§ 45-22.2-8. Preparation, adoption, and amendments of comprehensive plans.
(a) The preparation of a comprehensive plan shall be conducted according to the following
provisions in addition to any other provision that may be required by law:
(1) In addition to the duties established by chapter 22 of this title, local planning
board or commission, to the extent that those provisions do not conflict with the
requirements of this chapter, a planning board or commission has the sole responsibility
for performing all those acts necessary to prepare a comprehensive plan for a municipality.
(2) Municipalities that choose to conduct joint planning and regulatory programs pursuant
to this section shall designate and establish a local planning committee that has
responsibility for the comprehensive planning program.
(3) The conduct of the planning board, commission, or the local planning committee shall
include:
(i) Preparation of the comprehensive plan, including the implementation program component.
(ii) Citizen participation through the dissemination of information to the public and solicitation
of both written and oral comments during the preparation of the plan.
(iii) Conducting a minimum of one public hearing.
(iv) Submission of recommendations to the municipal legislative body regarding the adoption
of the plan or amendment.
(4) The municipality may enter into a formal written agreement with the chief to conduct
a review of a draft plan or amendment in order to provide comments prior to the public
hearing by the planning board, commission, or committee.
(b) The adoption or amendment of a comprehensive plan shall be conducted according to
the following provisions in addition to any other provision that may be required by
law:
(1) Prior to the adoption or amendment of a comprehensive plan, the city or town council
shall first conduct a minimum of one public hearing.
(2) A comprehensive plan is adopted, for the purpose of conforming municipal land use
decisions and for the purpose of being transmitted to the chief for state review,
when it has been incorporated by reference into the municipal code of ordinances by
the legislative body of the municipality. All ordinances dealing with the adoption
of or amendment to a municipal comprehensive plan shall contain language stating that
the comprehensive plan ordinance or amendment shall not become effective for the purposes
of guiding state agency actions until it is approved by the State of Rhode Island
pursuant to the methods stated in this chapter, or pursuant to any rules and regulations
adopted pursuant to this chapter. The comprehensive plan of a municipality shall not
take effect for purposes of guiding state agency actions until approved by the chief
or the Rhode Island superior court.
(3) A municipality may not amend its comprehensive plan more than four (4) times in any
one calendar year. Amendments that are required to address the findings of the chief,
changes to the state guide plan, changes to this act, or changes which allow for an
increase in new housing units shall not be included under this provision.
(c) The intent of this section is to provide for the dissemination and discussion of proposals
and alternatives to the proposed comprehensive plan by means of either individual
or joint legislative and planning commission hearings which disseminate information
to the public and which seek both written and oral comments from the public. Public
hearing requirements for either joint hearings or for individual hearings of the planning
board or commission and for the municipal legislative body shall include the following:
(1) Prior to the adoption of, or amendment to, a comprehensive plan, notice shall be given
of the public hearing by publication of notice in a newspaper of local circulation
within the city or town at least once each week for three (3) successive weeks prior
to the date of the hearing, which may include the week in which the hearing is to
be held, at which hearing opportunity shall be given to all persons interested to
be heard. The same notice shall be posted in the town or city clerk's office and one
other municipal building in the municipality and the municipality must make the notice
accessible on the municipal home page of its website at least fourteen (14) days prior
to the hearing. The notice shall be mailed to the statewide planning program of the
department of administration at least fourteen (14) days prior to the hearing. The
notice shall:
(i) Specify the place of the hearing and the date and time of its commencement;
(ii) Indicate that adoption of, or amendment to, the comprehensive plan is under consideration;
(iii) Contain a statement of the proposed amendments to the comprehensive plan that may
be printed once in its entirety, or summarize and describe the matter under consideration;
the plan need not be published in its entirety;
(iv) Advise those interested where and when a copy of the matter under consideration may
be obtained or examined and copied; and
(v) State that the plan or amendment may be altered or amended prior to the close of the
public hearing without further advertising, as a result of further study or because
of the views expressed at the public hearing. Any alteration or amendment must be
presented for comment in the course of the hearing.