Towns and Cities

Subdivision of Land

SECTION 45-23-44

§ 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 that are to be reviewed and approved pursuant to the regulations. Regulations shall specify all requirements and policies for subdivisions and land-development projects 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 freshwater wetlands act, § 2-1-18 et seq.

(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.

(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.

History of Section.
(P.L. 1992, ch. 385, § 1; P.L. 2001, ch. 179, § 2; P.L. 2013, ch. 467, § 1; P.L. 2013, ch. 458, § 1; P.L. 2016, ch. 339, § 1; P.L. 2016, ch. 360, § 1.)