§ 45-22.2-13. Compliance and implementation.
(a) The municipality is responsible for the administration and enforcement of the plan.
(b) All municipal land use decisions shall be in conformance with the locally adopted
municipal comprehensive plan subject to § 45-22.2-12(b).
(c) Each municipality shall amend its zoning ordinance and map to conform to the comprehensive
plan in accordance with the implementation program as required by § 45-22.2-6(b)(11) and § 45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan adoption shall remain
in force until amended. Except with respect to comprehensive plans that have failed
to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances where the zoning ordinance is in conflict with an adopted comprehensive
plan, the zoning ordinance in effect at the time of the comprehensive plan adoption
shall direct municipal land use decisions until such time as the zoning ordinance
is amended to achieve consistency with the comprehensive plan and its implementation
schedule. In instances of uncertainty in the internal construction or application
of any section of the zoning ordinance or map, the ordinance or map shall be construed
in a manner that will further the implementation of, and not be contrary to, the goals
and policies and applicable content of the adopted comprehensive plan.
(d) Limitations on land use applications, review, and approvals may be imposed according
to only the following provisions:
(1) Nothing in the chapter shall be deemed to preclude municipalities from imposing reasonable
limitations on the number of building permits or other land use approvals to be issued
at any time, provided such limitations are consistent with the municipality's comprehensive
plan in accordance with this chapter and are based on a reasonable, rational assessment
of the municipality's sustainable capacity for growth. If such limitation is applied
to residential building permits, the limitation must be vital to protecting public
health and welfare and it must be demonstrated that there is no other means available
to protect public health and welfare given the need for additional housing units in
the community. No such limitation shall be applicable to applications submitted as
part of a comprehensive permit project under § 45-53-4 or units to be developed under inclusionary zoning.
(2) In the event of a dire emergency not reasonably foreseeable as part of the comprehensive
planning process, a municipality may impose a limitation on the number of building
permits or other land use approvals to be issued at any time, provided that such limitation
is reasonably necessary to alleviate the emergency and is limited to the time reasonably
necessary to alleviate the emergency, but in no event shall such limitation be in
place longer than one hundred twenty (120) days.
(e) A one-time moratorium, for the purpose of providing interim protection for a planned
future land use or uses, may be imposed during the twelve (12) months subsequent to
the adoption of the local comprehensive plan provided that a change to the zoning
ordinance and map has been identified and scheduled for implementation within twelve
(12) months of plan adoption. The moratorium shall be enacted as an ordinance and
may regulate, restrict, or prohibit any use, development, or subdivisions under the
following provisions:
(1) The moratorium is restricted to those areas identified on the map or maps as required
by § 45-22.2-6(b)(2)(iii).
(2) A notice of the moratorium must be provided by first class mail to property owners
affected by said moratorium at least fourteen (14) days in advance of the public hearing.
(3) The ordinance shall specify:
(i) The purpose of the moratorium;
(ii) The date it shall take effect and the date it shall end;
(iii) The area covered by the moratorium; and
(iv) The regulations, restrictions, or prohibitions established by the moratorium.
(4) The moratorium may be extended up to an additional ninety (90) days if necessary to
complete a zoning ordinance and map change provided that: (i) The public hearing as
required by § 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration
of good cause. Said extension shall not be deemed as non-conformance to the implementation
schedule.
(f) A moratorium enacted under the provisions of subsection (e) of this section shall
not apply to state agencies until such time that the municipal comprehensive plan
receives approval from the chief or superior court.
(g) For a moratorium enacted under the provisions of subsection (e) of this section, in
the event a municipality fails to amend its zoning ordinance and map to conform to
the comprehensive plan within the implementation schedule, or by the expiration of
the moratorium period, a municipality must amend either their implementation schedule
or, if the future land use is no longer desirable or feasible, amend the future land
use map.
(1) Failure to comply with this provision within one hundred twenty (120) days of the
date of the implementation schedule or the expiration of the moratorium period shall
result in the denial or rescission, in whole or in part, of state approval of the
comprehensive plan and of all benefits and incentives conditioned on state approval.
(2) An implementation schedule amended under this provision shall not be eligible for
an additional moratorium as provided for in subsection (e) of this section.
(h) For any moratorium related to the submission, review, or approval of any land use
application for residential housing development, other than that covered by subsection
(e) of this section, such moratorium must be vital to protecting public health and
welfare and it must be demonstrated that there is no other means available to protect
public health and welfare given the need for additional housing units in the community.
No such limitation shall be applicable to applications submitted as part of a comprehensive
permit project under § 45-53-4, or units to be developed under inclusionary zoning. The proposal for such moratorium
shall be advertised in a newspaper of local circulation at least fourteen (14) days
in advance of the hearing and shall be posted on the municipal website for the fourteen
(14) days in advance of the hearing on the same. A moratorium under this provision
shall not last for longer than one hundred twenty (120) days. A moratorium under this
provision must include a vesting provision that vests all applications that are substantially
complete at the time of the enactment of the moratorium.