2016 -- S 2591 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

     Introduced By: Senators McCaffrey, and Lombardi

     Date Introduced: February 25, 2016

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-23-44 of the General Laws in Chapter 45-23 entitled

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

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

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

requirements for subdivisions and land development projects which are to be reviewed and

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

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

ordinance.

      (b) Nothing in this section shall be construed to restrict a municipality's right, within

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

city.

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

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

     (d) Wetland buffers, as defined in §2-1-20, shall be included in the calculation of a

minimum lot area and in the total number of square feet or acres of a tract or parcel of land before

calculating the maximum potential number of units or lots for development; provided, however,

that this shall not apply to lots directly abutting surface reservoirs with direct withdrawals used

for public drinking water. Nothing herein changes the definition and applicability of a "buildable

lot" as set forth under §45-23-60(a)(4); and nothing herein permits the disturbance of wetlands or

wetland buffers or otherwise alters the provisions of the fresh water wetlands act, §2-1-18, et seq.

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

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

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

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

features of the surrounding neighborhood.

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

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

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

regulations.

     SECTION 2. This act shall take effect January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

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     This act would provide that wetland buffers would be included in the calculation of

buildable lot areas, minimum lot sizes and in the calculation of buildable lots or units.

     This act would take effect January 1, 2017.

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