2015 -- S 0654

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LC002088

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING

AND LAND USE ACT

     

     Introduced By: Senators Cote, Raptakis, E O`Neill, Gee, and Kettle

     Date Introduced: March 11, 2015

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-22.2-6 of the General Laws in Chapter 45-22.2 entitled "Rhode

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Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows:

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     45-22.2-6. Required content of a comprehensive plan. -- (a) The comprehensive plan

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must utilize a minimum twenty (20) year planning timeframe in considering forecasts, goals, and

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policies.

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      (b) The comprehensive plan must be internally consistent in its policies, forecasts, and

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standards, and shall include the content described within this section. The content described in

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subdivisions (1) through (10) may be organized and presented as deemed suitable and appropriate

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by the municipality. The content described in subdivisions (11) and (12) must be included as

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individual sections of the plan.

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      (1) Goals and policies. - The plan must identify the goals and policies of the municipality

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for its future growth and development and for the conservation of its natural and cultural

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resources. The goals and policies of the plan shall be consistent with the goals and intent of this

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chapter and embody the goals and policies of the state guide plan.

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      (2) Maps. - The plan must contain maps illustrating the following as appropriate to the

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municipality:

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      (i) Existing conditions:

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      (A) Land use, including the range of residential housing densities;

 

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      (B) Zoning;

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      (C) Key infrastructure such as, but not limited to, roads, public water, and sewer;

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      (D) Service areas for public water and sewer;

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      (E) Historical and cultural resource areas and sites;

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      (F) Open space and conservation areas (public and private); and

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      (G) Natural resources such as, but not limited to, surface water, wetlands, floodplains,

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soils, and agricultural land;

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      (ii) Future land use illustrating the desired patterns of development, density, and

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conservation as defined by the comprehensive plan; and

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      (iii) Identification of discrepancies between future land uses and existing zoning use

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categories.

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      (3) Natural resource identification and conservation. - The plan must be based on an

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inventory of significant natural resource areas such as, but not limited to, water, soils, prime

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agricultural lands, forests, wildlife, wetlands, aquifers, coastal features, and floodplains. The plan

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must include goals, policies, and implementation techniques for the protection and management

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of these areas.

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      (4) Open space and outdoor recreation identification and protection. - The plan must be

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based on an inventory of outdoor recreational resources, open space areas, and recorded access to

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these resources and areas. The plan must contain an analysis of forecasted needs, policies for the

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management and protection of these resources and areas, and identification of areas for potential

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expansion. The plan must include goals, policies, and implementation techniques for the

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protection and management of existing resources and acquisition of additional resources if

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appropriate.

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      (5) Historical and cultural resources identification and protection. - The plan must be

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based on an inventory of significant historical and cultural resources such as historical buildings,

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sites, landmarks, and scenic views. The plan must include goals, policies, and implementation

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techniques for the protection of these resources.

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      (6) Housing. - The plan must may include the identification of existing housing patterns,

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an analysis of existing and forecasted housing needs, and identification of areas suitable for future

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housing development or rehabilitation. The plan shall may include an affordable housing program

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that meets the requirements of § 42-128-8.1, the "Comprehensive Housing Production and

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Rehabilitation Act of 2004" and chapter 45-53, the "Rhode Island Low and Moderate Income

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Housing Act". The plan must may include goals and policies that further the goal of subdivision

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45-22.2-3(c)(3) and implementation techniques that identify specific programs to promote the

 

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preservation, production, and rehabilitation of housing. Each city or town shall have the option to

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decline to comply with any provision contained in this chapter and the state guide plan relating to

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affordable housing programs described in this subsection, including land use provisions related to

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affordable housing currently or as contained in any further amendment within ninety (90) days of

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the effective date of any amendment. The option shall be exercised by filing a timely notice, in

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writing, of declination with the chief.

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      (7) Economic development. - The plan must include the identification of existing types

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and patterns of economic activities including, but not limited to, business, commercial, industrial,

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agricultural, and tourism. The plan must also identify areas suitable for future economic

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expansion or revitalization. The plan must include goals, policies, and implementation techniques

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reflecting local, regional, and statewide concerns for the expansion and stabilization of the

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economic base and the promotion of quality employment opportunities and job growth.

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      (8) Services and facilities. - The plan must be based on an inventory of existing physical

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infrastructure such as, but not limited to, educational facilities, public safety facilities, libraries,

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indoor recreation facilities, and community centers. The plan must describe services provided to

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the community such as, but not limited to, water supply and the management of wastewater,

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storm water, and solid waste. The plan must consider energy production and consumption. The

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plan must analyze the needs for future types and levels of services and facilities, including, in

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accordance with § 46-15.3-5.1, water supply system management planning, which includes

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demand management goals as well as plans for water conservation and efficient use of water

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concerning any water supplier providing service in the municipality, and contain goals, policies,

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and implementation techniques for meeting future demands.

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      (9) Circulation/Transportation. - The plan must be based on an inventory and analysis of

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existing and proposed major circulation systems, including transit and bikeways; street patterns;

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and any other modes of transportation, including pedestrian, in coordination with the land use

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element. Goals, policies, and implementation techniques for the provision of fast, safe, efficient,

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and convenient transportation that promotes conservation and environmental stewardship must be

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identified.

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      (10) Natural hazards. - The plan must include an identification of areas that could be

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vulnerable to the effects of sea-level rise, flooding, storm damage, drought, or other natural

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hazards. Goals, policies, and implementation techniques must be identified that would help to

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avoid or minimize the effects that natural hazards pose to lives, infrastructure, and property.

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      (11) Land use. - In conjunction with the future land use map as required in subdivision

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45-22.2-6(b)(2)(ii), the plan must contain a land use component that designates the proposed

 

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general distribution and general location and interrelationships of land uses including, but not

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limited to, residential, commercial, industrial, open space, agriculture, recreation facilities, and

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other categories of public and private uses of land. The land use component shall be based upon

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the required plan content as stated in this section. It shall relate the proposed standards of

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population density and building intensity to the capacity of the land and available or planned

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facilities and services. The land use component must contain an analysis of the inconsistency of

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existing zoning districts, if any, with planned future land use. The land use component shall

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specify the process and schedule by which the zoning ordinance and zoning map shall be

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amended to conform to the comprehensive plan and shall be included as part of the

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implementation program.

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      (12) Implementation program.

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      (i) A statement which defines and schedules the specific public actions to be undertaken

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in order to achieve the goals and objectives of each component of the comprehensive plan.

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Scheduled expansion or replacement of public facilities, and the anticipated costs and revenue

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sources proposed to meet those costs reflected in a municipality's capital improvement program,

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must be included in the implementation program.

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      (ii) The implementation program identifies the public actions necessary to implement the

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objectives and standards of each component of the comprehensive plan that require the adoption

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or amendment of codes and ordinances by the governing body of the municipality.

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      (iii) The implementation program identifies other public authorities or agencies owning

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water supply facilities or providing water supply services to the municipality, and coordinates the

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goals and objectives of the comprehensive plan with the actions of public authorities or agencies

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with regard to the protection of watersheds as provided in § 46-15.3-1, et seq.

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      (iv) The implementation program must detail the timing and schedule of municipal

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actions required to amend the zoning ordinance and map to conform to the comprehensive plan.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING

AND LAND USE ACT

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     This act would remove the mandate requiring cities and towns to include an affordable

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housing program in their comprehensive plans and would provide an opt-out provision regarding

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any provision in the state guide plan regarding affordable housing and any related land use

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provisions.

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     This act would take effect upon passage.

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