2012 -- S 2616 SUBSTITUTE A

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LC01859/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO TOWNS AND CITIES

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: March 01, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 45-23-32 and 45-23-44 in Title 45, Chapter 23 of the General

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Laws, entitled "Subdivision of Land, “ are hereby amended as follows:

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     45-23-32. Definitions. - Where words or phrases used in this chapter are defined in the

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definitions section of either the Rhode Island Comprehensive Planning and Land Use Regulation

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Act, section 45-22.2-4, or the Rhode Island Zoning Enabling Act of 1991, section 45-24-31, they

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have the meanings stated in those acts. Additional words and phrases may be defined in local

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ordinances, regulations and rules under this act. The words and phrases defined in this section,

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however, shall be controlling in all local ordinances, regulations, and rules created under this

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chapter. See also section 45-23-34. In addition, the following words and phrases have the

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following meanings:

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     (1) Administrative officer. The municipal official designated by the local regulations to

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administer the land development and subdivision regulations and to coordinate with local boards

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and commissions, municipal staff and state agencies. The administrative officer may be a member

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of, or the chair, of the planning board, or an appointed official of the municipality. See section

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45-23-55.

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     (2) Administrative subdivision. Re-subdivision of existing lots which yields no additional

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lots for development, and involves no creation or extension of streets. The re-subdivision only

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involves divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.

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     (3) Board of appeal. The local review authority for appeals of actions of the

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administrative officer and the planning board on matters of land development or subdivision,

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which shall be the local zoning board of review constituted as the board of appeal. See section 45-

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23-57.

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     (4) Bond. See improvement guarantee.

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     (5) Buildable lot. A lot where construction for the use(s) permitted on the site under the

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local zoning ordinance is considered practicable by the planning board, considering the physical

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constraints to development of the site as well as the requirements of the pertinent federal, state

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and local regulations. See sections 45-23-60(4).

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     (6) Certificate of completeness. A notice issued by the administrative officer informing

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an applicant that the application is complete and meets the requirements of the municipality's

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regulations, and that the applicant may proceed with the approval process.

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     (7) Concept plan. A drawing with accompanying information showing the basic elements

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of a proposed land development plan or subdivision as used for pre-application meetings and

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early discussions, and classification of the project within the approval process.

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     (8) Consistency with the comprehensive plan. A requirement of all local land use

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regulations which means that all these regulations and subsequent actions are in accordance with

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the public policies arrived at through detailed study and analysis and adopted by the municipality

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as the comprehensive community plan as specified in section 45-22.2-3.

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     (9) Dedication, fee-in-lieu-of. Payments of cash which are authorized in the local

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regulations when requirements for mandatory dedication of land are not met because of physical

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conditions of the site or other reasons. The conditions under which the payments will be allowed

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and all formulas for calculating the amount shall be specified in advance in the local regulations.

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See section 45-23-47.

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     (10) Development regulation. Zoning, subdivision, land development plan, development

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plan review, historic district, official map, flood plain regulation, soil erosion control or any other

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governmental regulation of the use and development of land.

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     (11) Division of land. A subdivision.

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     (12) Environmental constraints. Natural features, resources, or land characteristics that

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are sensitive to change and may require conservation measures or the application of special

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development techniques to prevent degradation of the site, or may require limited development,

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or in certain instances, may preclude development. See also physical constraints to development.

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     (13) Final plan. The final stage of land development and subdivision review. See section

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45-23-43.

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     (14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded

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after approval by the planning board and any accompanying material as described in the

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community's regulations and/or required by the planning board.

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     (15) Floor area, gross. See R.I. State Building Code.

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     (16) Governing body. The body of the local government, generally the city or town

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council, having the power to adopt ordinances, accept public dedications, release public

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improvement guarantees, and collect fees.

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     (17) Improvement. Any natural or built item which becomes part of, is placed upon, or is

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affixed to, real estate.

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     (18) Improvement guarantee. A security instrument accepted by a municipality to ensure

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that all improvements, facilities, or work required by the land development and subdivision

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regulations, or required by the municipality as a condition of approval, will be completed in

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compliance with the approved plans and specifications of a development. See section 45-23-46.

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     (19) Local regulations. The land development and subdivision review regulations adopted

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under the provisions of this act. For purposes of clarification, throughout this act, where reference

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is made to local regulations, it is be understood as the land development and subdivision review

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regulations and all related ordinances and rules properly adopted pursuant to this chapter.

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     (20) Maintenance guarantee. Any security instrument which may be required and

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accepted by a municipality to ensure that necessary improvements will function as required for a

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specific period of time. See improvement guarantee.

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     (21) Major land development plan. Any land development plan not classified as a minor

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land development plan.

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     (22) Major subdivision. Any subdivision not classified as either an administrative

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subdivision or a minor subdivision.

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     (23) Master plan. An overall plan for a proposed project site outlining general, rather than

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detailed, development intentions. It describes the basic parameters of a major development

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proposal, rather than giving full engineering details. Required in major land development or

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major subdivision review. See section 45-23-40.

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     (24) Minor land development plan. A development plan for a residential project as

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defined in local regulations, provided that the development does not require waivers or

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modifications as specified in this act. All nonresidential land development projects are considered

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major land development plans.

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     (25) Minor subdivision. A plan for a subdivision of land consisting of five (5) or fewer

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units or lots, provided that the subdivision does not require waivers or modifications as specified

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in this chapter.

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     (26) Modification of requirements. See section 45-23-62.

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     (27) Parcel. A lot, or contiguous group of lots in single ownership or under single control,

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and usually considered a unit for purposes of development. Also referred to as a tract.

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     (28) Parking area or lot. All that portion of a development that is used by vehicles, the

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total area used for vehicular access, circulation, parking, loading and unloading.

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     (29) Permitting authority. The local agency of government specifically empowered by

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state enabling law and local ordinance to hear and decide on specific matters pertaining to local

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land use.

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     (30) Phased development. Development, usually for large-scale projects, where

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construction of public and/or private improvements proceeds by sections subsequent to approval

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of a master plan for the entire site. See section 45-23-48.

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     (31) Physical constraints to development. Characteristics of a site or area, either natural

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or man-made, which present significant difficulties to construction of the uses permitted on that

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site, or would require extraordinary construction methods. See also environmental constraints.

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     (32) Planning board. The official planning agency of a municipality, whether designated

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as the plan commission, planning commission, plan board, or as otherwise known.

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     (33) Plat. A drawing or drawings of a land development or subdivision plan showing the

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location, boundaries, and lot lines of individual properties, as well as other necessary information

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as specified in the local regulations.

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     (34) Pre-application conference. An initial meeting between developers and municipal

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representatives which affords developers the opportunity to present their proposals informally and

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to receive comments and directions from the municipal officials and others. See section 45-23-35.

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     (35) Preliminary plan. The required stage of land development and subdivision review

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which requires detailed engineered drawings and all required state and federal permits. See

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section 45-23-41.

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     (36) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree,

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lawn, off-street parking area, drainage feature, or other facility for which the local government or

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other governmental entity either is presently responsible, or will ultimately assume the

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responsibility for maintenance and operation upon municipal acceptance.

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     (37) Public informational meeting. A meeting of the planning board or governing body

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preceded by a notice, open to the public and at which the public is heard.

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     (38) Re-subdivision. Any change of an approved or recorded subdivision plat or in a lot

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recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved

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for public use, or that affects any map or plan legally recorded prior to the adoption of the local

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land development and subdivision regulations. For the purposes of this act any action constitutes

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a subdivision.

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     (39) Slope of land. The grade, pitch, rise or incline of the topographic landform or surface

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of the ground.

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     (39)(40) Storm water detention. A provision for storage of storm water runoff and the

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controlled release of the runoff during and after a flood or storm.

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     (40)(41) Storm water retention. A provision for storage of storm water runoff.

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     (41)(42) Street. A public or private thoroughfare used, or intended to be used, for passage

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or travel by motor vehicles. Streets are further classified by the functions they perform. See street

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classification.

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     (42)(43) Street, access to. An adequate and permanent way of entering a lot. All lots of

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record shall have access to a public street for all vehicles normally associated with the uses

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permitted for that lot.

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     (43)(44) Street, alley. A public or private thoroughfare primarily designed to serve as

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secondary access to the side or rear of those properties whose principal frontage is on some other

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street.

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     (44)(45) Street, cul-de-sac. A local street with only one outlet and having an appropriate

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vehicular turnaround, either temporary or permanent, at the closed end.

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     (45)(46) Street, limited access highway. A freeway or expressway providing for through

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traffic. Owners or occupants of abutting property on lands and other persons have no legal right

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to access, except at the points and in the manner as may be determined by the public authority

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having jurisdiction over the highway.

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     (46)(47) Street, private. A thoroughfare established as a separate tract for the benefit of

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multiple, adjacent properties and meeting specific, municipal improvement standards. This

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definition does not apply to driveways.

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     (47)(48) Street, public. All public property reserved or dedicated for street traffic.

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     (48)(49) Street, stub. A portion of a street reserved to provide access to future

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development, which may provide for utility connections.

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     (49)(50) Street classification. A method of roadway organization which identifies a street

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hierarchy according to function within a road system, that is, types of vehicles served and

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anticipated volumes, for the purposes of promoting safety, efficient land use and the design

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character of neighborhoods and districts. Local classifications use the following as major

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categories:

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     (a) Arterial. A major street that serves as an avenue for the circulation of traffic into, out

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of, or around the municipality and carries high volumes of traffic.

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     (b) Collector. A street whose principal function is to carry traffic between local streets

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and arterial streets but that may also provide direct access to abutting properties.

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     (c) Local. Streets whose primary function is to provide access to abutting properties.

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     (50)(51) Subdivider. Any person who (1) having an interest in land, causes it, directly or

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indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or

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develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest,

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lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in

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the business of selling, leasing, developing, or offering for sale, lease, or development a

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subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

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     (51)(52) Subdivision. The division or re-division, of a lot, tract or parcel of land into two

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or more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by any means

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is considered a subdivision. All re-subdivision activity is considered a subdivision. The division

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of property for purposes of financing constitutes a subdivision.

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     (52)(53) Technical review committee. A committee appointed by the planning board for

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the purpose of reviewing, commenting, and making recommendations to the planning board with

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respect to approval of land development and subdivision applications.

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     (53)(54) Temporary improvement. Improvements built and maintained by a developer

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during construction of a development project and prior to release of the improvement guarantee,

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but not intended to be permanent.

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     (54)(55) Vested rights. The right to initiate or continue the development of an approved

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project for a specified period of time, under the regulations that were in effect at the time of

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approval, even if, after the approval, the regulations change prior to the completion of the project.

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     (55)(56) Waiver of requirements. See section 45-23-62.

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     (57) Yield Plan. A site plan of a proposed subdivision that is intended to depict the

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highest number of lots possible while complying with the requirements of the zoning ordinance,

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the land development and subdivision regulations, and all applicable state regulations.

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     45-23-44. General provisions – Physical design requirements. - (a) All local

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regulations shall specify, through reasonable, objective standards and criteria, all physical design

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requirements for the subdivision and development projects which are to be reviewed and

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approved pursuant to the regulations. Regulations shall specify all requirements and policies for

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subdivisions and land development projects which are not contained in the municipality's zoning

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ordinance; provided, however, that the regulations shall be consistent with the substantive

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requirements of the zoning ordinance, including, but not limited to, lot size and development

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density.

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     (b) Although zoning ordinances may require any minimum lot size per zoning district, no

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land development or subdivision regulation, or zoning ordinance, shall require any lot to have

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more then forty thousand square feet (40,000 ft2) of contiguous area that is free of environmental

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and physical constraints to development, as defined in subdivisions 45-23-32(12) and 45-23-32-

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(31), if the minimum lot area is less than eighty thousand square feet (80,000ft2). However, in any

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zoning districts where a minimum lot are is equal to or greater than eighty thousand square feet

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(80,000ft2), no more than half (1/2) of that minimum required lot area must be contiguous and

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free of environmental and physical constraints as defined subdivisions 45-23-32(12) and 45-23-

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32-(31). Notwithstanding the above, no city or town shall be required to exclude an area or areas

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with physical and/or environmental constraints in determining buildable lot area.

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     (c) Nothing in this section shall be construed to restrict a municipality’s right, within state

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and local regulations, to establish its own minimum lot size per zoning district in its town or city.

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     (d) The slope of land shall not be excluded from the calculation of the buildable lot area

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or the minimum lot size, or in the calculation of the number of buildable lots or units.

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     (b)(e) The requirements and policies may include, but are not limited to, requirements

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and policies for rights-of-way, open space, landscaping, connections of proposed streets and

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drainage systems with those of the surrounding neighborhood, public access through property to

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adjacent public property, and the relationship of proposed developments to natural and man-made

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features of the surrounding neighborhood.

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     (c)(f) The regulations shall specify all necessary findings, formulas for calculations and

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procedures for meeting the requirements and policies. These requirements and policies apply to

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all subdivisions and land development projects reviewed and/or administered under the local

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regulations.

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     (g) Nothing in this section shall be construed as abrogating the coastal resources

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management council rules and regulations concerning development density.

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     SECTION 2. Sections 45-24-30, 45-24-31, and 45-24-33 of Title 45, Chapter 24 of the

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General Laws, entitled “Zoning Ordinances,” are hereby amended 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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     (viii) The desirability of developing land efficiently and economically to preserve

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contiguous open space and discourage rural, suburban and urban sprawl.

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

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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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     45-24-31. Definitions. - Where words or terms used in this chapter are defined in section

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45-22.2-4 or section 45-23-32, they have the meanings stated in that section. In addition, the

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following words have the following meanings. Additional words and phrases may be used in

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developing local ordinances under this chapter; however, the words and phrases defined in this

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section are controlling in all local ordinances created under this chapter:

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     (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point

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with no intervening land.

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     (2) Accessory Dwelling Unit. A dwelling unit: (i) rented to and occupied either by one or

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more members of the family of the occupant or occupants of the principal residence; or (ii)

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reserved for rental occupancy by a person or a family where the principal residence is owner

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occupied, and which meets the following provisions:

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     (A) In zoning districts that allow residential uses, no more than one accessory dwelling

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unit may be an accessory to a single-family dwelling.

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     (B) An accessory dwelling unit shall include separate cooking and sanitary facilities, with

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its own legal means of ingress and egress and is a complete, separate dwelling unit. The accessory

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dwelling unit shall be within or attached to the principal dwelling unit structure or within an

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existing structure, such as a garage or barn, and designed so that the appearance of the principal

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structure remains that of a one-family residence.

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     (3) Accessory Use. A use of land or of a building, or portion thereof, customarily

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incidental and subordinate to the principal use of the land or building. An accessory use may be

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restricted to the same lot as the principal use. An accessory use shall not be permitted without the

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principal use to which it is related.

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     (4) Aggrieved Party. An aggrieved party, for purposes of this chapter, shall be:

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     (i) Any person or persons or entity or entities who can demonstrate that their property

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will be injured by a decision of any officer or agency responsible for administering the zoning

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ordinance of a city or town; or

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     (ii) Anyone requiring notice pursuant to this chapter.

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     (5) Agricultural Land. “Agricultural land”, as defined in section 45-22.2-4.

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     (6) Airport Hazard Area. “Airport hazard area”, as defined in section 1-3-2.

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     (7) Applicant. An owner or authorized agent of the owner submitting an application or

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appealing an action of any official, board, or agency.

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     (8) Application. The completed form or forms and all accompanying documents, exhibits,

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and fees required of an applicant by an approving authority for development review, approval, or

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permitting purposes.

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     (9) Buffer. Land which is maintained in either a natural or landscaped state, and is used to

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screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-

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way.

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     (10) Building. Any structure used or intended for supporting or sheltering any use or

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occupancy.

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     (11) Building Envelope. The three-dimensional space within which a structure is

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permitted to be built on a lot and which is defined by regulations governing building setbacks,

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maximum height, and bulk; by other regulations; and/or by any combination thereof.

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     (12) Building Height. The vertical distance from grade, as determined by the

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municipality, to the top of the highest point of the roof or structure. The distance may exclude

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spires, chimneys, flag poles, and the like.

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     (13) Cluster. A site planning technique that concentrates buildings in specific areas on the

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site to allow the remaining land to be used for recreation, common open space, and/or

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preservation of environmentally, historically, culturally, or other sensitive features and/or

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structures. The techniques used to concentrate buildings shall be specified in the ordinance and

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may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk

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requirements, with the resultant open land being devoted by deed restrictions for one or more

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uses. Under cluster development there is no increase in the number of lots that would be

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permitted under conventional development except where ordinance provisions include incentive

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bonuses for certain types or conditions of development.

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     (14) Common Ownership. Either:

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     (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

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or more contiguous lots; or

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     (ii) Ownership by any association (ownership may also include a municipality) of one or

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more lots under specific development techniques.

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     (15) Community Residence. A home or residential facility where children and/or adults

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reside in a family setting and may or may not receive supervised care. This does not include

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halfway houses or substance abuse treatment facilities. This does include, but is not limited, to the

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following:

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     (i) Whenever six (6) or fewer children or adults with retardation reside in any type of

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residence in the community, as licensed by the state pursuant to chapter 24 of title 40.1. All

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requirements pertaining to local zoning are waived for these community residences;

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     (ii) A group home providing care or supervision, or both, to not more than eight (8)

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persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

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     (iii) A residence for children providing care or supervision, or both, to not more than

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eight (8) children including those of the care giver and licensed by the state pursuant to chapter

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72.1 of title 42;

11-51

     (iv) A community transitional residence providing care or assistance, or both, to no more

11-52

than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

11-53

persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

11-54

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days

11-55

nor more than two (2) years. Residents will have access to and use of all common areas, including

11-56

eating areas and living rooms, and will receive appropriate social services for the purpose of

11-57

fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

11-58

     (16) Comprehensive Plan. The comprehensive plan adopted and approved pursuant to

11-59

chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

11-60

compliance.

11-61

     (17) Conservation Development. A type of land development in which the natural

11-62

resources and character-defining features of the site are identified first, and lot lines, building

11-63

envelopes, and open space are located in a way that preserves and protects those features through

11-64

flexibility in the size and dimensions of lots.

11-65

     (18)(17) Day Care – Day Care Center. Any other day care center which is not a family

11-66

day care home.

11-67

     (19)(18) Day Care – Family Day Care Home. Any home other than the individual's home

11-68

in which day care in lieu of parental care or supervision is offered at the same time to six (6) or

12-1

less individuals who are not relatives of the care giver, but may not contain more than a total of

12-2

eight (8) individuals receiving day care.

12-3

     (20)(19) Density, Residential. The number of dwelling units per unit of land.

12-4

     (21)(20) Development. The construction, reconstruction, conversion, structural alteration,

12-5

relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance;

12-6

or any change in use, or alteration or extension of the use, of land.

12-7

     (22)(21) Development Plan Review. The process whereby authorized local officials

12-8

review the site plans, maps, and other documentation of a development to determine the

12-9

compliance with the stated purposes and standards of the ordinance.

12-10

     (23)(22) District. See “zoning use district”.

12-11

     (24)(23) Drainage System. A system for the removal of water from land by drains,

12-12

grading, or other appropriate means. These techniques may include runoff controls to minimize

12-13

erosion and sedimentation during and after construction or development, the means for preserving

12-14

surface and groundwaters, and the prevention and/or alleviation of flooding.

12-15

     (25)(24) Dwelling Unit. A structure or portion of a structure providing complete,

12-16

independent living facilities for one or more persons, including permanent provisions for living,

12-17

sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

12-18

     (26)(25) Extractive Industry. The extraction of minerals, including: solids, such as coal

12-19

and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also

12-20

includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation;

12-21

and other preparation customarily done at the extraction site or as a part of the extractive activity.

12-22

     (27)(26) Family. A person or persons related by blood, marriage, or other legal means.

12-23

See also “Household”.

12-24

     (28)(27) Floating Zone. An unmapped zoning district adopted within the ordinance which

12-25

is established on the zoning map only when an application for development, meeting the zone

12-26

requirements, is approved.

12-27

     (29)(28) Floodplains, or Flood Hazard Area. As defined in section 45-22.2-4.

12-28

     (30)(29) Groundwater. “Groundwater” and associated terms, as defined in section 46-

12-29

13.1-3.

12-30

     (31)(30) Halfway House. A residential facility for adults or children who have been

12-31

institutionalized for criminal conduct and who require a group setting to facilitate the transition to

12-32

a functional member of society.

12-33

     (32)(31) Hardship. See section 45-24-41.

13-34

     (33)(32) Historic District, or Historic Site. As defined in section 45-22.2-4.

13-35

     (34)(33) Home Occupation. Any activity customarily carried out for gain by a resident,

13-36

conducted as an accessory use in the resident's dwelling unit.

13-37

     (35)(34) Household. One or more persons living together in a single dwelling unit, with

13-38

common access to, and common use of, all living and eating areas and all areas and facilities for

13-39

the preparation and storage of food within the dwelling unit. The term “household unit” is

13-40

synonymous with the term “dwelling unit” for determining the number of units allowed within

13-41

any structure on any lot in a zoning district. An individual household shall consist of any one of

13-42

the following:

13-43

     (i) A family, which may also include servants and employees living with the family; or

13-44

     (ii) A person or group of unrelated persons living together. The maximum number may

13-45

be set by local ordinance, but this maximum shall not be less than three (3).

13-46

     (36)(35) Incentive Zoning. The process whereby the local authority may grant additional

13-47

development capacity in exchange for the developer's provision of a public benefit or amenity as

13-48

specified in local ordinances.

13-49

     (37)(36) Infrastructure. Facilities and services needed to sustain residential, commercial,

13-50

industrial, institutional, and other activities.

13-51

     (38)(37) Land Development Project. A project in which one or more lots, tracts, or

13-52

parcels of land are to be developed or redeveloped as a coordinated site for a complex of one or

13-53

more uses, units, or structures, including, but not limited to, planned development and/or ,

13-54

conservation development, or cluster development for residential, commercial, institutional,

13-55

recreational, open space, and/or mixed uses, as may be provided for in the zoning ordinance.

13-56

     (39)(38) Lot. Either:

13-57

     (i) The basic development unit for determination of lot area, depth, and other dimensional

13-58

regulations; or

13-59

     (ii) A parcel of land whose boundaries have been established by some legal instrument

13-60

such as a recorded deed or recorded map and which is recognized as a separate legal entity for

13-61

purposes of transfer of title.

13-62

     (40)(39) Lot Area. The total area within the boundaries of a lot, excluding any street

13-63

right-of-way, usually reported in acres or square feet.

13-64

     (41)(40) Lot Building Coverage. That portion of the lot that is or may be covered by

13-65

buildings and accessory buildings.

13-66

     (42)(41) Lot Depth. The distance measured from the front lot line to the rear lot line. For

13-67

lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

14-68

     (43)(42) Lot Frontage. That portion of a lot abutting a street. A zoning ordinance shall

14-69

specify how noncontiguous frontage will be considered with regard to minimum frontage

14-70

requirements.

14-71

     (44)(43) Lot Line. A line of record, bounding a lot, which divides one lot from another

14-72

lot or from a public or private street or any other public or private space and shall include:

14-73

     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

14-74

specify the method to be used to determine the front lot line on lots fronting on more than one

14-75

street, for example, corner and through lots;

14-76

     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

14-77

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length

14-78

entirely within the lot, parallel to and at a maximum distance from the front lot line; and

14-79

     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line

14-80

may be a street lot line, depending on requirements of the local zoning ordinance.

14-81

     (45)(44) Lot, Through. A lot which fronts upon two (2) parallel streets, or which fronts

14-82

upon two (2) streets which do not intersect at the boundaries of the lot.

14-83

     (46)(45) Lot Width. The horizontal distance between the side lines of a lot measured at

14-84

right angles to its depth along a straight line parallel to the front lot line at the minimum front

14-85

setback line.

14-86

     (47)(46) Mere Inconvenience. See section 45-24-41.

14-87

     (48)(47) Mixed Use. A mixture of land uses within a single development, building, or

14-88

tract.

14-89

     (49)(48) Modification. Permission granted and administered by the zoning enforcement

14-90

officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional

14-91

variance other than lot area requirements from the zoning ordinance to a limited degree as

14-92

determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent

14-93

(25%) of each of the applicable dimensional requirements.

14-94

     (50)(49) Nonconformance. A building, structure, or parcel of land, or use thereof,

14-95

lawfully existing at the time of the adoption or amendment of a zoning ordinance and not in

14-96

conformity with the provisions of that ordinance or amendment. Nonconformance is of only two

14-97

(2) types:

14-98

     (i) Nonconforming by use: a lawfully established use of land, building, or structure which

14-99

is not a permitted use in that zoning district. A building or structure containing more dwelling

14-100

units than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

14-101

     (ii) Nonconforming by dimension: a building, structure, or parcel of land not in

14-102

compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations

15-1

include all regulations of the zoning ordinance, other than those pertaining to the permitted uses.

15-2

A building or structure containing more dwelling units than are permitted by the use regulations

15-3

of a zoning ordinance is nonconforming by use; a building or structure containing a permitted

15-4

number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot

15-5

area per dwelling unit regulations, is nonconforming by dimension.

15-6

     (51)(50) Overlay District. A district established in a zoning ordinance that is

15-7

superimposed on one or more districts or parts of districts and that imposes specified

15-8

requirements in addition to, but not less, than those otherwise applicable for the underlying zone.

15-9

     (52)(51) Performance Standards. A set of criteria or limits relating to elements which a

15-10

particular use or process must either meet or may not exceed.

15-11

     (53)(52) Permitted Use. A use by right which is specifically authorized in a particular

15-12

zoning district.

15-13

     (54)(53) Planned Development. A “land development project”, as defined in section 45-

15-14

24-31(37), and developed according to plan as a single entity and containing one or more

15-15

structures and/or uses with appurtenant common areas.

15-16

     (55)(54) Preapplication Conference. A review meeting of a proposed development held

15-17

between applicants and reviewing agencies as permitted by law and municipal ordinance, before

15-18

formal submission of an application for a permit or for development approval.

15-19

     (56)(55) Setback Line or Lines. A line or lines parallel to a lot line at the minimum

15-20

distance of the required setback for the zoning district in which the lot is located that establishes

15-21

the area within which the principal structure must be erected or placed.

15-22

     (57)(56) Site Plan. The development plan for one or more lots on which is shown the

15-23

existing and/or the proposed conditions of the lot.

15-24

     (58) Slope of land. The grade, pitch, rise or incline of the topographic landform or surface

15-25

of the ground.

15-26

     (59)(57) Special Use. A regulated use which is permitted pursuant to the special-use

15-27

permit issued by the authorized governmental entity, pursuant to section 45-24-42. Formerly

15-28

referred to as a special exception.

15-29

     (60)(58) Structure. A combination of materials to form a construction for use, occupancy,

15-30

or ornamentation, whether installed on, above, or below, the surface of land or water.

15-31

     (61)(59) Substandard Lot of Record. Any lot lawfully existing at the time of adoption or

15-32

amendment of a zoning ordinance and not in conformance with the dimensional and/or area

15-33

provisions of that ordinance.

16-34

     (62)(60) Use. The purpose or activity for which land or buildings are designed, arranged,

16-35

or intended, or for which land or buildings are occupied or maintained.

16-36

     (63)(61) Variance. Permission to depart from the literal requirements of a zoning

16-37

ordinance. An authorization for the construction or maintenance of a building or structure, or for

16-38

the establishment or maintenance of a use of land, which is prohibited by a zoning ordinance.

16-39

There are only two (2) categories of variance, a use variance or a dimensional variance.

16-40

     (i) Use Variance. Permission to depart from the use requirements of a zoning ordinance

16-41

where the applicant for the requested variance has shown by evidence upon the record that the

16-42

subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

16-43

zoning ordinance.

16-44

     (ii) Dimensional Variance. Permission to depart from the dimensional requirements of a

16-45

zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

16-46

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

16-47

of the subject property unless granted the requested relief from the dimensional regulations.

16-48

However, the fact that a use may be more profitable or that a structure may be more valuable after

16-49

the relief is granted are not grounds for relief.

16-50

     (64)(62) Waters. As defined in section 46-12-1(23).

16-51

     (65)(63) Wetland, Coastal. As defined in section 45-22.2-4.

16-52

     (66)(64) Wetland, Freshwater. As defined in section 2-1-20.

16-53

     (67)(65) Zoning Certificate. A document signed by the zoning enforcement officer, as

16-54

required in the zoning ordinance, which acknowledges that a use, structure, building, or lot either

16-55

complies with or is legally nonconforming to the provisions of the municipal zoning ordinance or

16-56

is an authorized variance or modification therefrom.

16-57

     (68)(66) Zoning Map. The map or maps which are a part of the zoning ordinance and

16-58

which delineate the boundaries of all mapped zoning districts within the physical boundary of the

16-59

city or town.

16-60

     (69)(67) Zoning Ordinance. An ordinance enacted by the legislative body of the city or

16-61

town pursuant to this chapter and in the manner providing for the adoption of ordinances in the

16-62

city or town's legislative or home rule charter, if any, which establish regulations and standards

16-63

relating to the nature and extent of uses of land and structures, which is consistent with the

16-64

comprehensive plan of the city or town as defined in chapter 22.2 of this title, which includes a

16-65

zoning map, and which complies with the provisions of this chapter.

16-66

     (70)(68.) Zoning Use District. The basic unit in zoning, either mapped or unmapped, to

16-67

which a uniform set of regulations applies, or a uniform set of regulations for a specified use.

16-68

Zoning use districts include, but are not limited to: agricultural, commercial, industrial,

17-1

institutional, open space, and residential. Each district may include sub-districts. Districts may be

17-2

combined.

17-3

     45-24-33. Standard provisions. - (a) A zoning ordinance addresses each of the purposes

17-4

stated in section 45-24-30 and addresses, through reasonable objective standards and criteria, the

17-5

following general provisions which are numbered for reference purposes only:

17-6

     (1) Permitting, prohibiting, limiting, and restricting the development of land and

17-7

structures in zoning districts, and regulating those land and structures according to their type, and

17-8

the nature and extent of their use;

17-9

     (2) Regulating the nature and extent of the use of land for residential, commercial,

17-10

industrial, institutional, recreational, agricultural, open space, or other use or combination of uses,

17-11

as the need for land for those purposes is determined by the city or town's comprehensive plan;

17-12

     (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and

17-13

other development by performance standards, or other requirements, related to air and water and

17-14

groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or

17-15

the availability and capacity of existing and planned public or private services;

17-16

     (4) Regulating within each district and designating requirements for:

17-17

     (i) The height, number of stories, and size of buildings;

17-18

     (ii) The dimensions, size, lot coverage, floor area ratios, and layout of lots or

17-19

development areas;

17-20

     (iii) The density and intensity of use;

17-21

     (iv) Access to air and light, views, and solar access;

17-22

     (v) Open space, yards, courts, and buffers;

17-23

     (vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other

17-24

circulator systems;

17-25

     (vii) Landscaping, fencing, and lighting;

17-26

     (viii) Appropriate drainage requirements and methods to manage stormwater runoff;

17-27

     (ix) Public access to waterbodies, rivers, and streams; and

17-28

     (x) Other requirements in connection with any use of land or structure;

17-29

     (5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood

17-30

hazard areas and designated significant natural areas;

17-31

     (6) Promoting the conservation of energy and promoting energy-efficient patterns of

17-32

development;

17-33

     (7) Providing for the protection of existing and planned public drinking water supplies,

17-34

their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and

18-1

watershed;

18-2

     (8) Providing for adequate, safe, and efficient transportation systems; and avoiding

18-3

congestion by relating types and levels of development to the capacity of the circulation system,

18-4

and maintaining a safe level of service of the system;

18-5

     (9) Providing for the preservation and enhancement of the recreational resources of the

18-6

city or town;

18-7

     (10) Promoting an economic climate which increases quality job opportunities and the

18-8

overall economic well-being of the city or town and the state;

18-9

     (11) Providing for pedestrian access to and between public and private facilities,

18-10

including, but not limited to schools, employment centers, shopping areas, recreation areas, and

18-11

residences;

18-12

     (12) Providing standards for and requiring the provision of adequate and properly

18-13

designed physical improvements, including plantings, and the proper maintenance of property;

18-14

     (13) Permitting, prohibiting, limiting, and restricting land use in areas where development

18-15

is deemed to create a hazard to the public health or safety;

18-16

     (14) Permitting, prohibiting, limiting, and restricting extractive industries and earth

18-17

removal and requiring restoration of land after these activities;

18-18

     (15) Regulating sanitary landfill, except as otherwise provided by state statute;

18-19

      (16) Permitting, prohibiting, limiting, and restricting signs and billboards, and other

18-20

outdoor advertising devices;

18-21

     (17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and

18-22

enforcement of airport hazard area zoning regulations under the provisions established in that

18-23

chapter;

18-24

     (18) Designating areas of historic, cultural, and/or archaeological value and regulating

18-25

development in those areas under the provisions of chapter 24.1 of this title;

18-26

     (19) Providing standards and requirements for the regulation, review, and approval of any

18-27

proposed development in connection with those uses of land, buildings, or structures specifically

18-28

designated as subject to development plan review in a zoning ordinance;

18-29

     (20) Designating special protection areas for water supply and limiting or prohibiting

18-30

development in these areas, except as otherwise provided by state statute;

18-31

     (21) Specifying requirements for safe road access to developments from existing streets,

18-32

including limiting the number, design, and location of curb cuts, and provisions for internal

18-33

circulation systems for new developments, and provisions for pedestrian and bicycle ways; and

19-34

     (22) Reducing unnecessary delay in approving or disapproving development applications,

19-35

through provisions for preapplication conferences and other means.

19-36

     (23) Providing for the application of the Rhode Island Fair Housing Practices Act,

19-37

chapter 37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA), the

19-38

Rhode Island Civil Rights People with Disabilities Act, chapter 37 of title 42, and the Americans

19-39

with Disabilities Act of 1990 (ADA), 42 U.S.C. section 12101 et seq.

19-40

     (24) Regulating drive-through windows of varied intensity of use when associated with

19-41

land use activities and providing standards and requirements for the regulation, review and

19-42

approval of the drive-through windows, including, but not limited to:

19-43

     (i) Identifying within which zoning districts drive-through windows may be permitted,

19-44

prohibited, or permitted by special use permit;

19-45

     (ii) Specifying requirements for adequate traffic circulation; and

19-46

     (iii) Providing for adequate pedestrian safety and access, including issues concerning

19-47

safety and access for those with disabilities.

19-48

     (25) Protecting natural resources and promoting efficient use of land through innovative

19-49

development design that discourages rural, suburban and urban sprawl and preserves contiguous

19-50

open space.

19-51

     (b) A zoning ordinance may include special provisions for any or all of the following:

19-52

     (1) Authorizing development incentives, known as incentive zoning, for purposes of

19-53

providing increases in the permitted use or dimension as a condition for, but not limited to:

19-54

including, but not limited to, additional permitted uses, increased development density, or

19-55

additional design or dimensional flexibility, in exchange for:

19-56

     (i) Increased open space;

19-57

     (ii) Increased housing choices;

19-58

     (iii) Traffic and pedestrian improvements;

19-59

     (iv) Public and/or private facilities; and/or

19-60

     (v) Use of innovative land development design methods; and/or

19-61

     (v)(vi) Other amenities as desired by the city or town and consistent with its

19-62

comprehensive plan. The provisions in the ordinance shall include maximum allowable densities

19-63

of population and/or intensities of use and shall indicate the type of improvements, amenities,

19-64

and/or conditions. Conditions may be made for donation in lieu of direct provisions for

19-65

improvements or amenities;

19-66

     (2) Establishing a system for transfer of development rights within or between zoning

19-67

districts designated in the zoning ordinance; and

20-68

     (3) Regulating the development adjacent to designated scenic highways, scenic

20-69

waterways, major thoroughfares, public greenspaces, or other areas of special public investment

20-70

or valuable natural resources.

20-71

     (c) A zoning ordinance shall permit one or more types of non-conventional residential

20-72

subdivision of land or land development project options, which may include conservation

20-73

development.

20-74

     (d) Although zoning ordinances may require any minimum lot size per zoning district, no

20-75

land development or subdivision regulation, or zoning ordinance, shall require any lot to have

20-76

more then forty thousand square feet (40,000 ft2) of contiguous area that is free of environmental

20-77

and physical constraints to development, as defined in subdivisions 45-23-32(12) and 45-23-32-

20-78

(31), if the minimum lot area is less than eighty thousand square feet (80,000ft2). However, in any

20-79

zoning districts where a minimum lot are is equal to or greater than eighty thousand square feet

20-80

(80,000ft2), no more than half (1/2) of that minimum required lot area must be contiguous and

20-81

free of environmental and physical constraints as defined subdivisions 45-23-32(12) and 45-23-

20-82

32-(31). Notwithstanding the above, no city or town shall be required to exclude an area or areas

20-83

with physical and/or environmental constraints in determining buildable lot area.

20-84

     (e) The slope of land shall not be excluded from the calculation of the buildable lot area

20-85

or the minimum lot size, or in the calculation of the number of buildable lots or units.

20-86

     (f) Nothing in this section shall be construed to restrict a municipality’s right, within state

20-87

and local regulations, to establish its own minimum lot size per zoning district in its town or city.

20-88

     SECTION 2. This act shall take effect upon passage.

=======

LC01859/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES

***

21-1

     This act would establish the zoning parameters with respect to required lot area that must

21-2

be contiguous and free at environmental and physical constraints to development. This act would

21-3

further provide that a municipality shall be required to exclude an area with physical and/or

21-4

environmental constraints in determining buildable lot area.

21-5

     This act would take effect upon passage.

=======

LC01859/SUB A

=======