2016 -- S 2829 SUBSTITUTE A

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LC005181/SUB A

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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 -- LAND DEVELOPMENT AND SUBDIVISION

REVIEW--UNIFIED DEVELOPMENT REVIEW

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: March 23, 2016

     Referred To: Senate Judiciary

     (Administration)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-22-7 of the General Laws in Chapter 45-22 entitled "Local

Planning Board or Commission" is hereby amended to read as follows:

     45-22-7. Other duties of a planning board or commission Powers and duties of a

planning board or commission. -- (a) A planning board or commission shall have the sole

responsibility for performing all those acts necessary to prepare a comprehensive plan for a

municipality in accordance with the provisions of chapter 22.2 of title 45.

     (b) Pursuant to §45-23-51, a planning board or commission shall be empowered by the

city or town council, by ordinance, to adopt, modify and amend regulations and rules governing

land development and subdivision projects within that municipality and to control land

development and subdivision projects pursuant to those regulations and rules. The planning board

or commission shall also provide for the administration, interpretation, and enforcement of land

development and subdivision review regulations, pursuant to §45-23-52.

     (c) When directed by the city or town zoning ordinance pursuant to §45-24-46.4 and the

city or town land development and subdivision review regulations pursuant to §45-23-50.1, a

planning board or commission shall have the power to review and approve, approve with

conditions, or deny requests for variances and special-use permits submitted as part of land

development and subdivision applications.

     (d) A planning board or commission established under the provisions of this chapter shall

make studies and prepare plans and reports on the needs and resources of the community with

reference to its physical, economic, and social growth and development as affecting the health,

safety, morals, and general welfare of the people. The studies, plans, and reports shall concern,

but not necessarily be limited to, the following:

      (1) Land use and land use regulation;

      (2) Transportation facilities;

      (3) Public facilities including recreation areas, utilities, schools, fire stations, police

stations, and others;

      (4) Blighted areas including the designation of general areas for redevelopment, renewal,

rehabilitation, or conservation;

      (5) Problems of housing and the development of housing programs.

      (6) Environmental protection;

      (7) Natural resource conservation;

      (8) Protection from disaster.

      (9) Economic and social characteristics of the population;

      (10) Preservation of historic sites and buildings; and

      (11) Economic development.

      (b)(e) When directed by the city or town council or by the appointing authority, a

planning board or commission shall prepare an annual capital budget and a comprehensive long

range capital improvement program for submission to the council, the appointing authority, or

other designated official or agency.

      (c)(f) A planning board or commission shall submit an advisory opinion and

recommendation on all zoning matters referred to it by the zoning board of review under the

provisions of the city or town zoning ordinance and report on any other matter referred to it, by

the city or town council, the chief executive, or the appointing authority.

      (d)(g) A planning board or commission shall perform any other duties that may be

assigned to the board or commission from time to time by any act of the general assembly or by

any ordinance, code, regulation order, or resolution of the city or town council or by the

appointing authority.

      (e)(h) A planning board or commission has authority to call upon other departments,

boards, and committees of the city or town and upon regional, state, and federal agencies for

information and assistance necessary to the performance of its duties, and shall cooperate with the

city or town, regional, state, and federal agencies on matters of community, regional, and state

planning and development.

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      (f)(i) Each planning board or commission must adopt a provision requiring any person

who will be required to file a request for access pursuant to § 24-8-34 to file that request not later

than the day on which that person files any document in connection with the project in question

with the applicable town or city, and to provide a copy of the request to the town or city.

     SECTION 2. Sections 45-23-38, 45-23-40, 45-23-41, 45-23-61 and 45-23-63 of the

General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as

follows:

     45-23-38. General provisions -- Minor land development and minor subdivision

review. -- (a) Review stages. - Minor plan review consists of two (2) stages, preliminary and

final; provided, that if a street creation or extension is involved, or a request for variances and/or

special-use permits are submitted, pursuant to the regulation's unified development review

provisions a public hearing is required. The planning board may combine the approval stages,

providing requirements for both stages are met by the applicant to the satisfaction of the planning

officials.

      (b) Submission requirements. - Any applicant requesting approval of a proposed minor

subdivision or minor land development, as defined in this chapter, shall submit to the

administrative officer the items required by the local regulations. Requests for relief from the

literal requirements of the zoning ordinance and/or for the issuance of special-use permits related

to minor subdivisions and/or minor land development projects that are submitted under a zoning

ordinance’s unified development review provisions shall be included as part of the preliminary

plan application, pursuant to §45-23-50.1(b).

      (c) Certification. - The application shall be certified, in writing, complete or incomplete

by the administrative officer within twenty-five (25) days or within fifteen (15) days if no street

creation or extension is required, and/or unified development review is not requested, according

to the provisions of § 45-23-36(b). The running of the time period set forth in this section will be

deemed stopped upon the issuance of a certificate of incompleteness of the application by the

administrative officer and will recommence upon the resubmission of a corrected application by

the applicant. However, in no event will the administrative officer be required to certify a

corrected submission as complete or incomplete less than fourteen (14) days after its

resubmission.

      (d) Technical review committee. - The technical review committee, if established, will

review the application and will comment and make recommendations to the planning board. The

application will be referred to the planning board as a whole if there is no technical review

committee. When reviewed by a technical review committee:

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      (1) If the land development or subdivision application does not include a request for

unified development review and the plan is approved by a majority of the committee members,

the application is forwarded to the planning board with a recommendation for preliminary plan

approval without further review.

      (2) If the plan is not approved by a majority vote of the committee members or the

application includes a request for unified development review, the minor land development and

subdivision application is referred to the planning board.

      (e) Re-assignment to major review. - The planning board may re-assign a proposed

minor project to major review only when the planning board is unable to make the positive

findings required in § 45-23-60.

      (f) Decision. - If no street creation or extension is required, the planning board will

approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of

certification of completeness, or within any further time that is agreed to by the applicant and the

board, according to the requirements of §§45-23-60 and 45-23-63. If a street extension or creation

is required, the planning board will hold a public hearing prior to approval according to the

requirements in § 45-23-42 and will approve, deny, or approve with conditions, the preliminary

plan within ninety-five (95) days of certification of completeness, or within any specified time

that is agreed to by the applicant and the board, according to the requirements of §§45-23-60 and

§ 45-23-63.

      (g) Failure to act. - Failure of the planning board to act within the period prescribed

constitutes approval of the preliminary plan and a certificate of the administrative officer as to the

failure of the planning board to act within the required time and the resulting approval will be

issued on request of the application.

      (h) Final plan. - The planning board may delegate final plan review and approval to

either the administrative officer or the technical review committee. The officer or committee will

report its actions, in writing to the planning board at its next regular meeting, to be made part of

the record.

      (i) Expiration of approval. - Approval of a minor land development or subdivision plan

expires ninety (90) days from the date of approval unless within that period a plat or plan, in

conformity with approval, and as defined in this act, is submitted for signature and recording as

specified in § 45-23-64. Validity may be extended for a longer period, for cause shown, if

requested by the application in writing, and approved by the planning board.

     45-23-40. General provisions -- Major land development and major subdivision --

Master plan. -- (a) Submission requirements.

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      (1) The applicant shall first submit to the administrative officer the items required by the

local regulations for master plans.

      (2) Requirements for the master plan and supporting material for this phase of review

include, but are not limited to: information on the natural and built features of the surrounding

neighborhood, existing natural and man-made conditions of the development site, including

topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well

as the proposed design concept, proposed public improvements and dedications, tentative

construction phasing, and potential neighborhood impacts.

      (3) Initial comments will be solicited from

     (i) local agencies including, but not limited to, the planning department, the department

of public works, fire and police departments, the conservation and recreation commissions;

     (ii) adjacent communities;

     (iii) state agencies, as appropriate, including the departments of environmental

management and transportation, and the coastal resources management council; and (iv) federal

agencies, as appropriate. The administrative officer shall coordinate review and comments by

local officials, adjacent communities, and state and federal agencies.

     (4) Requests for relief from the literal requirements of the zoning ordinance and/or for the

issuance of special-use permits related to major subdivisions and/or major land development

projects that are submitted under a zoning ordinance's unified development review provisions

shall be included as part of the master plan application, pursuant to §45-23-50.1(b).

      (b) Certification. - The application must be certified in writing, complete or incomplete

by the administrative officer within sixty (60) days, according to the provisions of § 45-23-36(b).

The running of the time period set forth herein will be deemed stopped upon the issuance of a

certificate of incompleteness of the application by the administrative officer and will recommence

upon the resubmission of a corrected application by the applicant. However, in no event will the

administrative officer be required to certify a corrected submission as complete or incomplete less

than fourteen (14) days after its resubmission.

      (c) Technical review committee. - The technical review committee, if established, shall

review the application and shall comment and make recommendations to the planning board.

      (d) Informational meeting.

      (1) A public informational meeting will be held prior to the planning board decision on

the master plan, unless the master plan and preliminary plan approvals are being combined, in

which case the public informational meeting is optional, based upon planning board

determination, or unified development review has been requested, in which case a public hearing

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shall be held pursuant to §45-23-50.1(b).

      (2) Public notice for the informational meeting is required and must be given at least

seven (7) days prior to the date of the meeting in a newspaper of general circulation within the

municipality. Postcard notice must be mailed to the applicant and to all property owners within

the notice area, as specified by local regulations.

      (3) At the public informational meeting the applicant will present the proposed

development project. The planning board must allow oral and written comments from the general

public. All public comments are to be made part of the public record of the project application.

      (e) Decision. - The planning board shall, within one hundred and twenty (120) days of

certification of completeness, or within a further amount of time that may be consented to by the

applicant, approve of the master plan as submitted, approve with changes and/or conditions, or

deny the application, according to the requirements of §§45-23-60 and 45-23-63.

      (f) Failure to act. - Failure of the planning board to act within the prescribed period

constitutes approval of the master plan, and a certificate of the administrative officer as to the

failure of the planning board to act within the required time and the resulting approval will be

issued on request of the applicant.

      (g) Vesting.

      (1) The approved master plan is vested for a period of two (2) years, with the right to

extend for two (2) one year extensions upon written request by the applicant, who must appear

before the planning board for the annual review. Thereafter, vesting may be extended for a longer

period, for good cause shown, if requested by the applicant, in writing, and approved by the

planning board. Master plan vesting includes the zoning requirements, conceptual layout and all

conditions shown on the approved master plan drawings and supporting materials.

      (2) The initial four (4) year vesting for the approved master plan constitutes the vested

rights for the development as required in § 45-24-44.

     45-23-41. General provisions -- Major land development and major subdivision --

Preliminary plan. -- (a) Submission requirements.

      (1) The applicant shall first submit to the administrative officer the items required by the

local regulations for preliminary plans.

      (2) Requirements for the preliminary plan and supporting materials for this phase of the

review include, but are not limited to: engineering plans depicting the existing site conditions,

engineering plans depicting the proposed development project, a perimeter survey, all permits

required by state or federal agencies prior to commencement of construction, including permits

related to freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual

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septic disposal systems, public water systems, and connections to state roads.

      (3) At the preliminary plan review phase, the administrative officer shall solicit final

written comments and/or approvals of the department of public works, the city or town engineer,

the city or town solicitor, other local government departments, commissions, or authorities as

appropriate.

      (4) Prior to approval of the preliminary plan, copies of all legal documents describing the

property, proposed easements and rights-of-way.

     (5) If the applicant is requesting alteration of any variances and/or special use permits

granted by the planning board or commission at the master plan stage of review pursuant to

adopted unified development review provisions, and/or any new variances and/or special-use

permits, such requests and all supporting documentation shall be included as part of the

preliminary plan application materials, pursuant to §45-23-50.1(b).

     (b) Certification. - The application will be certified as complete or incomplete by the

administrative officer within sixty (60) days, according to the provisions of § 45-23-36(b). The

running of the time period set forth herein will be deemed stopped upon the issuance of a

certificate of incompleteness of the application by the administrative officer and will recommence

upon the resubmission of a corrected application by the applicant. However, in no event shall the

administrative officer be required to certify a corrected submission as complete or incomplete less

than fourteen (14) days after its resubmission.

      (c) Technical review committee. - The technical review committee, if established, shall

review the application and shall comment and make recommendations to the planning board.

      (d) Public hearing. - Prior to a planning board decision on the preliminary plan, a public

hearing, which adheres to the requirements for notice described in § 45-23-42, must be held.

      (e) Public improvement guarantees. - Proposed arrangements for completion of the

required public improvements, including construction schedule and/or financial guarantees shall

be reviewed and approved by the planning board at preliminary plan approval.

      (f) Decision. - A complete application for a major subdivision or development plan shall

be approved, approved with conditions or denied, in accordance with the requirements of §§ 45-

23-60 and 45-23-63, within one hundred twenty (120) days of the date when it is certified

complete, or within a further amount of time that may be consented to by the developer.

      (g) Failure to act. - Failure of the planning board to act within the prescribed period

constitutes approval of the preliminary plan and a certificate of the administrative officer as to the

failure of the planning board to act within the required time and the resulting approval shall be

issued on request of the applicant.

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      (h) Vesting. - The approved preliminary plan is vested for a period of two (2) years with

the right to extend for two (2) one year extensions upon written request by the applicant, who

must appear before the planning board for each annual review and provide proof of valid state or

federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good

cause shown, if requested, in writing by the applicant, and approved by the planning board. The

vesting for the preliminary plan approval includes all general and specific conditions shown on

the approved preliminary plan drawings and supporting material.

     45-23-61. Procedure -- Precedence of approvals between planning board and other

local permitting authorities. -- (a) Zoning board.

      (1) Where an applicant requires both a variance from the local zoning ordinance and

planning board approval, and the application is not undergoing unified development review

pursuant to §45-23-50.1 and the local zoning ordinance, the applicant shall first obtain an

advisory recommendation from the planning board, as well as conditional planning board

approval for the first approval stage for the proposed project, which may be simultaneous, then

obtain conditional zoning board relief, and then return to the planning board for subsequent

required approval(s).

      (2) Where an applicant requires both a special-use permit under the local zoning

ordinance and planning board approval, and the application is not undergoing unified

development review pursuant to §45-23-50.1 and the local zoning ordinance, the applicant shall

first obtain an advisory recommendation from the planning board, as well as conditional planning

board approval for the first approval stage for the proposed project, which may be simultaneous,

then obtain a conditional special-use permit from the zoning board, and then return to the

planning board for subsequent required approval(s).

      (b) City or town council. - Where an applicant requires both planning board approval

and council approval for a zoning ordinance or zoning map change, the applicant shall first obtain

an advisory recommendation on the zoning change from the planning board, as well as

conditional planning board approval for the first approval stage for the proposed project, which

may be simultaneous, then obtain a conditional zoning change from the council, and then return

to the planning board for subsequent required approval(s).

     45-23-63. Procedure -- Meetings -- Votes -- Decisions and records. -- (a) All records

of the planning board proceedings and decisions shall be written and kept permanently available

for public review. Completed applications for proposed land development and subdivisions

projects under review by the planning board shall be available for public review.

      (b) Participation in a planning board meeting or other proceedings by any party is not a

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cause for civil action or liability except for acts not in good faith, intentional misconduct,

knowing violation of law, transactions where there is an improper personal benefit, or malicious,

wanton, or willful misconduct.

      (c) All final written comments to the planning board from the administrative officer,

municipal departments, the technical review committee, state and federal agencies, and local

commissions are part of the permanent record of the development application.

      (d) Votes. - All votes of the planning board shall be made part of the permanent record

and show the members present and their votes. A decision by the planning board to approve any

land development or subdivision application requires a vote for approval by a majority of the

current planning board membership. A decision by the planning board to approve a variance or

special-use permit pursuant to any adopted unified development review regulations requires a

vote for approval by a majority of the planning board members that were present at the public

hearing at which the request was heard.

      (e) All written decisions of the planning board shall be recorded in the land evidence

records within thirty-five (35) days after the planning board vote. A copy of the recorded decision

shall be mailed within one business day of recording, by any method that provides confirmation

of receipt, to the applicant and to any objector who has filed a written request for notice with the

administrative officer.

     SECTION 3. Chapter 45-23 of the General Laws entitled "Subdivision of Land" is hereby

amended by adding thereto the following section:

     45-23-50.1. Special provisions -- Unified development review. -- (a) When a municipal

zoning ordinance provides for unified development review pursuant to §45-24-46.4, the local

regulations must include procedures for the filing, review and approval of applications, pursuant

to this section.

     (b) Review of variances and special-use permits submitted under the unified development

review provisions of the regulations shall adhere to the following procedures:

     (1) Minor subdivisions and land development projects. Requests for relief from the literal

requirements of the zoning ordinance and/or for the issuance of special-use permits related to

minor subdivisions and land development projects shall be submitted as part of the application

materials for the preliminary plan stage of review. A public hearing on the application, including

any variance and special use permit requests, which meets the requirements of §45-23-50.1(c),

shall be held prior to consideration of the preliminary plan by the planning board or commission.

The planning board or commission shall conditionally approve or deny the request(s) for the

variance(s) and/or special-use permit(s) before considering the preliminary plan application for

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the minor subdivision or land development project. Approval of the variance(s) and/or special-use

permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land

development project.

     (2) Major subdivisions and land development projects – Master plan. Requests for relief

from the literal requirements of the zoning ordinance and/or for the issuance of a special-use

permit related to major subdivisions and land development projects shall be submitted as part of

the application materials for the master plan stage of review. A public hearing on the application,

including any variance and special use permit requests which meets the requirements of §45-23-

50.1(c), shall be held prior to consideration of the master plan by the planning board or

commission. The planning board or commission shall conditionally approve or deny the requests

for the variance(s) and/or special-use permit(s) before considering the master plan application for

the major subdivision or land development project. Approval of the variance(s) and/or special-use

permit(s) shall be conditioned on approval of the final plan of the major subdivision or land

development project.

     (3) Major subdivisions and land development projects – Preliminary plan. During the

preliminary plan stage of review, applicants shall have the ability to request alteration of any

variance(s) and/or special-use permit(s) granted by the planning board or commission during the

master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based

on the outcomes of the more detailed planning and design necessary for the preliminary plan. If

necessary, the applicant shall submit such requests and all supporting documentation along with

the preliminary plan application materials. A public hearing on the application, including any

alterations and new requests, which meets the requirements of §45-23-50.1(c), shall be held prior

to consideration of the preliminary plan by the planning board or commission. The planning

board or commission shall conditionally approve, amend, or deny the requests for alteration(s),

new variance(s) and/or new special-use permit(s) before considering the preliminary plan

application for the major subdivision or land development project. Approval of the alteration(s),

new variance(s), and/or new special-use permit(s) shall be conditioned on approval of the final

plan of the major subdivision or land development project. If the planning board or commission

denies the request for alteration(s), new variance(s), and/or new special-use permit(s) the

planning board shall have the option of remanding the application back to the master plan stage of

review. Alternatively, if the planning board or commission denies the request for alteration(s),

new variance(s), and/or new special-use permit(s), the applicant may consent to an extension of

the decision period mandated by §45-23-41(f) so that additional information can be provided and

reviewed by the board or commission.

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     (4) Decision. The time periods by which the planning board or commission must approve

or deny applications for variances and special-use permits under the unified development review

provisions of the local regulations shall be the same as the time periods by which the board must

make a decision on the applicable review stage of the subdivision or land development project

under review.

     (c) All subdivision and land development applications that include requests for variances

and/or special-use permits submitted under the development review provisions of the regulations

shall require a singular public hearing, held pursuant to §45-23-50.1(b). All such public hearings

must meet the following requirements:

     (1) Public hearing notice shall adhere to the requirements found in §45-23-42(b).

     (2) The notice area for notice of the public hearing shall be specified in the local

regulations, and shall, at a minimum, include all property located in or within not less than two

hundred feet (200') of the perimeter of the area included in the subdivision and/or land

development project. Notice of the public hearing shall be sent by the administrative officer to the

administrative officer of an adjacent municipality if: (1) The notice area extends into the adjacent

municipality; or (2) The development site extends into the adjacent municipality; or (3) There is a

potential for significant negative impact on the adjacent municipality. Additional notice within

watersheds shall also be sent as required in §45-23-53(b) and (c).

     (3) Public notice shall indicate that dimensional variance(s), use variance(s) and/or

special-use permit(s) are to be considered for the subdivision and/or land development project.

     (4) The cost of all public notice is to be borne by the applicant.

     (d) The time periods by which the planning board or commission must approve or deny

requests for variances and special-use permits under the unified development review provisions

of a zoning ordinance shall be the same as the time periods by which the board must make a

decision on the applicable review stage of the subdivision or land development project under

review.

     (e) Requests for the variance(s) and/or special-use permits that are denied by the planning

board or commission may be appealed to the board of appeal pursuant to §45-23-66.

     SECTION 4. Sections 45-24-41 and 45-24-42 of the General Laws in Chapter 45-24

entitled "Zoning Ordinances" are hereby amended to read as follows:

     45-24-41. General provisions -- Variances. -- (a) An application for relief from the

literal requirements of a zoning ordinance because of hardship may be made by any person,

group, agency, or corporation by filing with the zoning enforcement officer or agency an

application describing the request and supported by any data and evidence as may be required by

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the zoning board of review or by the terms of the ordinance. The zoning enforcement officer or

agency shall immediately transmit each application received to the zoning board of review and a

copy of each application to the planning board or commission.

      (b) A zoning ordinance provides that the zoning board of review, immediately upon

receipt of an application for a variance in the application of the literal terms of the zoning

ordinance, may request that the planning board or commission and/or staff report its findings and

recommendations, including a statement on the general consistency of the application with the

goals and purposes of the comprehensive plan of the city or town, in writing, to the zoning board

of review within thirty (30) days of receipt of the application from that board. The zoning board

shall hold a public hearing on any application for variance in an expeditious manner, after receipt,

in proper form, of an application, and shall give public notice at least fourteen (14) days prior to

the date of the hearing in a newspaper of general circulation in the city or town. Notice of hearing

shall be sent by first class mail to the applicant, and to at least all those who would require notice

under § 45-24-53. The notice shall also include the street address of the subject property. A

zoning ordinance may require that a supplemental notice, that an application for a variance is

under consideration, be posted at the location in question. The posting is for information purposes

only and does not constitute required notice of a public hearing. The cost of notification shall be

borne by the applicant.

      (c) A zoning ordinance may provide for unified development review, pursuant to §45-

24-46.4. Requests for dimensional and use variances submitted under a unified development

review provision of a zoning ordinance shall be submitted as part of the subdivision or land

development application to the administrative officer of the planning board or commission,

pursuant to §45-24-46.4(a). All subdivision or land development applications submitted under the

unified development review provisions of a zoning ordinance shall have a public hearing, which

shall meet the requirements of §45-23-50.1(c).

     (d) In granting a variance, the zoning board of review, or, where unified development

review is enabled pursuant to §45-24-46.4, the planning board or commission, shall require

requires that evidence to the satisfaction of the following standards is entered into the record of

the proceedings:

      (1) That the hardship from which the applicant seeks relief is due to the unique

characteristics of the subject land or structure and not to the general characteristics of the

surrounding area; and is not due to a physical or economic disability of the applicant, excepting

those physical disabilities addressed in § 45-24-30(16);

      (2) That the hardship is not the result of any prior action of the applicant and does not

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result primarily from the desire of the applicant to realize greater financial gain;

      (3) That the granting of the requested variance will not alter the general character of the

surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive

plan upon which the ordinance is based; and

      (4) That the relief to be granted is the least relief necessary.

      (d)(e) The zoning board of review, or, where unified development review is enabled

pursuant to §45-24-46.4, the planning board or commission, shall, in addition to the above

standards, require that evidence is entered into the record of the proceedings showing that:

     (1) in granting a use variance the subject land or structure cannot yield any beneficial use

if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of

neighboring land or structures in the same district and permitted use of lands or structures in an

adjacent district shall not be considered in granting a use variance; and

     (2) in granting a dimensional variance, that the hardship suffered by the owner of the

subject property if the dimensional variance is not granted amounts to more than a mere

inconvenience. The fact that a use may be more profitable or that a structure may be more

valuable after the relief is granted is not grounds for relief. The zoning board of review, or, where

unified development review is enabled pursuant to §45-24-46.4, the planning board or

commission has the power to grant dimensional variances where the use is permitted by special

use permit if provided for in the special use permit sections of the zoning ordinance.

     45-24-42. General provisions -- Special-use permits. -- (a) A zoning ordinance shall

provide for the issuance of special-use permits approved by the zoning board of review, or, where

unified development review is enabled pursuant to §45-24-46.4, the planning board or

commission.

      (b) The ordinance shall:

      (1) Specify the uses requiring special-use permits in each district;

      (2) Describe the conditions and procedures under which special-use permits, of each or

the various categories of special-use permits established in the zoning ordinance, may be issued;

      (3) Establish criteria for the issuance of each category of special-use permit, that shall be

in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance

of the city or town;

      (4) Provide for public hearings and notification of the date, time, place, and purpose of

those hearings to interested parties. Special-use permit requests submitted under a zoning

ordinance’s unified development review provisions shall be heard and noticed in conjunction with

the subdivision or land development application, according to the requirements of §45-23-50.1.

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Public notice for special-use permits that are not submitted under a zoning ordinance's unified

development review provisions shall be given at least fourteen (14) days prior to the date of the

hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent

by first class mail to the applicant, and to all those who would require notice under § 45-24-53.

The notice shall also include the street address of the subject property. A zoning ordinance may

require that a supplemental notice, that an application for a special use permit is under

consideration, be posted at the location in question. The posting is for information purposes only

and does not constitute required notice of a public hearing. The cost of notification shall be borne

by the applicant;

      (5) Provide for the recording of findings of fact and written decisions; and

      (6) Provide that appeals may be taken pursuant to §§45-24-70 or 45-23-66, dependent on

the board to which application was made.

      (c) The ordinance additionally may provide that an applicant may apply for, and be

issued, a dimensional variance in conjunction with a special use permit. If the special use could

not exist without the dimensional variance, the zoning board of review, or, where unified

development review is enabled pursuant to §45-24-46.4(b), the planning board or commission

shall consider the special use permit and the dimensional variance together to determine if

granting the special use is appropriate based on both the special use criteria and the dimensional

variance evidentiary standards.

     SECTION 5. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby

amended by adding thereto the following section:

     45-24-46.4. Special provisions -- Unified development review. -- (a) A zoning

ordinance may provide that review and approval of dimensional variances, use variances and/or

special-use permits for properties undergoing review by the planning board or commission as

land development or subdivision projects pursuant to §45-23-36, be conducted and decided by the

planning board or commission. This process is to be known as unified development review.

     (b) If unified development review is desired, such review must be enabled within the

zoning ordinance, in accordance with this section, and the local subdivision and land

development regulations must be brought into conformance, pursuant to §45-23-50.1.

     (c) A zoning ordinance that provides for unified development review shall:

     (1) Specify which types of zoning approval the planning board or commission shall be

empowered to grant for which types of projects; and

     (2) Provide that any person, group, agency or corporation that files an application for an

included land development or subdivision project may also file requests for relief from the literal

LC005181/SUB A - Page 14 of 15

requirements of a zoning ordinance on the subject property, pursuant to §45-24-41, and/or for the

issuance of special-use permits for the subject property, pursuant to §45-24-42, by including such

within the application to the administrative officer of the planning board or commission with the

other required application materials, pursuant to §45-23-50.1(b).

     (d) A zoning ordinance that provides for unified development review may specify design,

use, public benefit or other relevant criteria that must be met in order for an application to qualify

for review under the unified development review provisions of the zoning ordinance.

Certification as to whether an application meets the established criteria shall be conducted in

conjunction with, and following the time lines outlined for, certification of completeness of the

application, pursuant to §§45-23-38(c), 45-23-40(b), or 45-23-41(b).

     (e) All land development and subdivision applications that include requests for variances

and/or special use permits submitted pursuant to this section shall require a public hearing that

meets the requirements of §§45-23-50.1(b) and 45-23-50.1(c).

     (f) In granting requests for dimensional and use variances, the planning board or

commission shall be bound to the requirements of §§45-24-41(c) and 45-24-41(d) relative to

entering evidence into the record in satisfaction of the applicable standards.

     (g) In reviewing requests for special-use permits, the planning board or commission shall

be bound to the conditions and procedures under which a special-use permit may be issued and

the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to

§§45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3), and shall be required to provide for the

recording of findings of fact and written decisions as described in the zoning ordinance pursuant

to §45-24-42(b)(5).

     (h) An appeal from any decision made pursuant to this section may be taken pursuant to

§45-23-66.

     SECTION 6. This act shall take effect upon passage.

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LC005181/SUB A - Page 15 of 15

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- LAND DEVELOPMENT AND SUBDIVISION

REVIEW--UNIFIED DEVELOPMENT REVIEW

***

     This act would amend the provisions of the law pertaining to subdivisions and zoning

ordinances to provide for unified development review by local planning and zoning boards or

commissions for major or minor land developments or subdivisions.

     This act would take effect upon passage.

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