2012 -- H 7804

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LC01857

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

     Introduced By: Representatives Edwards, Reilly, Dickinson, Gallison, and Nunes

     Date Introduced: February 28, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-24-30 of the General Laws in Chapter 45-24 entitled "Zoning

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Ordinances" is hereby amended to read as follows:

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     45-24-30. General purposes of zoning ordinances. -- Zoning regulations shall be

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developed and maintained in accordance with a comprehensive plan prepared, adopted, and as

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may be amended, in accordance with chapter 22.2 of this title and shall be designed to address the

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following purposes. The general assembly recognizes these purposes, each with equal priority and

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numbered for reference purposes only.

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      (1) Promoting the public health, safety, and general welfare.

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      (2) Providing for a range of uses and intensities of use appropriate to the character of the

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city or town and reflecting current and expected future needs.

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      (3) Providing for orderly growth and development which recognizes:

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      (i) The goals and patterns of land use contained in the comprehensive plan of the city or

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town adopted pursuant to chapter 22.2 of this title;

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      (ii) The natural characteristics of the land, including its suitability for use based on soil

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characteristics, topography, and susceptibility to surface or groundwater pollution;

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      (iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and

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freshwater and coastal wetlands;

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      (iv) The values of unique or valuable natural resources and features;

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      (v) The availability and capacity of existing and planned public and/or private services

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and facilities;

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      (vi) The need to shape and balance urban and rural development; and

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      (vii) The use of innovative development regulations and techniques.

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      (4) Providing for the control, protection, and/or abatement of air, water, groundwater,

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and noise pollution, and soil erosion and sedimentation.

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      (5) Providing for the protection of the natural, historic, cultural, and scenic character of

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the city or town or areas in the municipality.

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      (6) Providing for the preservation and promotion of agricultural production, forest,

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silviculture, aquaculture, timber resources, and open space.

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      (7) Providing for the protection of public investment in transportation, water, stormwater

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management systems, sewage treatment and disposal, solid waste treatment and disposal, schools,

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recreation, public facilities, open space, and other public requirements.

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      (8) Promoting a balance of housing choices, for all income levels and groups, to assure

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the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and

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sanitary housing.

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      (9) Providing opportunities for the establishment of low and moderate income housing.

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      (10) Promoting safety from fire, flood, and other natural or unnatural disasters.

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      (11) Promoting a high level of quality in design in the development of private and public

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facilities.

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      (12) Promoting implementation of the comprehensive plan of the city or town adopted

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pursuant to chapter 22.2 of this title.

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      (13) Providing for coordination of land uses with contiguous municipalities, other

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municipalities, the state, and other agencies, as appropriate, especially with regard to resources

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and facilities that extend beyond municipal boundaries or have a direct impact on that

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municipality.

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      (14) Providing for efficient review of development proposals, to clarify and expedite the

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zoning approval process.

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      (15) Providing for procedures for the administration of the zoning ordinance, including,

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but not limited to, variances, special-use permits, and, where adopted, procedures for

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modifications.

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      (16) Providing opportunities for reasonable accommodations in order to comply with the

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Rhode Island Fair Housing Practices Act, chapter 37 of title 34, the United States Fair Housing

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Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of Persons with Disabilities

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Act, chapter 87 of title 42, and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.

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section 12101 et seq.

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     Provided, however, that any zoning ordinance in which a community sets forth standards

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or requirements for the location, design, construction, or maintenance of on-site sewage disposal

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systems shall first be submitted to the director of the department of environmental management

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and the department of health for approval as to the technical merits of the ordinance. In addition,

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any zoning ordinance in which a municipality sets forth standards regarding wetland setbacks or

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requirements, shall first be submitted to the director of the department of environmental

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management for approval as to the technical merits of the ordinance. The presumption is that

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current state regulations governing septic systems and wetlands are adequate for the protection of

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the state’s water resources.

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     SECTION 2. This act shall take effect upon passage.

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LC01857

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - ZONING ORDINANCES

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     This act would require that zoning ordinances that set forth standards with respect to on-

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site sewage disposal systems or wetland requirements be submitted to the departments of

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environmental management and health, as applicable, for approval of the technical merits of the

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ordinance.

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     This act would take effect upon passage.

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LC01857

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