Title 45
Towns and Cities

Chapter 22.2
Rhode Island Comprehensive Planning and Land Use Act

§ 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. Except with respect to comprehensive plans that 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 applications, review, and approvals may be imposed according to only the following provisions:

(1) Nothing in the chapter shall be deemed to preclude municipalities from imposing reasonable 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. If such limitation is applied to residential building permits, the limitation must be vital to protecting public health and welfare and it must be demonstrated that there is no other means available to protect public health and welfare given the need for additional housing units in the community. No such limitation shall be applicable to applications submitted as part of a comprehensive permit project under § 45-53-4 or units to be developed under inclusionary zoning.

(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, but in no event shall such limitation be in place longer than one hundred twenty (120) days.

(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) of this section shall not apply to state agencies until such time that the municipal comprehensive plan receives approval from the chief or superior court.

(g) For a moratorium enacted under the provisions of subsection (e) of this section, 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 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) of this section.

(h) For any moratorium related to the submission, review, or approval of any land use application for residential housing development, other than that covered by subsection (e) of this section, such moratorium must be vital to protecting public health and welfare and it must be demonstrated that there is no other means available to protect public health and welfare given the need for additional housing units in the community. No such limitation shall be applicable to applications submitted as part of a comprehensive permit project under § 45-53-4, or units to be developed under inclusionary zoning. The proposal for such moratorium shall be advertised in a newspaper of local circulation at least fourteen (14) days in advance of the hearing and shall be posted on the municipal website for the fourteen (14) days in advance of the hearing on the same. A moratorium under this provision shall not last for longer than one hundred twenty (120) days. A moratorium under this provision must include a vesting provision that vests all applications that are substantially complete at the time of the enactment of the moratorium.