§ 45-22.2-4 - Definitions.
SECTION 45-22.2-4
§ 45-22.2-4 Definitions. – As used in this chapter the following words have the meanings stated herein:
(1) "Affordable housing plan" means a component of a housingelement, prepared by a town subject to planning expectations established bychapter 53 of this title, or a component of a housing element, prepared for thepurpose of conformity with the requirements of § 42-128- 8.1.
(2) "Agricultural land" means land suitable for agricultureby reason of suitability of soil or other natural characteristics or past usefor agricultural purposes. Agricultural land includes that defined as primefarm land or additional farm land of statewide importance for Rhode Island bythe soil conservation service of the United States Department of Agriculture.
(3) "Board" means the state comprehensive plan appeals boardas established by chapter 22.3 of this title.
(4) "Capacity" or "land capacity" means the suitability ofthe land, as defined by geology, soil conditions, topography, and waterresources, to support its development for uses such as residential, commercial,industrial, open space, or recreation. Land capacity may be modified byprovision of facilities and services.
(5) "Capital improvements program" means a proposed scheduleof all future projects listed in order of construction priority together withcost estimates and the anticipated means of financing each project.
(6) "Coastal features" means those coastal features definedin chapter 23 of title 46.
(7) "Comprehensive plan" or "comprehensive land use plan"means a document containing the components described in this chapter, includingthe implementation program which is consistent with the goals and guidelinesestablished by this chapter.
(8) "Council" means the state planning council as establishedby chapter 11 of title 42.
(9) "Days" means calendar days.
(10) "Director" means the director of administration.
(11) "Division of planning" means the office of stateplanning as established as a division of the department of administration by§ 42-11-10(b).
(12) "Federally insured or assisted housing" means:
(i) Low income housing units insured or assisted under§§ 221(d)(3) and 236 of the National Housing Act, 12 U.S.C. §1701 et seq.;
(ii) Low income housing units produced with assistance under§ 8 of the United States Housing Act of 1937, 42 U.S.C. § 1401 etseq.; and
(iii) Rural low income housing financed under § 515 ofthe Housing Act of 1949, 12 U.S.C. § 1715z.
(13) "Floodplains" or "flood hazard area" means an area thathas a one percent (1%) or greater chance of inundation in any given year, asdelineated by the federal emergency agency pursuant to the National FloodInsurance Act of 1968, as amended (P.L. 90-448), 42 U.S.C. 4011 et seq.
(14) "Forecast" means a description of the conditions,quantities, or values anticipated to occur at a designated future time.
(15) "Goals" means those goals stated in § 45-22.2-3.
(16) "Historic district" means one or more historic sites andintervening or surrounding property significantly affecting or affected by thequality and character of the historic site or sites, and has been registered,or is deemed eligible to be included, on the state register of historicalplaces pursuant to § 42-45-5.
(17) "Historic site" means any real property, man madestructure, natural object, or configuration or any portion or group of thepreceding which has been registered, or is deemed eligible to be included, onthe state register of historic places pursuant to § 42-45-5.
(18) "Improvement" means any man made, immovable item whichbecomes part of, placed upon, or is affixed to, real estate.
(19) "Land" means real property including improvements andfixtures on, above, or below the surface.
(20) "Land use regulation" means a rule or statute of generalapplication adopted by the municipal legislative body which controls, directs,or delineates allowable uses of land and the standards for these uses.
(21) "Local government" means any governmental agencyauthorized by this chapter to exercise the power granted by this chapter.
(22) "Low and moderate income housing" means housing asdefined in chapter 53 of this title as low and moderate income housing, or asnecessary in the context of implementing the purposes of the federal Low IncomePreservation and Resident Home Ownership Act of 1999 [12 U.S.C. §4113] housing as defined in the federal Low Income Preservation andResident Home Ownership Act of 1990 [12 U.S.C. § 4101 et seq.]and as may be amended for both the purposes of this chapter and any referenceto low and moderate income housing in relation to a comprehensive plan preparedand adopted pursuant to this chapter.
(23) "Municipal legislative body" means the town meeting in atown; the town council in a town or the city council in a city; or that part ofa municipal government that exercises legislative powers under a statute orcharter.
(24) "Municipal reviewing authority" means the municipalplanning board, or commission, or if none, the municipal officers.
(25) "Open space" means any parcel or area of land or waterset aside, dedicated, designated, or reserved for public or private use orenjoyment or for the use and enjoyment of owners and occupants of landadjoining or neighboring the open space; provided that the area may be improvedwith only those buildings, structures, streets, and off-street parking, andother improvements that are designed to be incidental to the natural opennessof the land.
(26) "Planning board" or "commission" means the bodyestablished by a municipality or combination of municipalities which has theresponsibility to prepare a comprehensive plan and make recommendationsconcerning that plan to the municipal legislative body.
(27) "Program" means the statewide planning programestablished by chapter 11 of title 42.
(28) "State guide plan" means goals, policies, and plans orplan elements for the physical, economic, and social development of the state,adopted by the state planning council in accordance with § 42-11-10.
(29) "State or regional agency" means, for the purposes ofthis chapter, any state agency, department, public authority, publiccorporation, organization, commission, or other governing body with regulatoryor other authority affecting the goals established either in this chapter orthe state guide plan. Pursuant to subsection 45-22.2-2(f), the definition ofstate and regional agency shall not be construed to supersede or diminish anyregulatory authority granted by state or federal statute.
(30) "Strategic plan for housing production andrehabilitation" means the state guide plan element promulgated and adopted asset forth in § 42-128-8.1.
(31) "Voluntary association of local governments" means twoor more municipalities who have joined together pursuant to a written agreementand pursuant to the authority granted under this chapter for the purpose ofdrafting a comprehensive land use plan and implementation program.
(32) "Wetland, coastal" means a salt marsh bordering on thetidal waters of this state and contiguous uplands extending no more than fifty(50) yards inland therefrom.
(33) "Wetland, freshwater" means a marsh, swamp, bog, pond,river, river or stream flood plain or bank; area subject to flooding or stormflowage; emergent or submergent plant community in any body of fresh water; orarea within fifty feet (50') of the edge of a bog, marsh, swamp, or pond, asdefined in § 2-1-20.
(34) "Zoning" means the reservation of certain specifiedareas within a community or city for building and structures, or use of land,for certain purposes with other limitations as height, lot coverage, and otherstipulated requirements.