§ 45-22.2-9 - State review of local comprehensive plans.
SECTION 45-22.2-9
§ 45-22.2-9 State review of localcomprehensive plans. – (a) There is established a program of comprehensive planning review to promotethe preparation and implementation of local comprehensive plans, and to providetechnical and financial assistance to accomplish this purpose. The program alsoensures that all local comprehensive plans and state guide plans are consistentwith the state goals, findings, and intent as established by this chapter.
(b) The director is designated as the reviewing agent, andthe director is responsible for carrying out the provisions of this chapter andensuring that the findings, intent, and goals of this chapter are achieved. Thedirector shall publish guidelines for the preparation of comprehensive planelements required by § 45-22.2-6.
(c) The director shall review any comprehensive plan oramendments adopted under the provisions of this chapter, submitted to thedirector, for consistency with the goals and intent established in the chapterand in the state guide plan, and in accordance with the following schedule:
(1) Comprehensive plans or amendments shall be submitted tothe director within thirty (30) days of adoption by the municipal legislativebody, pursuant to § 45-22.2-8(c).
(2) Within fifteen (15) days of the receipt of acomprehensive plan the director shall give public notice of the initiation ofreview, and shall solicit comments from regional and state agencies, allmunicipalities contiguous to the municipality submitting the plan, update, oramendment, and from interested parties. The comment period shall extend forthirty (30) days after the public notice.
(3) Review of the plan, update, or amendment, and comments bythe director shall be completed and forwarded to the municipality as follows:
(i) Within one hundred twenty (120) days of the end of thecomment period for new plans, amended plans, or other amendments if any three(3) or more of the plan elements required by § 45-22.2-6 are revised inany way, as compared to any plan or amendment previously submitted under thischapter; or
(ii) Within thirty (30) days of the end of the comment periodfor amended plans or other amendments that revise not more than two (2) of theplan elements required by § 45-22.2-6, as compared to any plan oramendment previously submitted under this chapter.
(iii) The director and the division of planning areauthorized to discuss and negotiate, with the municipality, concerning anyaspect of a plan or amendment being reviewed under subdivision (3)(i) or(3)(ii) of this subsection.
(iv) The director and the municipality submitting a plan,amended plan, or other amendment may mutually agree, in writing, to reduce orextend the review period established by this section.
(4) Municipalities shall correct any deficiencies reported bythe director within sixty (60) days of the receipt of the director's review andcomments provided that the director and the municipality submitting a plan,amended plan, or other amendment may mutually agree, in writing, to reduce orextend this period.
(5) The director shall review all corrections and relatedmaterial submitted by the municipality and render a final decision on the plan,update, or amendment or parts of the plan within thirty (30) days of the end ofthe period for correction. In the event of disapproval, the director shallissue findings specifically describing the deficiencies in the plan oramendment as it relates to the goals and other provisions of this chapter.
(6) The review process stated in subdivisions (1) through (5)of this subsection shall be carried out within a maximum time period of twohundred fifty-five (255) days under subdivision (3)(i), one hundred sixty-five(165) days under subdivision (3)(ii), or the appropriate maximum perioddetermined under subdivision (3)(iv) or (4).
(7) The municipality may appeal the decision of the directorto the comprehensive plan appeals board. The appeal must be made within fifteen(15) days of the decision by the director. The comprehensive plan appeals boardshall hold a hearing on the appeal, make findings of fact, and affirm, modify,or reverse the director's decision. The board shall render its decision withinsixty (60) days of receipt of the appeal. The municipality or director mayappeal the decision of the board to the supreme court. The appeal must be madewithin thirty (30) days of the board's decision.
(8) Upon approval by the director, the municipality iseligible for all benefits and incentives conditioned on adoption of an approvedcomprehensive plan pursuant to this chapter, and the municipality is allowed tosubmit the approved comprehensive plan or element to any state agency whichrequires the submission of a plan as part of its requirements, and the plan orelement shall satisfy that requirement.
(d) Comprehensive plans, updates, and amendments shall bereviewed by the director to insure that the following requirements are compliedwith:
(1) The goals of this chapter have been met.
(2) All required elements as stated in § 45-22.2-6 arecomplete; provided, however, that the state review and approval of affordablehousing plans submitted to conform with the provisions of chapter 53 of thistitle shall not be contingent on requirements for adopting and/or updatingoverall comprehensive plans or the elements thereof.
(3) All plans are consistent with the state guide plan, andembody the goals and policies of the state and its departments and agencies.
(4) All plans comply with rules and regulations adopted bythe state planning council as provided for by § 45-22.2-10(b).
(e) The director shall also review comprehensive plans andamendments and related documents to insure that the following procedures havebeen complied with:
(1) The planning board or commission is designated to conductcomprehensive planning.
(2) If comprehensive planning is conducted jointly by two (2)or more municipalities, that an agreement containing all required informationhas been executed by all parties and filed with the division of planning.
(3) Each plan encompasses the entire land and water areawithin the jurisdiction of the municipality or municipalities concerned.
(4) Adequate, uniform, and valid data have been used inpreparing each plan.
(5) Each plan has been coordinated with contiguousmunicipalities.
(6) The public has been involved in preparation of the plan,and hearings have been conducted by both the planning board or commission andthe legislative body.
(7) The plan has been officially adopted in accordance withthis chapter and other applicable procedures.
(8) The plan has been submitted for review in accordance withstatutory deadlines.
(9) Amendments are made no more frequently than permitted by§ 45-22.2-12(c)); provided, however, that the initial adoption ofamendments by a municipality in order to comply with the requirements of anupdated or new state guide plan element as provided for in § 45-22.2-10(f)shall not be included in determining the frequency of amendments by amunicipality.