2023 -- H 6061 SUBSTITUTE A

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LC002437/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

     Introduced By: Representatives Craven, Shekarchi, McGaw, Shanley, Dawson, and
O'Brien

     Date Introduced: March 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-23-27, 45-23-32, 45-23-36, 45-23-38, 45-23-39, 45-23-42, 45-

23-50, 45-23-50.1, 45-23-55, 45-23-56, 45-23-62, 45-23-67 and 45-23-71 of the General Laws in

Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows:

     45-23-27. Applicability Applicability -- Effective January 1, 2024.

     (a) Sections 45-23-25 — 45-23-74 and all local regulations are applicable to all

applications under this chapter in all of the following instances:

     (1) In all cases of subdivision of land, including re-subdivision, as defined in § 45-23-32,

all provisions of §§ 45-23-25 — 45-23-74 apply;

     (2) In all cases of land development projects, as provided for in § 45-24-47 of the Zoning

Enabling Act of 1991, where a municipality has allowed for the land development projects in its

local zoning ordinance; and/or

     (3) In all cases of development plan review, as provided for in § 45-24-49 of the Zoning

Enabling Act of 1991, where a municipality has established, within their zoning ordinance, the

procedures for planning board review of applications.

     (b) Plats required.

     (1) All activity defined as a subdivision requires a new plat, drawn to the specifications of

the local regulations, and reviewed and approved by the planning board or its agents as provided in

this chapter; and

     (2) Prior to recording, the approved plat shall be submitted for signature and recording as

specified in § 45-23-64.

     45-23-32. Definitions Definitions -- Effective January 1, 2024.

     Where words or phrases used in this chapter are defined in the definitions section of either

the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode

Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts.

Additional words and phrases may be defined in local ordinances, regulations and rules under this

act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island

Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning

Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling

in all local ordinances, regulations, and rules created under this chapter. See also § 45-23-34. In

addition, the following words and phrases have the following meanings:

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

administer the land development and subdivision regulations and to review and approve qualified

applications and/or coordinate with local boards and commissions, municipal staff and state

agencies as set forth herein. The administrative officer may be a member of, or the chair, of the

planning board, an employee of the municipal planning or zoning departments, or an appointed

official of the municipality. See § 45-23-55.

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

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

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

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

officer and the planning board on matters of land development or subdivision, which shall be the

local zoning board of review constituted as the board of appeal. See § 45-23-57.

     (4) Bond. See improvement guarantee.

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

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

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

local regulations. See § 45-23-60(4).

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

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

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

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

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

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

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

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

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

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

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

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

See § 45-23-47.

     (10) Development plan review. Design or site plan review of a development of a permitted

use. A municipality may utilize development plan review under limited circumstances to encourage

development to comply with design and/or performance standards of the community under specific

and objective guidelines, for developments including, but not limited to:

     (i) A change in use at the property where no extensive construction of improvements is

sought;

     (ii) An adaptive reuse project located in a commercial zone where no extensive exterior

construction of improvements is sought;

     (iii) An adaptive reuse project located in a residential zone which results in less than nine

(9) residential units;

     (iv) Development in a designated urban or growth center;

     (v) Institutional development design review for educational or hospital facilities; or

     (vi) Development in a historic district.

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

development plan review, historic district, official map, flood plain regulation, soil erosion control

or any other governmental regulation of the use and development of land.

     (11)(12) Division of land. A subdivision.

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

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

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

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

     (13)(14) Final plan. The final stage of land development and subdivision review. See § 45-

23-43.

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

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.

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

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

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

improvement guarantees, and collect fees.

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

is affixed to, real estate.

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

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

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

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

     (20) Land-development project. A project in which one or more lots, tracts, or parcels of

land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses,

units, or structures, including but not limited to, planned development or cluster development for

residential commercial, institutional, recreational, open space, or mixed uses. The local regulations

shall include all requirements, procedures and standards necessary for proper review and approval

of land development projects to ensure consistency with this chapter and the Rhode Island zoning

enabling act.

     (i) Minor land development project. A land development project involving any one the

following:

     (A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial,

manufacturing or industrial development; or less, or

     (B) An expansion of up to fifty percent (50%) of existing floor area for commercial,

manufacturing or industrial structures; or

     (C) Mixed-use development consisting of up to six (6) dwelling units and two thousand

five hundred (2,500) gross square feet of commercial space or less; or

     (D) Multi-family residential or residential condominium development of nine (9) units or

less; or

     (E) Change in use at the property where no extensive construction of improvements are

sought;

     (F) An adaptive reuse project located in a commercial zone where no extensive exterior

construction of improvements is sought;

     (G) An adaptive reuse project located in a residential zone which results in less than nine

(9) residential units;

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     The process by which minor land development projects are reviewed by the local planning

board, commission, technical review committee and/or administrative officer is set forth in § 45-

23-38.

     (ii) Major land development project. A land development project which exceeds the

thresholds for a minor land development project as set forth in this section. The process by which

major land development projects are reviewed by the local planning board, commission, technical

review committee or administrative officer is set forth in § 45-23-39.

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

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

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

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

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

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

specific period of time. See improvement guarantee.

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

land development plan.

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

subdivision or a minor subdivision.

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

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

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

subdivision review only. It is the first formal review step of the major land development or major

subdivision process and the step in the process in which the public hearing is held . See § 45-23-40

45-23-39.

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

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

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

development plans.

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

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

in this chapter.

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

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

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

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

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

     (29)(27) Permitting authority. The local agency of government, meaning any board,

commission or administrative officer specifically empowered by state enabling law and local

regulation or ordinance to hear and decide on specific matters pertaining to local land use.

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

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

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

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

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

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

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

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

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

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

information as specified in the local regulations.

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

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

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

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

review which generally requires detailed engineered drawings and all required state and federal

permits. See § 45-23-41 45-23-39.

     (34) Public hearing. A hearing before the planning board which is duly noticed in

accordance with § 45-23-42 and which allows public comment. A public hearing is not required

for an application or stage of approval unless otherwise stated in this chapter.

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

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

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

responsibility for maintenance and operation upon municipal acceptance.

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

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

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

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

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 a

subdivision.

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

surface of the ground.

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

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

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

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

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

classification.

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

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

permitted for that lot.

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

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

street.

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

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

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

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

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

jurisdiction over the highway.

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

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

definition does not apply to driveways.

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

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

which may provide for utility connections.

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

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

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

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

categories:

     (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.

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

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

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

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

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

or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel,

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

of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any

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

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

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

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

division of property for purposes of financing constitutes a subdivision.

     (i) Administrative subdivision. Subdivision of existing lots which yields no additional lots

for development, and involves no creation or extension of streets. This subdivision only involves

division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process

by which an administrative officer or municipal planning board or commission reviews any

subdivision qualifying for this review is set forth in § 45-23-37.

     (ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots. The process

by which a municipal planning board, commission, technical review committee, and/or

administrative officer reviews a minor subdivision is set forth in § 45-23-38.

     (iii) Major subdivision. A subdivision creating ten (10) or more buildable lots. The process

by which a municipal planning board or commission reviews any subdivision qualifying for this

review under § 45-23-39.

     (53)(50) Technical review committee. A committee or committees appointed by the

planning board municipality for the purpose of reviewing, commenting, and approving and/or

making recommendations to the planning board with respect to approval of land development and

subdivision applications or administrative officer, as set forth in this chapter.

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

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

but not intended to be permanent.

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

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.

     (56)(53) Waiver of requirements. See § 45-23-62.

     45-23-36. General provisions — Application for development and certification of

completeness General provisions -- Authority and application for development and

certification of completeness -- Effective January 1, 2024.

     (a) Authority. Municipalities shall provide for the submission and approval of land

development projects and subdivisions, as such terms are defined in the Rhode Island Zoning

Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which

shall be consistent with the requirements of this chapter. The local regulations must include all

requirements, procedures and standards necessary for proper review and approval of applications

made under this chapter to ensure consistency with the intent and purposes of this chapter and

with § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991.

     (b) Classification. The In accordance with this chapter, the administrative officer shall

advise the applicant as to which approvals are category of approval is required and the appropriate

board for hearing an application for a land development or subdivision project. An applicant shall

not be required to obtain both land development and development plan review, for the same project.

The following types categories of applications, as defined in § 45-23-32 this chapter, may be filed:

     (1) Subdivisions. Administrative subdivision, minor subdivision or major subdivision;

     (2) Minor subdivision or minor land development plan; and Land development projects.

Minor land development or major land development; and

     (3) Development plan review.

     (3) Major subdivision or major land development plan.

     (b)(c) Certification of a complete application. An application shall be complete for

purposes of commencing the applicable time period for action when so certified by the

administrative officer. Every certification of completeness required by this chapter shall be in

writing. In the event the certification of the application is not made within the time specified in this

chapter for the type of plan, the application is deemed complete for purposes of commencing the

review period unless the application lacks information required for these applications as specified

in the local regulations and the administrative officer has notified the applicant, in writing, of the

deficiencies in the application. See §§ 45-23-38, 45-23-39 and 45-23-50 for applicable certification

timeframes and requirements.

     (c)(d) Notwithstanding subsections (a) and (b) other provisions of this section, the planning

board may subsequently require correction of any information found to be in error and submission

of additional information specified in the regulations but not required by the administrative officer

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prior to certification, as is necessary to make an informed decision.

     (d)(e) Where the review is postponed with the consent of the applicant, pending further

information or revision of information, the time period for review is stayed and resumes when the

administrative officer or the planning board determines that the required application information is

complete.

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

review General provisions -- Minor land development and minor subdivision review --

Effective January 1, 2024.

     (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.

     Application types and review stages.

     (1) Applications requesting relief from the zoning ordinance.

     (i) Applications under this section which require relief which qualifies only as a

modification under § 45-24-46 and local ordinances shall proceed by filing an application under

this chapter and a request for a modification to the zoning enforcement officer. If such modification

is granted the application shall then proceed to be reviewed by the administrative officer pursuant

to the applicable requirements of this section. If the modification is denied or an objection is

received as set forth in § 45-24-46, such application shall proceed under unified development plan

review pursuant to § 45-23-50.1.

     (ii) Applications under this section which require relief from the literal provisions of the

zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1, and a request for review

shall accompany the preliminary plan application.

     (iii) Any application involving a street creation or extension shall be reviewed by the

planning board and require a public hearing.

     (2) Other applications.

     The administrative officer shall review and grant, grant with conditions or deny all other

applications under this section and may grant waivers of design standards as set forth in the local

regulations and zoning ordinance. The administrative officer may utilize the technical review

committee for initial review and recommendation. The local regulations shall specifically list what

limited waivers an administrative officer is authorized to grant as part of their review.

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     (3) Review stages.

     Minor plan review consists of two (2) stages, preliminary and final; provided, that unless

otherwise set forth in this section, 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 before the planning board. The

administrative officer may combine the approval stages, providing requirements for both stages are

met by the applicant to the satisfaction of the administrative officer.

     (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 For each applicable stage of review, the application shall be certified,

in writing, complete or incomplete by the administrative officer within twenty-five (25) days or

within fifteen (15) days of the submission so long as a completed checklist of the requirements for

submission are provided as part of the submission. Such certification shall be made in accordance

with the provisions of § 45-23-36(b). If if no street creation or extension is required, and/or unified

development review is not requested, and a completed checklist of the requirements for submission

are provided as part of the submission, such application shall be certified, in writing, complete or

incomplete by the administrative officer within fifteen (15) days 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) ten (10) 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:

     (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

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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)(d) Decision on preliminary plan. 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, or the application is reviewed under the unified development plan

review, 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)(e) 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.

     (f) 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.

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

the administrative officer or the technical review committee. Final plans shall be reviewed and

approved by either the administrative officer or 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. The administrative officer or technical review committee shall approve,

deny, approve with conditions, or refer the application to the planning board based upon a finding

that there is a major change within twenty-five (25) days of the certificate of completeness.

     (h) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

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without additional public hearings, at the discretion of the administrative officer. All changes shall

be made part of the permanent record of the project application. This provision does not prohibit

the administrative officer from requesting recommendation from either the technical review

committee or the permitting authority. Denial of the proposed change(s) shall be referred to the

applicable permitting authority for review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority and must follow the same review and

hearing process required for approval of preliminary plans, which shall include a public hearing if

originally required as part of the application.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application if the administrative officer determines the change to be

a major change.

     (i) Appeal. Decisions under this section shall be considered an appealable decision pursuant

to § 45-23-71.

     (i)(j) Expiration of approval approvals. Approval Approvals of a minor land-development

or subdivision plan expires ninety (90) days one year 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.

     45-23-39. General provisions — Major land development and major subdivision

review stages General provisions -- Major land development and major subdivision review

stages -- Effective January 1, 2024.

     (a) Major plan review is required of all applications for land development and subdivision

approval subject to this chapter, unless classified as an administrative subdivision or as a minor

land development or a minor subdivision.

     (b)(a) Stages of review. Major plan land development and major subdivision review

consists of three stages of review, master plan, preliminary plan and final plan, following the pre-

application meeting(s) specified in § 45-23-35. Also required is a public hearing informational

meeting and a public meeting at the master plan stage of review or, if combined at the first stage of

review.

     (c)(b) The planning board may vote to administrative officer may combine review stages

and to modify and/or but only the planning board may waive requirements as specified in § 45-23-

62. Review stages may be combined only after the planning board administrative officer determines

that all necessary requirements have been met by the applicant or that the planning board has

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waived any submission requirements not included by the applicant.

     (c) Master plan review.

     (1) Submission requirements.

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

local regulations for master plans.

     (ii) 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.

     (iii) Initial comments will be solicited from:

     (A) Local agencies including, but not limited to, the planning department, the department

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

     (B) Adjacent communities;

     (C) State agencies, as appropriate, including the departments of environmental

management and transportation and the coastal resources management council; and

     (D) Federal agencies, as appropriate. The administrative officer shall coordinate review

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

     (iv) Applications requesting relief from the zoning ordinance.

     (A) Applications under this chapter which require relief which qualifies only as a

modification under § 45-24-46 and local ordinances shall proceed by filing a master plan

application under this section and a request for a modification to the zoning enforcement officer. If

such modification is granted, the application shall then proceed to be reviewed by the planning

board pursuant to the applicable requirements of this section. If the modification is denied or an

objection is received as set forth in § 45-24-46, such application shall proceed under unified

development plan review pursuant to § 45-23-50.1.

     (B) Applications under this section which require relief from the literal provisions of the

zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1.

     (2) Certification. The application must be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) days of the submission, according to the

provisions of § 45-23-36(b), so long as a completed checklist of requirements are provided with

the submission. The running of the time period set forth herein will be deemed stopped upon the

LC002437/SUB A - Page 14 of 50

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 ten (10) days after its resubmission.

     (3) Technical review committee. To the extent the community utilizes a technical review

committee, it shall review the application prior to the first planning board meeting and shall

comment and make recommendations to the planning board.

     (4) Public hearing.

     (i) A public hearing will be held prior to the planning board decision on the master plan. If

the master plan and preliminary plan review stages are being combined, a public hearing shall be

held during the combined stage of review.

     (ii) Notice for the public hearing is required and must be given at least fourteen (14) days

prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice

must be mailed to the applicant and to all property owners within the notice area, as specified by

local regulations.

     (iii) At the public hearing, 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.

     (5) Decision. The planning board shall, within ninety (90) days of certification of

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

the submission of a written waiver, 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.

     (6) 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.

     (6) Vesting.

     (i) 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.

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

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

     (d) Preliminary plan review.

     (1) Submission requirements.

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

local regulations for preliminary plans.

     (ii) 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, and a perimeter survey.

     (iii) 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.

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

property, proposed easements, and rights-of-way.

     (v) Prior to approval of the preliminary plan, an applicant must submit all permits required

by state or federal agencies, including permits related to freshwater wetlands, the coastal zone,

floodplains, preliminary suitability for individual septic disposal systems, public water systems,

and connections to state roads. For a state permit from the Rhode Island department of

transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and

insurance is sufficient, but such actual permit shall be required prior to the issuance of a building

permit.

     (v) 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).

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

administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(b)

so long as a completed checklist of requirements are provided with the submission. 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

LC002437/SUB A - Page 16 of 50

than ten (10) days after its resubmission.

     (3) Technical review committee. To the extent the community utilizes a technical review

committee, it shall review the application prior to the first planning board meeting and shall

comment and make recommendations to the planning board.

     (4) Public notice. Prior to the first planning board meeting on the preliminary plan, public

notice shall be sent to abutters only at least fourteen (14) days before the hearing.

     (5) 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.

     (6) 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 ninety (90) days of the date when it is certified complete, or within a

further amount of time that may be consented to by the developer through the submission of a

written waiver. Provided that, the timeframe for decision is automatically extended if evidence of

state permits has not been provided, or otherwise waived in accordance with this section.

     (7) 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.

     (8) 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.

     (e) Final plan.

     (1) Submission requirements.

     (i) The applicant shall submit to the administrative officer the items required by the local

regulations for the final plan, as well as all material required by the planning board when the

application was given preliminary approval.

     (ii) Arrangements for completion of the required public improvements, including

construction schedule and/or financial guarantees.

     (iii) Certification by the tax collector that all property taxes are current.

LC002437/SUB A - Page 17 of 50

     (iv) For phased projects, the final plan for phases following the first phase, shall be

accompanied by copies of as-built drawings not previously submitted of all existing public

improvements for prior phases.

     (2) Certification. The application for final plan approval shall be certified complete or

incomplete by the administrative officer in writing, within fifteen (15) days, according to the

provisions of § 45-23-36(b) so long as a completed checklist of requirements are provided with the

submission. This time period may be extended to twenty-five (25) days by written notice from the

administrative officer to the applicant where the final plans contain changes to or elements not

included in the preliminary plan approval. The running of the time period set forth herein shall be

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

administrative officer and shall 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 ten (10) days after its resubmission. If the

administrative officer certifies the application as complete and does not require submission to the

planning board as per subsection (c) of this section, the final plan shall be considered approved.

     (3) Decision. The administrative officer shall review, grant, grant with conditions or deny

final plan approval. The planning board shall, within forty-five (45) days after the certification of

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

or deny the final plan as submitted.

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

constitutes approval of the final 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.

     (5) Expiration of approval. The final approval of a major subdivision or land development

project expires one year from the date of approval with the right to extend for one year upon written

request by the applicant, who must appear before the planning board for the annual review, unless,

within that period, the plat or plan has been submitted for signature and recording as specified in §

45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for

recording.

     (6) Acceptance of public improvements. Signature and recording as specified in § 45-23-

64 constitute the acceptance by the municipality of any street or other public improvement or other

land intended for dedication. Final plan approval shall not impose any duty upon the municipality

to maintain or improve those dedicated areas until the governing body of the municipality accepts

the completed public improvements as constructed in compliance with the final plans.

LC002437/SUB A - Page 18 of 50

     (7) Validity of recorded plans. The approved final plan, once recorded, remains valid as

the approved plan for the site unless and until an amendment to the plan is approved under the

procedure stated in § 45-23-65, or a new plan is approved by the planning board.

     (f) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without an additional planning board meeting, to the extent applicable, at the discretion of the

administrative officer. All changes shall be made part of the permanent record of the project

application. This provision does not prohibit the administrative officer from requesting

recommendation from either the technical review committee or the permitting authority. Denial of

the proposed change(s) shall be referred to the applicable permitting authority for review as a major

change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority and must follow the same review and

hearing process required for approval of preliminary plans, which shall include a public hearing if

originally required as part of the application.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application if the administrative officer determines the change to be

a major change of the approved plans.

     (g) Appeal. Decisions under this section shall be considered an appealable decision

pursuant to § 45-23-71.

     45-23-42. General provisions — Major land development and major subdivision —

Public hearing and notice General provisions -- Major land development and major

subdivision -- Public hearing and notice -- Effective January 1, 2024.

     (a) Where a A public hearing is required for a major land development project or a major

subdivision or where a street extension or creation requires a public hearing for a minor land

development project or minor subdivision. pursuant to this chapter, the following requirements

shall apply ;

     (b)(1) Notice requirements. Public notice of the hearing shall be given at least fourteen (14)

days prior to the date of the hearing in a newspaper of general circulation within the municipality

following the municipality’s usual and customary practices for this kind of advertising. Notice shall

be sent to the applicant and to each owner within the notice area, by certified mail, return receipt

requested, of the time and place of the hearing not less than ten (10) days prior to the date of the

hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or

LC002437/SUB A - Page 19 of 50

preservation restriction on the property that is the subject of the application. The notice shall also

include the street address of the subject property, or if no street address is available, the distance

from the nearest existing intersection in tenths (1/10’s) of a mile. Local regulations may require a

supplemental notice that an application for development approval is under consideration be posted

at the location in question. The posting is for informational purposes only and does not constitute

required notice of a public hearing.

     (c)(2) Notice area.

     (1)(i) The distance(s) for notice of the public hearing shall be specified in the local

regulations. The distance may differ by zoning district and scale of development. At a minimum,

all abutting property owners to the proposed development’s property boundary shall receive notice.

     (2)(ii) Watersheds. Additional notice within watersheds shall also be sent as required in §

45-23-53(b) and (c).

     (3)(iii) Adjacent municipalities. 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.

     (d)(3) Notice cost. The cost of all notice shall be borne by the applicant.

     45-23-50. Special provisions — Development plan review Special provisions --

Development plan review -- Effective January 1, 2024.

     (a) Municipalities may provide for development plan review, as defined in §§ 45-23-32

and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to as part of the local

regulations. (b) In these instances, local regulations must include all requirements, procedures and

standards necessary for proper review and recommendations of projects subject to development

plan review to ensure consistency with the intent and purposes of this chapter and with § 45-24-49

of the Rhode Island Zoning Enabling Act of 1991. The local regulations and/or ordinances shall

identify the permitting authority with the responsibility to review and approve applications for

development plan review, which shall be designated as the planning board, technical review

committee or administrative officer. The local regulations and/or ordinances shall provide for

specific categories of projects that may review and approve an application administratively as well

as categories which are required to be heard by the designated planning board, or authorized

permitting authority.

     (b) The authorized permitting authority may waive requirements for development plan

approval where there is a change in use or occupancy and no extensive construction of

improvements is sought. The waiver may be granted only by a decision by the permitting authority

LC002437/SUB A - Page 20 of 50

finding that the use will not affect existing drainage, circulation, relationship of buildings to each

other, landscaping, buffering, lighting and other considerations of development plan approval, and

that the existing facilities do not require upgraded or additional site improvements. The application

for a waiver of development plan approval review shall include documentation, as required by the

permitting authority, on prior use of the site. the proposed use, and its impact.

     (c) The authorized permitting authority may grant waivers of design standards as set forth

in the local regulations and zoning ordinance. The local regulations shall specifically list what

limited waivers an administrative officer is authorized to grant as part of their review.

     (d) Review stages. Administrative development plan review consists of one stage of

review, while formal development plan review consists of two (2) stages of review, preliminary

and final. The administrative officer may combine the approval stages, providing requirements for

both stages are met by the applicant to the satisfaction of the administrative officer.

     (1) Application requesting relief from the zoning ordinance.

     (i) Applications under this chapter which require relief which qualifies only as a

modification under § 45-24-46 and local ordinances shall proceed by filing an application under

this chapter and a request for a modification to the zoning enforcement officer. If such modification

is granted the application shall then proceed to be reviewed by the administrative officer pursuant

to the applicable requirements of this section. If the modification is denied or an objection is

received as set forth in § 45-24-46, such application shall proceed under unified development plan

review pursuant to § 45-23-50.1.

     (ii) Applications under this section which require relief from the literal provisions of the

zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1, and a request for review

shall accompany the preliminary plan application.

     (e) Submission requirements. Any applicant requesting approval of a proposed

development under 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 or use variances related to projects qualifying for

development plan review shall be submitted and reviewed under unified development review

pursuant to § 45-23-50.1.

     (f) 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 required, according to

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

LC002437/SUB A - Page 21 of 50

deemed stopped upon the issuance of a written 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 ten (10) days after its resubmission. If

the administrative officer certifies the application as incomplete, the officer shall set forth in writing

with specificity the missing or incomplete items.

     (g) Timeframes for decision.

     (1) Administrative development plan approval. An application shall be approved, denied,

or approved with conditions within twenty-five (25) days of the certificate of completeness or

within any further time that is agreed to in writing by the applicant and administrative officer.

     (2) Formal development plan approval.

     (i) Preliminary plan. Unless the application is reviewed under unified development review,

the permitting authority 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 permitting authority.

     (ii) Final Plan. For formal development plan approval, the permitting authority shall

delegate final plan review and approval to the administrative officer. The officer will report its

actions in writing to the permitting authority at its next regular meeting, to be made part of the

record. Final plan shall be approved or denied within forty-five (45) days after the certification of

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

writing.

     (h) Failure to act. Failure of the administrative officer or the permitting authority to act

within the period prescribed constitutes approval of the preliminary plan and a certificate of the

administrative officer as to the failure to act within the required time and the resulting approval

shall be issued on request of the application.

     (i) Vested rights. Approval of development plan review shall expire two (2) years 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 an additional period upon application to the administrative officer or

permitting authority, whichever entity approved the application, upon a showing of good cause.

     (j) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer, whereupon final plan approval

may be issued. The changes may be authorized without an additional planning board meeting, at

LC002437/SUB A - Page 22 of 50

the discretion of the administrative officer. All changes shall be made part of the permanent record

of the project application. This provision does not prohibit the administrative officer from

requesting recommendation from either the technical review committee or the permitting authority.

Denial of the proposed change(s) shall be referred to the permitting authority for review as a major

change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the permitting authority and must follow the same review and hearing

process required for approval of preliminary plans, which shall include a public hearing.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application if the administrative officer determines that there has

been a major change to the approved plans.

     (k) Appeal. A decision under this section shall be considered an appealable decision

pursuant to § 45-23-71.

     45-23-50.1. Special provisions — Unified development review Special provisions --

Unified development review -- Effective January 1, 2024.

     (a) When a A municipal zoning ordinance provides shall provide for unified development

review pursuant to § 45-24-46.4, and the local regulations must include procedures for the filing,

review, and approval of applications, pursuant to § 45-24-46.4 and this section.

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

development review provisions of the regulations shall adhere to the procedures, timeframes and

standards of the underlying category of the project as listed in § 45-23-36, but shall also include

the following procedures:

     (1) Minor subdivisions and land-development projects. Except for dimensional relief

granted by modification as set forth in § 45-23-38, requests Requests for relief from the literal

requirements of the zoning ordinance variances 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 or if combined, for the first stage of

reviews. A public hearing on the application, including any variance and special-use permit

requests that meets the requirements of subsection (c) of this section 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 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.

LC002437/SUB A - Page 23 of 50

     (2) Development plan review. Except for dimensional relief granted by modification as set

forth in § 45-23-38, 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 that meets

the requirements of subsection (c) of this section shall be held prior to consideration of the

preliminary plan by the planning board or commission relevant permitting authority. The planning

board or commission authorized permitting authority 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 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)(3) Major subdivisions and land-development projects — Master plan. Except for

dimensional relief granted by modification as set forth in § 45-23-39, requests Requests for relief

from the literal requirements of the zoning ordinance variances 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, or if combined, the first stage of review. A public

hearing on the application, including any variance and special-use permit requests that meets the

requirements of subsection (c) of this section, 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. If the applicant requests new or additional zoning relief

at this stage a A public hearing on the application, including any alterations and new requests, that

meets the requirements of subsection (c) of this section, shall be held prior to consideration of the

LC002437/SUB A - Page 24 of 50

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.

     (4)(c) 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

category of project under review.

     (c)(d) Unless otherwise provided in this chapter all 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 under this section shall require a singular single

public hearing, held pursuant to subsection (b) of this section. All such The public hearings hearing

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)(e) The time periods by which the planning board or commission permitting authority

LC002437/SUB A - Page 25 of 50

must approve, approve with conditions 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 underlying type of project under review.

     (f) The expirations period of an approval of a variance or special use permit granted under

this section shall be the same as those set forth in the statute for the underlying type of project under

review.

     (e) Requests (g) Decisions under this section, including requests for the variance(s) and/or

special-use permits that are denied by the planning board or commission permitting authority may

be appealed to the board of appeal pursuant to § 45-23-66 45-23-71.

     45-23-55. Administration — The administrative officer Administration -- The

administrative officer -- Effective January 1, 2024.

     (a) Local administration of the local regulations is under the direction of the administrative

officer(s), who reports to the planning board.

     (b) The local regulations specify the process of appointment and the responsibilities of the

administrative officer(s) who oversees and coordinates the review, approval, recording and

enforcement provisions of the local regulations. The administrative officer(s) serves as the chair of

the technical review committee, where established. The local regulations state minimum

qualifications for this position regarding appropriate education, training or experience in land use

planning and site plan review.

     (c) The administrative officer(s) is responsible for coordinating reviews of proposed land

development projects and subdivisions with adjacent municipalities as is necessary to be consistent

with applicable federal, state and local laws and as directed by the planning board.

     (d) The administrative officer(s) has the authority to issue approvals and all other authority

where specifically set forth in this chapter.

     (d)(e) Enforcement of the local regulations is under the direction of the administrative

officer(s). The officer(s) is responsible for coordinating the enforcement efforts of the zoning

enforcement officer, the building inspector, planning department staff, the city or town engineer,

the department of public works and other local officials responsible for the enforcement or carrying

out of discrete elements of the regulations.

     45-23-56. Administration — Technical review committee Administration -- Technical

review committee -- Effective January 1, 2024.

     (a) The planning board may municipality may establish a technical review committee(s) of

not fewer than three (3) members, to conduct technical reviews of applications subject to their

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jurisdiction. Where a technical review committee is established, the The administrative officer shall

serve as chairperson. Membership of this subcommittee committee, to be known as the technical

review committee, or design review committee, may include, but is not limited to, members of the

planning board, planning department staff, other municipal staff representing departments with

responsibility for review or enforcement, conservation commissioners, public members, or other

duly appointed local public commission members.

     (b) If the planning board establishes a technical review committee, the If a municipality

establishes a technical review committee or committees, the planning board shall adopt written

procedures establishing the committee’s responsibilities.

     (c) The technical review committee(s) has the authority to issue approvals, make findings

and provide recommendations as specifically set forth in this chapter.

     (c)(d) Reports of the technical review committee to the planning board shall be in writing

and kept as part of the permanent documentation on the development application. In no case shall

the recommendations of the technical review committee be binding on the planning board in its

activities or decisions. All reports of the technical review committee shall be made available to the

applicant prior to the meeting of the planning board meeting at which the reports are first

considered.

     45-23-62. Procedure — Waivers — Modifications and reinstatement of plans

Procedure -- Waivers -- Modifications and reinstatement of plans -- Effective January 1, 2024.

     (a) Waiver of development plan approval.

     (1) A planning board may waive requirements for development plan approval where there

is a change in use or occupancy and no extensive construction of improvements is sought. The

waiver may be granted only by a decision by the planning board finding that the use will not affect

existing drainage, circulation, relationship of buildings to each other, landscaping, buffering,

lighting and other considerations of development plan approval, and that the existing facilities do

not require upgraded or additional site improvements.

     (2) The application for a waiver of development plan approval review shall include

documentation, as required by the planning board, on prior use of the site, the proposed use, and its

impact.

     (b) Waiver and/or modification of requirements. The planning board has the power to grant

waivers and/or modifications from the requirements for land development and subdivision approval

as may be reasonable and within the general purposes and intents of the provisions for local

regulations. The only grounds for waivers and/or modifications are where the literal enforcement

of one or more provisions of the regulations is impracticable and will exact undue hardship because

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of peculiar conditions pertaining to the land in question or where waiver and/or modification is in

the best interest of good planning practice and/or design as evidenced by consistency with the

municipality’s comprehensive plan and zoning ordinance.

     (c)(b) Local regulations shall include provisions for an applicant to seek reinstatement of

development applications when the deadlines set in the local regulations and approval agreements

for particular actions are exceeded and the development application or approval is therefore

rendered invalid. Where an approval has expired, the local regulations shall specify the point in the

review to which the application may be reinstated.

     (d)(c) Decision. The planning board shall approve, approve with conditions or deny the

request for either a waiver or modification as described in subsection (a) or (b) in this section,

according to the requirements of § 45-23-63.

     45-23-67. Appeals — Process of appeal Appeals from decision of administrative

officer -- Effective January 1, 2024.

     (a) Process and timing. Local regulations adopted pursuant to this chapter shall provide

that an appeal from any decision of the administrative officer charged in the regulations with

enforcement of any provisions, except as provided in this section, may be taken to the board of

appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer

approving or denying projects under §§ 45-23-38 or 45-23-50 shall not be subject to this section

and shall proceed directly to Superior Court as set forth in § 45-23-71.

     (1) An appeal to the board of appeal from a decision or action of the planning board or

administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66.

The appeal must be taken within twenty (20) days after the decision has been recorded in the city’s

or town’s land evidence records and posted in the office of the city or town clerk.

     (b)(2) The appeal shall be in writing and state clearly and unambiguously the issue or

decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall

either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board

of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal,

if the local regulations governing land development and subdivision review so provide.

     (c)(3) Upon receipt of an appeal, the board of appeal shall require the planning board or

administrative officer to immediately transmit to the board of appeal, all papers, documents and

plans, or a certified copy thereof, constituting the record of the action which is being appealed.

     (b) Stay. An appeal stays all proceedings in furtherance of the action being appealed.

     (c) Hearing.

     (1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of

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the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of

interest. At the hearing the parties may appear in person, or be represented by an agent or attorney.

The board shall render a decision within ten (10) days of the close of the public hearing. The cost

of any notice required for the hearing shall be borne by the applicant.

     (2) The board of appeal shall only hear appeals of the actions of an administrative officer

at a meeting called especially for the purpose of hearing the appeals and which has been so

advertised.

     (3) The hearing, which may be held on the same date and at the same place as a meeting

of the zoning board of review, must be held as a separate meeting from any zoning board of review

meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained

by the board of appeal.

     (d) Standards of Review.

     (1) As established by this chapter, in instances of a board of appeal's review of an

administrative officer's decision on matters subject to this chapter, the board of appeal shall not

substitute its own judgment for that of the administrative officer but must consider the issue upon

the findings and record of the administrative officer. The board of appeal shall not reverse a

decision of the administrative officer except on a finding of prejudicial procedural error, clear error,

or lack of support by the weight of the evidence in the record.

     (2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting

at a hearing, is necessary to reverse any decision of the administrative officer.

     (3) In the instance where the board of appeal overturns a decision of the administrative

officer, the proposed project application is remanded to the administrative officer, at the stage of

processing from which the appeal was taken, for further proceedings before the administrative

officer and/or for the final disposition, which shall be consistent with the board of appeal's decision.

     (4) The board of appeal shall keep complete records of all proceedings including a record

of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include

in the written record the reasons for each decision.

     45-23-71. Appeals to the superior court Appeals to the superior court -- Effective

January 1, 2024.

     (a) An aggrieved party may appeal a decision of the board of appeal, a decision of an

administrative officer made pursuant to §§ 45-23-38 or §45-23-50 where authorized to approve or

deny an application, a decision of the technical review committee, where authorized to approve or

deny an application, or a decision of the planning board, to the superior court for the county in

which the municipality is situated by filing a complaint stating the reasons of for the appeal within

LC002437/SUB A - Page 29 of 50

twenty (20) days after the decision has been recorded and posted in the office of the city or town

clerk. Recommendations by any public body or officer under this chapter are not appealable under

this section. The board of appeal authorized permitting authority shall file the original documents

acted upon by it and constituting the record of the case appealed from, or certified copies of the

original documents, together with any other facts that may be pertinent, with the clerk of the court

within thirty (30) days after being served with a copy of the complaint. When the complaint is filed

by someone other than the original applicant or appellant, the original applicant or appellant and

the members of the planning board shall be made parties to the proceedings. No responsive pleading

is required for an appeal filed pursuant to this section. The appeal does not stay proceedings upon

the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms

and make any other orders that it deems necessary for an equitable disposition of the appeal.

     (b) Appeals from a decision granting or denying approval of a final plan shall be limited to

elements of the approval or disapproval not contained in the decision reached by the planning board

at the preliminary stage; providing that, a public hearing has been held on the plan, if required

pursuant to this chapter.

     (c) The review shall be conducted by the superior court without a jury. The court shall

consider the record of the hearing before the planning board and, if it appear to the court that

additional evidence is necessary for the proper disposition of the matter, it may allow any party to

the appeal to present evidence in open court, which evidence, along with the report, shall constitute

the record upon which the determination of the court shall be made.

     (c)(d) The court shall not substitute its judgment for that of the planning board as to the

weight of the evidence on questions of fact. The court may affirm the decision of the board of

appeal or remand the case for further proceedings, or may reverse or modify the decision if

substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions

or decisions which are:

     (1) In violation of constitutional, statutory, ordinance or planning board regulations

provisions;

     (2) In excess of the authority granted to the planning board by statute or ordinance;

     (3) Made upon unlawful procedure;

     (4) Affected by other error of law;

     (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the

whole record; or

     (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

exercise of discretion.

LC002437/SUB A - Page 30 of 50

     SECTION 2. Sections 45-24-31, 45-24-46.4, 45-24-47, 45-24-49 and 45-24-58 of the

General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as

follows:

     45-24-31. Definitions Definitions --Effective January 1, 2024.

     Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they

have the meanings stated in that section. In addition, the following words have the following

meanings. Additional words and phrases may be used in developing local ordinances under this

chapter; however, the words and phrases defined in this section are controlling in all local

ordinances created under this chapter:

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

no intervening land.

     (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the

primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete

independent living facilities for one or more persons. It may take various forms including, but not

limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage;

or a unit that is part of an expanded or remodeled primary dwelling.

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

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

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

to which it is related.

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

     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

or its property will be injured by a decision of any officer or agency responsible for administering

the zoning ordinance of a city or town; or

     (ii) Anyone requiring notice pursuant to this chapter.

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

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

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

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

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

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

permitting purposes.

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

screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

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

occupancy.

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

to be built on a lot and that is defined by regulations governing building setbacks, maximum height,

and bulk; by other regulations; or by any combination thereof.

     (12) Building height. For a vacant parcel of land, building height shall be measured from

the average, existing-grade elevation where the foundation of the structure is proposed. For an

existing structure, building height shall be measured from average grade taken from the outermost

four (4) corners of the existing foundation. In all cases, building height shall be measured to the top

of the highest point of the existing or proposed roof or structure. This distance shall exclude spires,

chimneys, flag poles, and the like. For any property or structure located in a special flood hazard

area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the

Rhode Island coastal resources management council (CRMC) suggested design elevation three foot

(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100)

storm, the greater of the following amounts, expressed in feet, shall be excluded from the building

height calculation:

     (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or

proposed freeboard, less the average existing grade elevation; or

     (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a

one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate

the appropriate suggested design elevation map for the exclusion every ten (10) years, or as

otherwise necessary.

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

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

of environmentally, historically, culturally, or other sensitive features and/or structures. The

techniques used to concentrate buildings shall be specified in the ordinance and may include, but

are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the

resultant open land being devoted by deed restrictions for one or more uses. Under cluster

development, there is no increase in the number of lots that would be permitted under conventional

development except where ordinance provisions include incentive bonuses for certain types or

conditions of development.

     (14) Common ownership. Either:

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

or more contiguous lots; or

LC002437/SUB A - Page 32 of 50

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

more lots under specific development techniques.

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

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

houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the

following:

     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

disability reside in any type of residence in the community, as licensed by the state pursuant to

chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community

residences;

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

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

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

(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of

title 42;

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

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

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

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor

more than two (2) years. Residents will have access to, and use of, all common areas, including

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

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

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

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

compliance.

     (17) Day care — Daycare center. Any other daycare center that is not a family daycare

home.

     (18) Day care — Family daycare home. Any home, other than the individual’s home, in

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

individuals who are not relatives of the caregiver, but may not contain more than a total of eight

(8) individuals receiving day care.

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

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

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

LC002437/SUB A - Page 33 of 50

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

     (21) Development plan review. The process whereby authorized, local officials review the

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

stated purposes and standards of the ordinance. See §§ 45-23-32 and 45-23-50.

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

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

other appropriate means. These techniques may include runoff controls to minimize erosion and

sedimentation during and after construction or development; the means for preserving surface and

groundwaters; and the prevention and/or alleviation of flooding.

     (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent

living facilities for one or more persons, including permanent provisions for living, sleeping, eating,

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

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

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

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

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

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

means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law,

grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

     (27) Floating zone. An unmapped zoning district adopted within the ordinance that is

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

requirements, is approved.

     (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

     (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a

flood hazard area for purposes of floodplain management. Freeboard compensates for the many

unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

the hydrological effect of urbanization of the watershed.

     (30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

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

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

a functional member of society.

     (32) Hardship. See § 45-24-41.

     (33) Historic district or historic site. As defined in § 45-22.2-4.

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

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

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

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

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

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

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

following:

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

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

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

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

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

specified in local ordinances.

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

industrial, institutional, and other activities.

     (38) Land-development project. As defined in § 45-23-32. A project in which one or more

lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more

uses, units, or structures, including, but not limited to, planned development or cluster development

for residential, commercial, institutional, recreational, open space, or mixed uses as provided in the

zoning ordinance.

     (39) Lot. Either:

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

regulations; or

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

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

purposes of transfer of title.

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

way, usually reported in acres or square feet.

     (41) Lot area, minimum. The smallest land area established by the local zoning ordinance

upon which a use, building, or structure may be located in a particular zoning district.

     (42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings

and accessory buildings.

     (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots

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

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     (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify

how noncontiguous frontage will be considered with regard to minimum frontage requirements.

     (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from

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

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

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

street, for example, corner and through lots;

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

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

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

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

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

     (46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined

herein.

     (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2)

streets that do not intersect at the boundaries of the lot.

     (48) Lot width. The horizontal distance between the side lines of a lot measured at right

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

line.

     (49) Mere inconvenience. See § 45-24-41.

     (50) Mixed use. A mixture of land uses within a single development, building, or tract.

     (51) Modification. Permission granted and administered by the zoning enforcement officer

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

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

the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of

the applicable dimensional requirements.

     (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

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

the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

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

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

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

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

with the dimensional regulations of the zoning ordinance. Dimensional regulations include all

LC002437/SUB A - Page 36 of 50

regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building

or structure containing more dwelling units than are permitted by the use regulations of a zoning

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

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

dwelling unit regulations, is nonconforming by dimension.

     (53) Overlay district. A district established in a zoning ordinance that is superimposed on

one or more districts or parts of districts. The standards and requirements associated with an overlay

district may be more or less restrictive than those in the underlying districts consistent with other

applicable state and federal laws.

     (54) Performance standards. A set of criteria or limits relating to elements that a particular

use or process must either meet or may not exceed.

     (55) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (56) Planned development. A “land-development project,” as defined in subsection (38),

and developed according to plan as a single entity and containing one or more structures or uses

with appurtenant common areas.

     (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (58) Preapplication conference. A review meeting of a proposed development held between

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

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

     (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of

the required setback for the zoning district in which the lot is located that establishes the area within

which the principal structure must be erected or placed.

     (60) Site plan. The development plan for one or more lots on which is shown the existing

and/or the proposed conditions of the lot.

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

of the ground.

     (62) Special use. A regulated use that is permitted pursuant to the special-use permit issued

by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special

exception.

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

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

     (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or

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

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of that ordinance.

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

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

     (66) Variance. Permission to depart from the literal requirements of a zoning ordinance.

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

establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are

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

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

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

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

zoning ordinance.

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

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

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

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

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

the relief is granted are not grounds for relief.

     (67) Waters. As defined in § 46-12-1(23).

     (68) Wetland, coastal. As defined in § 45-22.2-4.

     (69) Wetland, freshwater. As defined in § 2-1-20.

     (70) Zoning certificate. A document signed by the zoning-enforcement officer, as required

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

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

authorized variance or modification therefrom.

     (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

town.

     (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town

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

town’s legislative or home rule charter, if any, that establish regulations and standards relating to

the nature and extent of uses of land and structures; that is consistent with the comprehensive plan

of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

complies with the provisions of this chapter.

     (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which a

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

districts include, but are not limited to: agricultural, commercial, industrial, institutional, open

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

     45-24-46.4. Special provisions — Unified development review Special provisions --

Unified development review -- Effective January 1, 2024.

     (a) A zoning ordinance may shall provide that review and approval of decision on

dimensional variances, use variances, and/or special-use permits for properties undergoing review

which qualifies for unified development review by the planning board or commission as land

development or subdivision projects pursuant to § 45-23-36 authorized permitting authority, be

conducted and decided by the planning board or commission authorized permitting authority. 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 The local subdivision and land-

development regulations must be brought into conformance, ordinance and regulation shall provide

for the application and review process pursuant to § 45-23-50.1.

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

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

shall be empowered authorized permitting authority to grant, grant with conditions or deny zoning

relief 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 a project under this section may shall also file specific

requests for relief from the literal 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)(d) 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

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

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

commission authorized permitting authority shall be bound to the requirements of §§ 45-24-41(d)

and 45-24-41(e) § 45-24-41 relative to entering evidence into the record in satisfaction of the

applicable standards.

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

authorized permitting authority 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) § 45-24-

42, 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) § 45-24-42.

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

§ 45-23-66 § 45-24-71.

     45-24-47. Special provisions -- Land development projects Special provisions -- Land

development projects -- Effective January 1, 2024.

     (a) A zoning ordinance may shall provide for land development projects which are projects

in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a

coordinated site for a complex of uses, units, or structures, including, but not limited to, planned

development and/or cluster development for residential, commercial, institutional, industrial,

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

defined in § 45-23-32.

     (b) A zoning ordinance adopted pursuant to this chapter which permits or requires the