§ 45-23-29 - Legislative findings and intent.
SECTION 45-23-29
§ 45-23-29 Legislative findings andintent. – (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 LandUse Regulation Act and the Rhode Island Zoning Enabling Act of 1991,respectively, present findings and goals with which local regulations must beconsistent.
(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(1) The subdivision enabling statutes contained in§§ 45-23-1 through 45-23-24, hereby repealed as of December 31, 1995,have been enacted in a series of separate actions over many years and do notprovide for all the elements presently necessary for proper municipal reviewand approval of land development and subdivision projects;
(2) The character of land development and subdivision, andthe related public and private services, have changed substantially in recentyears;
(3) The responsibilities of the local governments inregulating land development and subdivision have changed, increased incomplexity, and expanded to include additional areas of concern;
(4) State and federal laws increasingly require theinteraction of local land development regulatory authorities with those of thefederal and state agencies and adjacent municipalities;
(5) Not all instances of land development or subdivision aresufficiently reviewed prior to recording or construction, resulting inunwarranted environmental impacts, financial impacts on private individuals andcommunities, and inappropriate design;
(6) At present the cities and town throughout the state eachestablish their own procedures for review, approval, recording, and enforcementof land development and subdivision projects;
(7) It is necessary to provide for review and approval ofland development projects within the subdivision review and approvalprocedures, 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 andstandards for all land development projects and subdivisions be sufficientlydefinite to provide clear direction for development design and construction andto satisfy the requirements for due process for all applicants for developmentapproval.
(c) Therefore, it is the intent of the general assembly:
(1) That the land development and subdivision enablingauthority contained in this chapter provide all cities and towns with theability to adequately address the present and future needs of the communities;
(2) That the land development and subdivision enablingauthority contained in this chapter require each city and town to develop landdevelopment and subdivision regulations in accordance with the communitycomprehensive plan, capital improvement plan, and zoning ordinance and toensure the consistency of all local development regulations;
(3) That certain local procedures for review and approval ofland development and subdivision are the same in every city and town;
(4) That the local procedure for integrating the approvals ofstate regulatory agencies into the local review and approval process for landdevelopment and subdivision is the same in every city and town; and
(5) That all proposed land developments and subdivisions arereviewed by local officials, following a standard process, prior to recordingin local land evidence records.