Chapter 339
2016 -- S 2591 SUBSTITUTE A AS AMENDED
Enacted 07/06/2016

A N   A C T
RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

Introduced By: Senators McCaffrey, and Lombardi
Date Introduced: February 25, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Section 45-23-44 of the General Laws in Chapter 45-23 entitled
"Subdivision of Land" is hereby amended to read as follows:
     45-23-44. General provisions -- Physical design requirements. -- (a) All local
regulations shall specify, through reasonable, objective standards and criteria, all physical design
requirements for subdivisions and land-development projects which that are to be reviewed and
approved pursuant to the regulations. Regulations shall specify all requirements and policies for
subdivisions and land-development projects which that are not contained in the municipality's
zoning ordinance.
      (b) Nothing in this section shall be construed to restrict a municipality's right, within
state and local regulations, to establish its own minimum lot size per zoning district in its town or
city.
      (c) The slope of land shall not be excluded from the calculation of the buildable lot area
or the minimum lot size, or in the calculation of the number of buildable lots or units.
     (d) Wetland buffers, as defined in §2-1-20, shall be included in the calculation of a
minimum lot area and in the total number of square feet or acres of a tract or parcel of land before
calculating the maximum potential number of units or lots for development; provided, however,
that this shall not apply to lots directly abutting surface reservoirs with direct withdrawals used
for public drinking water. Nothing herein changes the definition and applicability of a "buildable
lot" as set forth under §45-23-60(a)(4); and nothing herein permits the disturbance of wetlands or
wetland buffers or otherwise alters the provisions of the fresh water wetlands act, §2-1-18 et seq.
      (d)(e) The requirements and policies may include, but are not limited to,: requirements
and policies for rights-of-way, open space, landscaping, connections of proposed streets and
drainage systems with those of the surrounding neighborhood,; public access through property to
adjacent public property,; and the relationship of proposed developments to natural and man-
made features of the surrounding neighborhood.
      (e)(f) The regulations shall specify all necessary findings, formulas for calculations, and
procedures for meeting the requirements and policies. These requirements and policies apply to
all subdivisions and land development projects reviewed and/or administered under the local
regulations.
     SECTION 2. This act shall take effect January 1, 2017.
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LC004787/SUB A/2
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