Title 45, Title 45 and Cities

(a) The general assembly recognizes and affirms in §§ 45-23-25 — 45-23-74 that the findings and goals stated in §§ 45-22.2-3 et seq. and 45-24-27 et seq., known as the Rhode Island Comprehensive Planning and Land Use Regulation Act and the Rhode Island Zoning Enabling Act of 1991…

Land development and subdivision review ordinances, regulations and rules shall be developed and maintained in accordance with this chapter and with a comprehensive plan which complies with chapter 22.2 of this title and a zoning ordinance which complies with § 45-24-27 et seq. L…

(a) Local regulations adopted pursuant to this chapter shall provide a statement of purposes. These purposes shall be consistent with purposes stated in chapters 22.2 and 24 of this title concerning comprehensive plans and zoning ordinances, respectively, as well as with § 45-23-…

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.…

The local regulations consist of the regulations and other text, together with charts, graphs, appendices and other explanatory material. All local regulations include, at a minimum, the elements listed below and as further described in this chapter: (1) Statement of enabling aut…

(a) One or more pre-application meetings may be held for all major land development or subdivision applications at the request of the applicant. Pre-application meetings may be held for administrative and minor applications, upon request of the applicant. Pre-application meetings…

(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 …

(a) On or before October 1, 2025, every municipality in the state shall adopt and implement one electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all development applications filed under this chapter. For purposes of this section, “electronic p…

(a) Any applicant requesting approval of a proposed administrative subdivision, as defined in this chapter, shall submit to the administrative officer the items required by the local regulations. (b) The application shall be certified, in writing, as complete or incomplete by the…

(a) Application types and review stages. (1) Applications requesting relief from the zoning ordinance. (i) Applications under this section that require relief that qualifies only as a modification under § 45-24-46 and local ordinances may proceed by filing an application under th…

(a) Stages of review. Major 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, if applicable. Also required is a public hearing at the m…

Where a public hearing is required pursuant to this chapter, the following requirements shall apply: (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 local circulation within the mu…

(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 requireme…

(a) Public design and improvement standards for development projects shall be specified, through reasonable, objective standards and criteria, in the design and improvement standards section of the local regulations. Appropriate public improvement standards shall be specified for…

(a) The local regulations shall require approval of the permitting authority of agreements for the completion of all required public improvements prior to final plan approval in the form of: (1) Completion of actual construction of all improvements; (2) Improvement guarantees; or…

Where a municipality requires, as a condition of approval of a proposed land development or subdivision project, dedication of land to the public, public improvements, payment-in-lieu of dedication or construction, or payment to mitigate the impacts of a proposed project, local r…

(a) A municipality may provide for the preliminary and final review stages, and for the construction of major land developments and subdivisions, to be divided into reasonable phases. (b) When local regulations allow development phasing, the regulations must require the following…

(a) The general assembly finds and declares that multiple dwelling units were historically common on farms because farming was a multi-generational way of life and because farm workers needed to be close to the land they worked; that this historical development pattern is centuri…

(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, as part of the local regulations. In these instances, local regulations must include all requirements, procedures, and standards nec…

(a) A municipal zoning ordinance 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 projects submit…

The city or town council shall empower, by ordinance, the planning board to adopt, modify and amend regulations and rules governing land development and subdivision projects within that municipality and to control land development and subdivision projects pursuant to those regula…

(a) The local planning board, once authorized by the ordinance required under § 45-23-51, shall adopt or repeal, and provide for the administration, interpretation, and enforcement of land development and subdivision review regulations. (b) Provisions of the local regulations and…

(a) No local regulations shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city or town planning board. The city or town planning board shall first give notice of the public hearing by publication of notice in a newspap…

(a) Printed copies of the local regulations shall be available to the general public and shall be revised to include all amendments. Any appendices shall also be available. A reasonable charge may be made for copies. (b) Upon publication of local regulations and any amendments to…

(a) Local administration of the local regulations shall be under the direction of the administrative officer(s), who shall report to the planning board. (b) The local regulations shall specify the process of appointment and the responsibilities of the administrative officer(s) wh…

(a) The municipality may establish a technical review committee(s) of not fewer than three (3) members, to conduct technical reviews of applications subject to their jurisdiction. The administrative officer shall serve as chairperson. Membership of this committee, to be known as …

The city or town council shall establish the city or town zoning board of review as the board of appeal to hear appeals of decisions of the administrative officer on administrative matters, interpretations and determinations made pursuant to § 45-23-36. This section shall not app…

Local regulations adopted pursuant to this chapter may provide for reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the applicant for the adequate review and hearing of applications, issuance of permits and recordings of subsequent decisions.

(a) Local regulations adopted pursuant to this chapter shall provide for a penalty for any violation of the local regulations, or for a violation of any terms or conditions of any action imposed by the planning board or of any other agency or officer charged in the regulations wi…

(a) Except as set forth in this section, all local regulations shall require that for all administrative, minor, and major development applications the approving authorities responsible for land development and subdivision review and approval shall make positive findings on the f…

(a) Zoning board. (1) Where an applicant requires both a variance from the local zoning ordinance and planning board approval, the application shall be reviewed under unified development review pursuant to §§ 45-23-50.1 and 45-24-46.4. (2) Where an applicant requires both a speci…

(a) 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 …

(a) All records of the planning board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivisions projects under review by the planning board shall be available for public revie…

(a) Notwithstanding any other provision set forth in this chapter, all periods pertaining to the expiration of any approval issued pursuant to the local regulations promulgated under this chapter shall be tolled until June 30, 2017. For the purposes of this section, “tolling” sha…

(a) All approved final plans and plats for land development and subdivision projects are signed by the appropriate planning board official with the date of approval. Plans and plats for major land developments and subdivisions are signed by the planning board chairperson or the s…

(a) For all changes to the approved recorded plans of land development projects or subdivisions subject to this act, an amendment of the final development plans is required prior to the issuance of any building permits. The procedure for approval and the categorization of whether…

(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 …

(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 d…

(a) Any appeal of an enactment of or an amendment of local regulations may be taken to the superior court for the county in which the municipality is situated by filing a complaint, as stated in this section, within thirty (30) days after the enactment, or amendment has become ef…

Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending and future appeals taken to the court, the court shall, at the request of either party, advance the case, so that the matter is afforded precedence on the calendar and be hear…

If any provision of this chapter or of any rule, regulation or determination made under this chapter, or the application of the provisions to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation,…