2013 -- H 5425

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LC01220

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES -- THE DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT--JURISDICTION

     Introduced By: Representatives Serpa, Fellela, Nunes, Shekarchi, and Chippendale

     Date Introduced: February 13, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-6-1 of the General Laws in Chapter 45-6 entitled "Ordinances"

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is hereby amended to read as follows:

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     45-6-1. Scope of ordinances permissible. -- (a) Town and city councils may, from time

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to time, make and ordain all ordinances and regulations for their respective towns and cities, not

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repugnant to law, which they deem necessary for the safety of their inhabitants from fire,

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firearms, and fireworks; to prevent persons standing on any footwalk, sidewalk, doorstep, or in

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any doorway, or riding, driving, fastening, or leaving any horse or other animal or any carriage,

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team, or other vehicle on any footwalk, sidewalk, doorstep, or doorway within the town or city, to

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the obstruction, hindrance, delay, disturbance, or annoyance of passersby or of persons residing

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or doing business in this vicinity; to regulate the putting up and maintenance of telegraph and

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other wires and their appurtenances; to prevent the indecent exposure of any one bathing in any of

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the waters within their respective towns and cities; against breakers of the Sabbath; against

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habitual drunkenness; respecting the purchase and sale of merchandise or commodities within

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their respective towns and cities; to protect burial grounds and the graves in these burial grounds

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from trespassers; and, generally, all other ordinances, regulations and bylaws for the well

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ordering, managing, and directing of the prudential affairs and police of their respective towns

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and cities, not repugnant to the constitution and laws of this state, or of the United States;

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provided, however, that local ordinances, regulations and bylaws shall not set forth any standards

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

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disposal systems and/or wetland setbacks or requirements which are inconsistent with or in

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excess of the standards imposed: (1) By the director of the department of environmental

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management ("director") under authority given to the director as set forth in section 42-17.1-2; or

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(2) By the costal resources management council pursuant to its authority to regulate coastal

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wetlands and freshwater wetlands in the vicinity of the coast pursuant to and in accordance with

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subparagraph 46-23-6(2)(iii)(E). Current state regulations governing septic systems and wetlands

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shall be deemed exclusive and adequate for the protection of the state's water resources,

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notwithstanding any local regulations to the contrary.

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      (b) Town and city councils shall furnish to their senators and representatives, upon

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request and at no charge, copies and updates of all ordinances and regulations.

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      (c) In lieu of newspaper publication, advance notice of proposed adoption, amendment,

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or repeal of any ordinance or regulation by a municipality may be provided via electronic media

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on a website maintained by the office of the secretary of state.

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     SECTION 2. Section 45-23-30 of the General Laws in Chapter 45-23 entitled

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"Subdivision of Land" is hereby amended to read as follows:

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     45-23-30. General purposes of land development and subdivision review ordinances,

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regulations and rules. -- Land development and subdivision review ordinances, regulations and

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rules shall be developed and maintained in accordance with this chapter and with a

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comprehensive plan which complies with chapter 22.2 of this title and a zoning ordinance which

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complies with section 45-24-27 et seq. Local regulations shall address the following purposes:

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      (1) Providing for the orderly, thorough and expeditious review and approval of land

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developments and subdivisions;

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      (2) Promoting high quality and appropriate design and construction of land

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developments and subdivisions;

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      (3) Promoting the protection of the existing natural and built environment and the

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mitigation of all significant negative impacts of any proposed development on the existing

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environment;

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      (4) Promoting design of land developments and subdivisions which are well-integrated

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with the surrounding neighborhoods with regard to natural and built features, and which

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concentrate development in areas which can best support intensive use by reason of natural

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characteristics and existing infrastructure;

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      (5) Encouraging local design and improvement standards to reflect the intent of the

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community comprehensive plans with regard to the physical character of the various

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neighborhoods and districts of the municipality;

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      (6) Promoting thorough technical review of all proposed land developments and

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subdivisions by appropriate local officials;

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      (7) Encouraging local requirements for dedications of public land, impact mitigation, and

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payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and

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administered; and

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      (8) Encouraging the establishment and consistent application of procedures for local

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record-keeping on all matters of land development and subdivision review, approval and

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construction.

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     (9) Local regulations shall not set forth any standards and/or requirements for the

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location, design, construction, or maintenance of on-site sewage disposal systems and/or wetland

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setbacks or requirements, which are inconsistent with or in excess of the standards imposed: (i)

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By the director of the department of environmental management ("director"), under the authority

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given to the director as set forth in section 42-17.1-2; or (ii) By the costal resources management

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council pursuant to its authority to regulate coastal wetlands and freshwater wetlands in the

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vicinity of the coast pursuant to and in accordance with subparagraph 46-23-6(2)(iii)(E). Current

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state regulations governing septic systems and wetlands shall be deemed exclusive and adequate

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for the protection of the state's water resources, notwithstanding any local regulations to the

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contrary.

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     SECTION 3. 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 shall not sets set

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forth any standards and/or requirements for the location, design, construction, or maintenance of

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on-site sewage disposal systems and/or wetland setbacks or requirements, which are inconsistent

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with or in excess of the standards imposed: (i) By the director of the department of environmental

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management ("director"), under the authority given to the director as set forth in section 42-17.1-

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2; or (ii) By the costal resources management council pursuant to its authority to regulate coastal

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wetlands and freshwater wetlands in the vicinity of the coast pursuant to and in accordance with

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subparagraph 46-23-6(2)(iii)(E). shall first be submitted to the director of the department of

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environmental management and the department of health for approval as to the technical merits of

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the ordinance. In addition, any zoning ordinance in which a municipality sets forth standards

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regarding wetland setbacks or requirements, shall first be submitted to the director of the

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department of environmental management for approval as to the technical merits of the

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ordinance. Current state regulations governing septic systems and wetlands shall be deemed

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exclusive and adequate for the protection of the state's water resources, notwithstanding any local

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regulations to the contrary.

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     SECTION 4. This act shall take effect two (2) years following the date of its passage to

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allow the department of environmental management time to determine whether any of the

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standards set forth in its regulations pertaining to wetlands or on-site sewage disposal systems

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require modification and to allow the coastal resources management council time to determine

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whether any of the standards set forth in its regulations pertaining to wetlands require

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modification.

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LC01220

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- THE DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT--JURISDICTION

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     This act would empower the department of environmental management as the central

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review agency for review of land development and subdivision proposals.

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     This act would take effect two (2) years following the date of its passage to allow the

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department of environmental management time to determine whether any of the standards set

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forth in its regulations pertaining to wetlands or on-site sewage disposal systems require

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modification and to allow the coastal resources management council time to determine whether

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any of the standards set forth in its regulations pertaining to wetlands require modification.

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     This act would take effect upon passage.

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LC01220

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