials, following a standard process, prior to recording in local land evidence records.

SECTION 3. Sections 45-24-28 and 45-24-29 of the General Laws in Chapter 45-24 entitled "Zoning Ordinance" are hereby amended to read as follows:

{ADD 45-24-28. Continuation of ordinances -- Supercession -- Relation to other statutes. -- ADD} (A) Any zoning ordinance or amendment thereof enacted after January 1, 1992, shall conform to the provisions of this chapter. All lawfully adopted zoning ordinances shall be brought into conformance with this chapter by {DEL July 1 DEL} {ADD December 31 ADD} , 1994. Each city and town shall review its zoning ordinance and make such amendments or revisions as are necessary to bring it into conformance with this chapter.

(B) All zoning ordinances adopted under authority of sections 45-24-1 through 45-24-26 or any special zoning enabling act that is in effect on June 17, 1991, shall remain in full force and effect until {DEL July 1 DEL} {ADD December 31 ADD} , 1994, unless earlier amended so as to conform to the provisions of this chapter, except that section 45-24-37 and section 45-24-44 shall become effective on January 1, 1992.

(C) Sections 45-24-1 through 45-24-26 and all special zoning enabling acts, including, but not limited to, chapter 2299 of the public laws of 1922, as amended (town of Westerly); chapter 1277 of the public laws of 1926, as amended (town of Narragansett); chapter 2065 of the public laws of 1933, as amended (town of West Warwick); chapter 2233 of the public laws of 1935, as amended (town of Johnston); chapter 2079 of the public laws of 1948, as amended (town of North Kingstown); chapter 3125 of the public laws of 1953, as amended (town of New Shoreham); chapter 101 of the public laws of 1973, as amended (town of South Kingstown); are repealed effective {DEL July 1 DEL} {ADD December 31 ADD} , 1994. All provisions of zoning ordinances adopted under authority of the provisions of sections 45-24-1 through 45-24-26 or of any special act repealed hereby shall become null and void as of {DEL July 1 DEL} {ADD December 31 ADD} , 1994 unless amended so as to conform to the provisions of this chapter.

(D) Chapter 24.1 of this title, entitled "Historical Area Zoning", and chapter 3 of title 1, entitled, "Airport Zoning", shall not be superseded by this chapter. Provided, however, any appeal to the superior court pursuant to chapter 24.1 of this title, entitled, "Historical Area Zoning" or pursuant to chapter 3 of title 1, entitled, "Airport Zoning", shall be taken in the manner provided in section 45-24-69.

(E) Nothing in this chapter shall be construed to limit the authority of agencies of state government to perform any regulatory responsibilities.

{ADD 45-24-29. Legislative findings and intent. -- ADD} (a)(1) The general assembly recognizes and affirms in sections 45-24-27 through 45-24-72 that the findings and goals stated in section 45-22.2-3 present findings and goals with which zoning shall be consistent.

(2) The general assembly further finds that:

(A) The zoning enabling statutes contained in sections 45-24-1 through 45-24-26, repealed as of {DEL July 1 DEL} {ADD December 31 ADD} , 1994, were largely enacted in 1921;

(B) The character of land development and related public and private services have changed substantially in the intervening years;

(C) It is necessary to provide for innovative land development practices to enable cities and towns to adequately regulate the use of land and employ modern land development practices;

(D) It is necessary to take full account of the requirement that each city and town amend its zoning ordinance to conform to and be consistent with its comprehensive plan adopted pursuant to chapter 22.2 of this title, and to all the elements contained therein; and

(E) A substantial updating and revision of the original statutory zoning enabling authority is required to meet these changed conditions.

(3) It is therefore found that the preparation and implementation of zoning ordinances is necessary to address the findings and needs identified in this section; to protect the public health, safety, and general welfare; to allow the general assembly to carry out its duty to provide for the conservation of the natural resources of the state and to adopt all means necessary and proper by law for the preservation, regeneration and restoration of the natural environment of the state in accordance with R.I. Const., art. 1, sections 16 and 17; to promote good planning practice; and to provide for sustainable economic growth in the state.

(b) Therefore, it is the intent of the general assembly:

(1) That the zoning enabling authority contained herein provides all cities and towns with adequate opportunity to address current and future community and statewide needs;

(2) That the zoning enabling authority contained herein requires each city and town to conform its zoning ordinance and zoning map to be consistent with its comprehensive plan developed pursuant to chapter 22.2 of this title;

(3) That the zoning enabling authority contained herein empowers each city and town with the capability to establish and enforce standards and procedures for the proper management and protection of land, air, and water as natural resources, and to employ contemporary concepts, methods, and criteria in regulating the type, intensity, and arrangement of land uses, and provides authority to employ new concepts as they may become available and feasible;

(4) That the zoning enabling authority contained herein permits each city and town to establish an economic impact commission whose duties would be to advise municipalities on the economic impact which new zoning changes would have on cities and towns and private property owners, to assist municipalities in determining financial impacts when new or changed zoning adversely affects business climate, land use, property value, natural and historic resources, industrial use or development of private property; and

(5) That each city and town amend its zoning ordinance so as to comply with the terms of this chapter.

SECTION 4. Section 45-22.2-4 of the General Laws in Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows:

{ADD 45-22.2-4. Definitions. -- ADD} As used in this chapter the following words shall have the meanings stated herein.

(1) "Agricultural land" means land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the soil conservation service of the United States department of agriculture.

(2) "Board" means the state comprehensive plan appeals board as established by chapter 22.3 of this title.

(3) "Capacity" or "Land capacity" means the suitability of the land, as defined by geology, soil conditions, topography and water resources, to support its development for uses such as residential, commercial, industrial, open space, or recreation. Land capacity may be modified by provision of facilities and services.

(4) "Capital improvements program" means a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

(5) "Coastal features" means those coastal features defined in chapter 23 of title 46.

(6) "Comprehensive Plan" or "Comprehensive Land Use Plan" means a document containing the components described in this chapter including the implementation program which is consistent with the goals and guidelines established by this chapter.

(7) "Council" means the state planning council as established by chapter 11 of title 42.

(8) "Days" means calendar days.

(9) "Director" means the Director of Administration.

(10) "Division of Planning" means the Office of State Planning as established as a division of the Department of Administration by section 42-11-10(b).

(11) "Federally insured or assisted housing" means:

(i) Low income housing units insured or assisted under sections 221(d)(3) and 236 of the National Housing Act [12 U.S.C. section 1701 et seq.];

(ii) Low income housing units produced with assistance under section 8 of the United States Housing Act of 1937 [42 U.S.C. section 1401 et seq]; and

(iii) Rural low income housing financed under section 515 of the Housing Act of 1949 [12 U.S.C. section 1715z].

(12) "Floodplains" or "Flood Hazard Area" means an area that has a one percent or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (PL 90-448) [42 U.S.C. 4011 et seq.].

(13) "Forecast" means a description of the conditions, quantities, or values anticipated to occur at a designated future time.

(14) "Goals" means those goals set forth in chapter 45-22.2-3.

(15) "Historic District" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and has been registered, or is deemed eligible to be included, on the State Register of Historic Places pursuant to 42-45-5.

(16) "Historic Site" means any real property, man made structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or is deemed eligible to be included, on the State Register of Historic Places pursuant to 42-45-5.

(17) "Improvement" means any man made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

(18) "Land" means real property including improvements and fixtures on, above, or below the surface.

(19) "Land Use Regulation" means a rule or statute of general application adopted by the municipal legislative body which controls, directs, or delineates allowable uses of land and the standards for such uses.

(20) "Local Government" means any governmental agency authorized by chapter 45-22.2 of the Rhode Island general laws to exercise the power granted by chapter 45-22.2 of the Rhode Island general laws.

(21) "Municipal Legislative Body" means the town meeting in a town; the town council in a town or the city council in a city; or that part of a municipal government that exercises legislative powers under a statute or charter.

(22) "Municipal Reviewing Authority" means the municipal planning board, or commission, or if none, the municipal officers.

(23) "Open Space" means any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.

(24) "Planning Board" or "Commission" means the body established by a municipality or combination of municipalities which has the responsibility to prepare a comprehensive plan and make recommendations concerning that plan to the municipal legislative body.

(25) "Program" means the Statewide Planning Program established by chapter 42-11 of the Rhode Island general laws (1969 as amended).

(26) "State Guide Plan" means goals, policies, and plans or plan elements for the physical, economic, and social development of the state, adopted by the State Planning Council in accordance with section 42-11-10 of the general laws.

(27) "Voluntary Association of Local Governments" means two or more municipalities who have joined together pursuant to a written agreement and pursuant to the authority granted under this chapter for the purpose of drafting a comprehensive land use plan and implementation program.

(28) "Wetland, Coastal" means a salt marsh bordering on the tidal waters of this state and contiguous uplands extending no more than fifty (50) yards inland therefrom.

(29) "Wetland, Freshwater" means a marsh, swamp, bog, pond, river, river or stream flood plain or bank, area subject to flooding or storm flowage, emergent or submergent plant community in any body of fresh water, or area within fifty feet of the edge of a bog, marsh, swamp, or pond, as defined in section 2-1-20.

(30) "Zoning" means the reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations such as height, lot coverage and other stipulated requirements.

{ADD (31) "Low and Moderate Income Housing" means housing as defined in the federal Low Income Preservation and Resident Home Ownership Act of 1990 and as may be amended for both the purposes of this chapter and any reference to low and moderate income housing in relation to a Comprehensive Plan prepared and adopted pursuant to this chapter. ADD}

SECTION 5. This act shall take effect upon passage.