Rhode Island § 45-23-29 - Subdivision of Land

§ 45-23-29. Legislative findings and intent.

(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, respectively, present findings and goals with which local regulations must be consistent.

(b) The general assembly further finds that:

(1) The subdivision enabling statutes contained in §§ 45-23-1 through 45-23-24, hereby repealed as of December 31, 1995, have been enacted in a series of separate actions over many years and do not provide for all the elements presently necessary for proper municipal review and approval of land development and subdivision projects;

(2) The character of land development and subdivision, and the related public and private services, have changed substantially in recent years;

(3) The responsibilities of the local governments in regulating land development and subdivision have changed, increased in complexity, and expanded to include additional areas of concern;

(4) State and federal laws increasingly require the interaction of local land development regulatory authorities with those of the federal and state agencies and adjacent municipalities;

(5) Not all instances of land development or subdivision are sufficiently reviewed prior to recording or construction, resulting in unwarranted environmental impacts, financial impacts on private individuals and communities, and inappropriate design;

(6) At present the cities and town throughout the state each establish their own procedures for review, approval, recording, and enforcement of land development and subdivision projects;

(7) It is necessary to provide for review and approval of land development projects within the subdivision review and approval procedures, as specified in the Rhode Island Zoning Enabling Act of 1991 (§ 45-24-27 et seq.); and

(8) It is necessary to require that the regulations and standards for all land development projects and subdivisions be sufficiently definite to provide clear direction for development design and construction and to satisfy the requirements for due process for all applicants for development approval.

(c) Therefore, it is the intent of the general assembly:

(1) That the land development and subdivision enabling authority contained in this chapter provide all cities and towns with the ability to adequately address the present and future needs of the communities;

(2) That the land development and subdivision enabling authority contained in this chapter require each city and town to develop land development and subdivision regulations in accordance with the community comprehensive plan, capital improvement plan, and zoning ordinance and to ensure the consistency of all local development regulations;

(3) That certain local procedures for review and approval of land development and subdivision are the same in every city and town;

(4) That the local procedure for integrating the approvals of state regulatory agencies into the local review and approval process for land development and subdivision is the same in every city and town; and

(5) That all proposed land developments and subdivisions are reviewed by local officials, following a standard process, prior to recording in local land evidence records.