2023 -- H 6085

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LC002439

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING

AND LAND USE ACT

     Introduced By: Representatives Casey, Shekarchi, Corvese, J. Brien, Noret, Speakman,
Potter, Marszalkowski, Kazarian, and Costantino

     Date Introduced: March 03, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-22.2-6, 45-22.2-12 and 45-22.2-13 of the General Laws in

Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby

amended to read as follows:

     45-22.2-6. Required content of a comprehensive plan.

     (a) The Except as set forth herein, the comprehensive plan must utilize a minimum twenty

(20) year planning timeframe in considering forecasts, goals, and policies.

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

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

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

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

individual sections of the plan.

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

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

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

embody the goals and policies of the state guide plan.

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

municipality:

     (i) Existing conditions:

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

     (B) Zoning;

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

     (D) Service areas for public water and sewer;

     (E) Historical and cultural resource areas and sites;

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

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

and agricultural land;

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

conservation as defined by the comprehensive plan; and

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

categories.

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

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

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

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

these areas.

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

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

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

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

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

and management of existing resources and acquisition of additional resources if appropriate.

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

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

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

for the protection of these resources.

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

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

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

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

Rehabilitation Act of 2004” and chapter 53 of this title, the “Rhode Island Low and Moderate

Income Housing Act.” The plan must include goals and policies that further the goal of §  45-22.2-

3(c)(3) and implementation techniques that identify specific programs to promote the preservation,

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production, and rehabilitation of housing, as well as specific goals, implementation actions, and

time frames for development of low- and moderate-income housing, as defined in § 45-53-3.

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

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

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

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

local, regional, and statewide concerns for the expansion and stabilization of the economic base

and the promotion of quality employment opportunities and job growth.

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

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

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

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

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

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

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

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

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

implementation techniques for meeting future demands.

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

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

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

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

and convenient transportation that promotes conservation and environmental stewardship must be

identified.

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

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

Goals, policies, and implementation techniques must be identified that would help to avoid or

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

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

(b)(2)(ii) of this section, the plan must contain a land use component that designates the proposed

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

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

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

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

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

services. The land use component must contain an analysis of the inconsistency of existing zoning

districts, if any, with planned future land use. The land use component shall specify the process and

schedule by which the zoning ordinance and zoning map shall be amended to conform to the

comprehensive plan and shall be included as part of the implementation program, but in no event

shall it take longer than twelve (12) months for a zoning map not be brought into compliance with

the future land use map. The future land use map in a valid comprehensive plan updated in

accordance with this chapter shall govern all local municipal land use decisions.

     (12) Implementation program.

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

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

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

proposed to meet those costs reflected in a municipality’s capital improvement program, must be

included in the implementation program.

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

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

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

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

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

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

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

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

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

     (v) The implementation program shall contain a concise five (5) year strategic plan that is

reviewed and updated annually so that the goals and policies of the comprehensive plan are

implemented during the life of the comprehensive plan. The annual review and updated status of

the strategic plan must be submitted to the town or city council for review and approval.

     45-22.2-12. Maintaining and re-adopting the plan.

     (a) A municipality must maintain a single version of the comprehensive plan including all

amendments, appendices, and supplements. One or more complete copies of the comprehensive

plan including, all amendments, shall be made available for review by the public. Availability shall

include print, digital formats, and placement on the internet.

     (b) A municipality shall periodically review and amend its plan in a timely manner to

account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its

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entire comprehensive plan, including supplemental plans, such as, but not limited to, special area

plans, that may be incorporated by reference, at least once every ten (10) years from the date of

municipal adoption. A minimum twenty (20) year planning timeframe in considering forecasts,

goals, and policies must be utilized for an update. If a municipality fails to fully update and re-

adopt its comprehensive plan within twelve (12) years from the date of the previous plan's adoption,

such municipality shall not be able to utilize the comprehensive plan as a basis for denial of a

municipal land use decision.

     (c) A newly adopted plan shall supersede all previous versions.

     (d) A municipality shall file an informational report on the status of the comprehensive

plan implementation program with the chief not more than five (5) years from the date of municipal

approval.

     45-22.2-13. Compliance and implementation.

     (a) The municipality is responsible for the administration and enforcement of the plan.

     (b) All municipal land use decisions shall be in conformance with the locally adopted

municipal comprehensive plan subject to § 45-22.2-12(b).

     (c) Each municipality shall amend its zoning ordinance and map to conform to the

comprehensive plan in accordance with the implementation program as required by § 45-22.2-

6(b)(11) and §  45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan

adoption shall remain in force until amended. In Except with respect to comprehensive plans which

have failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances

where the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance

in effect at the time of the comprehensive plan adoption shall direct municipal land use decisions

until such time as the zoning ordinance is amended to achieve consistency with the comprehensive

plan and its implementation schedule. In instances of uncertainty in the internal construction or

application of any section of the zoning ordinance or map, the ordinance or map shall be construed

in a manner that will further the implementation of, and not be contrary to, the goals and policies

and applicable content of the adopted comprehensive plan.

     (d) Limitations on land use approvals may be imposed according to the following

provisions in addition to any other provision that may be required by law.

     (1) Nothing in the chapter shall be deemed to preclude municipalities from imposing

limitations on the number of building permits or other land use approvals to be issued at any time,

provided such limitations are consistent with the municipality’s comprehensive plan in accordance

with this chapter and are based on a reasonable, rational assessment of the municipality’s

sustainable capacity for growth.

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     (2) In the event of a dire emergency not reasonably foreseeable as part of the

comprehensive planning process, a municipality may impose a limitation on the number of building

permits or other land use approvals to be issued at any time, provided that such limitation is

reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to

alleviate the emergency.

     (e) A one-time moratorium, for the purpose of providing interim protection for a planned

future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption

of the local comprehensive plan provided that a change to the zoning ordinance and map has been

identified and scheduled for implementation within twelve (12) months of plan adoption. The

moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use,

development, or subdivisions under the following provisions:

     (1) The moratorium is restricted to those areas identified on the map or maps as required

by §  45-22.2-6(b)(2)(iii).

     (2) A notice of the moratorium must be provided by first class mail to property owners

affected by said moratorium at least fourteen (14) days in advance of the public hearing.

     (3) The ordinance shall specify:

     (i) The purpose of the moratorium;

     (ii) The date it shall take effect and the date it shall end;

     (iii) The area covered by the moratorium; and

     (iv) The regulations, restrictions, or prohibitions established by the moratorium.

     (4) The moratorium may be extended up to an additional ninety (90) days if necessary to

complete a zoning ordinance and map change provided that: (i) The public hearing as required by

§ 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of

good cause. Said extension shall not be deemed as non-conformance to the implementation

schedule.

     (f) A moratorium enacted under the provisions of subsection (e) shall not apply to state

agencies until such time that the municipal comprehensive plan receives approval from the chief

or superior court.

     (g) In the event a municipality fails to amend its zoning ordinance and map to conform to

the comprehensive plan within the implementation schedule, or by the expiration of the moratorium

period, a municipality must amend either their implementation schedule or, if the future land use is

no longer desirable or feasible, amend the future land use map.

     (1) Failure to comply with this provision within one hundred twenty (120) days of the date

of the implementation schedule or the expiration of the moratorium period shall result in the denial

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or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits

and incentives conditioned on state approval.

     (2) An implementation schedule amended under this provision shall not be eligible for an

additional moratorium as provided for in subsection (e).

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING

AND LAND USE ACT

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     This act would amend the required contents of a comprehensive plan, providing that the

"implementation program" component of the requirements include a five (5) year strategic plan to

ensure that the comprehensive plan goals and policies are implemented in a timely fashion.

     This act would take effect upon passage.

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