R.I. Gen. Laws § 45-50-13 — RI Code / Title 45 / Chapter 45-50 / Section 45-50-13
§ 45-50-13. Eminent domain proceedings.
Status: in_force

(a) The authority has the right to acquire any land, or any interest in it, including development rights, by the exercise of the power of eminent domain, whenever it is determined by the authority that the acquisition of the land, or interest, is necessary for the construction or the operation of any project.

(1)(i) The power of eminent domain shall be exercised only within the boundaries of the city or town whose council established the authority, except that any authority in existence on the effective date of this chapter shall have the power to acquire, by exercise of eminent domain, only the development rights, except as stated in subsection (a) (5), in the land described in the tax assessors plats for the towns of Foster, Scituate, Johnston, and Glocester, as of February 14, 1989, for the purpose of protecting the water supply as follows:

(ii) That certain land situated in the town of Foster delineated as Foster tax assessors lot 47, plat 15 consisting of 32 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 147, plat 17 consisting of 5.6 acres, more or less; that certain land situated in the town of Scituate described as Scituate tax assessors lot 60, plat 20 consisting of 5.8 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 5, plat 42 consisting of 12 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessors lot 5, plat 57 consisting of 3.9 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessors lot 58, plat 57 consisting of .7 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessors lot 6, plat 57 consisting of .4 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessors lot 7, plat 57 consisting of .4 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 52, plat 15 consisting of 80 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 41A, plat 12 consisting of 9.8 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 1, plat 38 consisting of 67 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 4, plat 42 consisting of 10.7 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 251, plat 49 consisting of 129 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 3, plat 47 consisting of 29.6 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 41, plat 41 consisting of 140 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessors lot 17, plat 57 consisting of 45 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessors lot 20, plat 59 consisting of 55 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 15, plat 47 consisting of 9 acres, more or less; that certain land situated in the town of Glocester delineated as Glocester tax assessors lot 164, plat 18 consisting of 211.7 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 31, plat 21 consisting of 22 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 14, plat 37 consisting of 15 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 49, plat 15 consisting of 4.5 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 35, plat 14 consisting of 57 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 1, plat 37 consisting of 16 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 5, plat 11 consisting of 33.8 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 34A, plat 9 consisting of 20 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 47, plat 51 consisting of 10 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 42, plat 12 consisting of .3 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 82, plat 49 consisting of 10 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 41, plat 12 consisting of 8 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 16, plat 37 consisting of 10 acres more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 83, plat 49 consisting of 20 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 46, plat 9 consisting of 40 acres, more or less; that certain land situated in the town of Glocester delineated as Glocester tax assessors lot 162, plat 18 consisting of 50.6 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 15, plat 37 consisting of 15 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 29, plat 52 consisting of .2 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 37, plat 17 consisting of 29 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 11, plat 38 consisting of 17 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 42A, plat 12 consisting of .4 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 53, plat 20 consisting of 9 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 30, plat 52 consisting of .2 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessors lot 81, plat 49 consisting of 73 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessors lot 48A, plat 15 consisting of 15.5 acres, more or less;

and that certain land situated in the town of Foster delineated as Foster tax assessors lot 48, plat 15 consisting of 28.9 acres, more or less, for the purpose of protecting the public water supply.

(2) In addition to the powers previously granted, any authority in existence on July 7, 1989 has the power to acquire by exercise of eminent domain the land, or any interest in it, described as that certain land situated in the town of Scituate delineated as Scituate tax assessors lots 45, 48, 49, 60, 61, 62, and 63, plat 51 consisting of 542.11 acres, more or less, and commonly known as the Joslin Farm for the purpose of protecting the water supply.

(3) Notwithstanding the preceding, in the event that the authority ceases to use any land or development rights acquired by exercise of eminent domain, pursuant to subsections (a) (1) or (a) (2), for the purpose of protecting the public water supply, the authority shall notify by certified mail return receipt requested, the original owner of the parcel or his or her lawful heirs, and the original owner or his or her lawful heirs shall have a right to recover the land or development rights. The land or development rights shall revert to the original owner or his or her heirs upon the payment of an amount equal to the price originally paid to the owner plus simple interest at the rate of six percent (6%) per annum (or any other purchase price that is mutually agreed upon between the parties) of the property or the development rights. Any transfer of the land or development rights to the city whose city council established a need for an authority or any department, commission, board, or agency of the city shall not constitute a cessation of the use of the land or development rights for purposes of protecting the water supply.

(4)(i) For the purposes of this section, the term development rights means the rights to:

(A) Prohibit the ability of the fee owner to act on or with respect to or regarding uses of a land or water area; or

(B) Require the performance by the fee owner of acts on or with respect to or regarding uses of a land or water area, which prohibition or requirement retains or maintains the land or water area in its natural condition or any other condition that is consistent with the protection of environmental quality or provides the public with the benefit of the unique features of the land or water area, provided, that development rights will not be construed to deprive the original owner, his or her successors or assigns, of the right to continue to use the land for agricultural purposes so long as that use conforms to acceptable agricultural practices as established by the department of the environment and/or the United States soil conservation service.

(ii) Development rights may also have any meaning as may be mutually agreed upon by the fee owner and the authority in any contract, agreement, deed to development rights, or proceeding before the authority. The proceeding shall be initiated by a fee owners filing a petition before the authority and/or any lessee or successor agency seeking permission to use the land or water area for development. The authority has sixty (60) days to determine if the activity described in the petition endangers the environmental quality of the land or water area. Upon a finding of no danger to the environmental quality of the land or water area, the authority shall grant the petition; provided, if no finding is made within sixty (60) days the petition is deemed approved.

(5) In the event the authority has initiated condemnation proceedings for development rights, the original affected owner may notify the authority and the superior court of his or her request that the authority take a fee simple interest in the land. Upon notification, the authority has the power to acquire the land in fee simple by the exercise of the power of eminent domain and shall exercise power to acquire a fee simple interest in the land.

(6)(i) Prior to the authoritys taking the actions described in subsections (b) through (h), for the purposes of this section, fair market value of the property or development rights are determined as follows:

(ii) Each party (the authority and the landowner) shall appoint one appraiser (who shall be a qualified member of the American institute of real estate appraisers, the society of real estate appraisers, the American society of farm managers and rural appraisers, the international association of assessing officers, the national society of real estate appraisers, the national society of independent fee appraisers, the American society of appraisers or the international right of way association, or any successor organization). Each appraiser shall, within twenty (20) business days of his or her appointment, arrive at an independent determination of the fair market value of the property. If the difference between the two (2) appraisals as so determined does not exceed ten percent (10%) of the lesser of the two (2) appraisals, then the fair market value is deemed to be an amount equal to fifty percent (50%) of the sum of the two (2) appraisals. If the difference between the appraisals exceeds ten percent (10%) of the lesser appraisal, then the two (2) appraisers have ten (10) calendar days within which to appoint a third appraiser, who shall, within twenty (20) calendar days, make his or her own independent determination of the fair market value of the property. All three (3) appraisals shall then be compared and the appraisal which differs most in dollar amount from the other two (2) appraisals shall be excluded from consideration, and the fair market value of the property shall be deemed to be fifty percent (50%) of the sum of the remaining two (2) appraisals. The authority shall make an offer to purchase the property or rights in property based upon the fair market value, which offer shall remain open for thirty (30) days or until the time the offer is accepted or rejected. If the offer of the authority is rejected, the authority may proceed with condemnation proceedings within ten (10) days.

(b) The necessity for acquisition is conclusively presumed upon the adoption by the authority of a resolution declaring that the acquisition of the land, or interest in it, described in the resolution is necessary for the construction or operation of any project. Within six (6) months of the adoption of a resolution, the authority shall cause to be filed, in the land evidence records of the city or town in which the land is located, a copy of the resolution of the authority, together with a plat of the land, or interest in it described, and a statement, signed by the chairperson of the authority, that the land, or interest in it, is taken pursuant to the provisions of this chapter. Thereupon, the authority shall file, in the superior court in and for the county in which the land, or interest in it, lies, a statement of the sum of money estimated by the authority to be just compensation for the land taken.

(c) Upon the filing of the copy of the resolution, plat, and statement in the land evidence records of the city or town, the filing, in the superior court, of the statement, and the depositing in the superior court, to the use of the person entitled to it, of a sum that the court determines to be amply sufficient to satisfy the claims of all persons interested in the land (and the court may, in its discretion, take evidence on the questions to determine the sum to be deposited), title to the land, or interest in it, vests in the authority in fee simple absolute, and the authority may take possession of the land, or interest in it.

(d) No sum paid into the court shall be charged with clerks fees of any nature. After the filing of the copy, plat, and statement, notice of the taking of the land, or interest in it, shall be served upon the owners of, and persons having an estate in and interested in the land, by the sheriff or the sheriff s deputies of the county in which the land, or interest in it, lies, leaving a true and attested copy of the description and statement with each of the persons personally, or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode in this state occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the land, or interest in it, taken of the absent persons if the persons are known to the officer; and after the filing of the resolution, plat, and statement, the secretary of the authority shall cause a copy of the resolution and statement to be published in some newspaper published or having general circulation in the county where the land, or interest in it, may be located, at least once a week for three (3) successive weeks. If any person agrees with the authority for the price of land, or interest in it taken, the court, upon the application of the parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensation to be awarded in the proceeding.

(e) Any owner of or person entitled to any estate in or interested in any part of the land, or interest in it, taken, who cannot agree with the authority for the price of the land, or interest in it, taken, in which he or she is interested, may, within three (3) months after personal notice of the taking, or, if he or she has no personal notice, within one year from the first publication of the copy of the resolution and statement, apply, by petition, to the superior court in and for the county in which the land, or interest in it, lies, setting forth the taking of his or her land or interest in it, and praying for an assessment of damages by a jury. Upon filing of the petition, the court shall cause twenty (20) days notice of the pendency of the petition to be given to the authority with a certified copy, and may proceed after the notice to the trial; and the trial shall determine all questions of fact relating to the value of the land, or interest in it, and the amount, and judgment shall be entered upon the verdict of the jury, and execution shall be issued against the money so deposited in court and in default against any other property of the authority. In case two (2) or more conflicting petitioners make claim to the same land, or to any interests in it, or to different interests in the same parcel of land, the court, upon motion, shall consolidate their several petitions for trial at the same time by the same jury, and may frame all necessary issues for the trial; and all proceedings taken pursuant to the provisions of this chapter shall take precedence over all other civil matters then pending before the court, or if the superior court, in and for the county in which the land, or interest in it, lies, is not in session in that county, then the proceedings may be heard in the superior court for the counties of Providence and Bristol.

(f) If any lands, or interests in them, in which any minor, or other person not capable in law to act in his or her own behalf, is interested are taken by the authority under the provisions of this chapter, the superior court, upon the filing in the court of any petition by or in behalf of the minor or other person, may appoint a guardian ad litem for the minor or other person, and the guardian may appear and be heard in behalf of the minor or other person; and the guardian may also, with the advice and consent of the superior court and upon any terms that the superior court may prescribe, release to the authority all claims for damages for the lands of the minor or other person or for any interest in them. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of any minor or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of any minor or other person, may, before the filing of any petition, agree with the authority upon the amount of damages suffered by the minor or other person by any taking of his or her lands or of his or her interests in any lands, and may, upon receiving that amount, release to the authority all claims of damages of the minor or other person for the taking.

(g) Whenever, from time to time, the authority has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons interested in the land, the court may order that the amount of any excess including any interest or increment on any sums so deposited be repaid to the authority. Whenever the authority has satisfied the court that the claims of all persons interested in the land taken have been satisfied, the unexpended balance, including any interest or increment on any sums deposited, shall be paid immediately to the authority.

(h) In any proceedings for the assessment of compensation and damages for land or interest in it taken, or to be taken by eminent domain by the authority, the following provisions are applicable:

(1) At any time during the pendency of any action or proceeding, the authority or an owner may apply to the court for an order directing an owner or the authority, as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon that application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.

(2) If any of the land, or interest in it, is devoted to a public use, it may nevertheless be acquired, and the taking shall be effective, provided, that no land, or interest in it, belonging to a public utilities administrator or other officer or tribunal having regulatory power over such a corporation is taken. Any land, or interest in it, already acquired by the authority may, nevertheless, be included within the taking for the purpose of acquiring any outstanding interests in the land.
R.I. Gen. Laws § 45-55-14 — RI Code / Title 45 / Chapter 45-55 / Section 45-55-14
§ 45-55-14. Staff consultants.
Status: in_force

The procurement of the service of an attorney, physician or dentist by a municipality, is exempt from the provisions of this chapter.
R.I. Gen. Laws § 45-32-5 — RI Code / Title 45 / Chapter 45-32 / Section 45-32-5
§ 45-32-5. Corporate powers of agencies.
Status: in_force

(a) Each redevelopment agency constitutes a public body, corporate and politic, exercising public and essential governmental functions, and has all the powers necessary and convenient to carry out and effectuate the purposes and provisions of chapters 31  33 of this title, including the powers enumerated in this section in addition to others granted by these chapters:

(1) To sue and be sued; to borrow money; to compromise and settle claims; to have a seal; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(2) To make, and, from time to time, amend and repeal bylaws, rules, and regulations, consistent with chapters 31  33 of this title, to carry into effect the powers and purposes of these chapters.

(3) To select and appoint officers, agents, counsel, and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation.

(4) Within the redevelopment area or for purposes of redevelopment: to purchase, lease, obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, or any estate or interest in it, together with any improvements on it; to acquire by the exercise of the power of eminent domain any real property or any estate or interest in it, although temporarily not required to achieve the purposes of chapters 31  33 of this title; to clear, demolish, or remove any and all buildings, structures, or other improvements from any real property so acquired; to rehabilitate or otherwise improve any or all substandard buildings, structures, or other improvements; to insure or provide for the insurance of any real or personal property or operations of the agency against risk or hazard; and to rent, maintain, rehabilitate, improve, manage, operate, repair, and clear the property.

(5) To develop as a building site or sites any real property owned or acquired by it.

(6) To cause streets and highways to be laid out and graded, and pavements or other road surfacing, sidewalks, and curbs, public utilities of every kind, parks, playgrounds, and other recreational areas, off-street parking areas and other public improvements to be constructed and installed.

(7) To prepare or have prepared all plans necessary for the redevelopment of blighted and substandard areas; with the consent and approval of the community planning commission, to carry on and perform, for and on behalf of the commission, all or any part of the planning activities and functions within the community; to undertake and perform, for the community, industrial, commercial, and family relocation services; to obtain appraisals and title searches; to make investigations, studies, and surveys of physical, economic, and social conditions and trends pertaining to a community; to develop, test, and report methods and techniques and carry out research and other activities for the prevention and the elimination of blighted and substandard conditions and to apply for, accept, and utilize grants of funds from the federal government and other sources for those purposes; and to enter upon any building or property in any redevelopment area in order to make investigations, studies, and surveys, and, in the event entry is denied or resisted, an agency may petition the superior court in and for the county in which the land lies for an order for this purpose. Upon the filing of a petition, due notice of it shall be served on the person denying or resisting entry, and after a hearing on the petition, the court shall enter an order granting or denying the petition.

(8) To undertake technical assistance to property owners and other private persons to encourage, implement, and facilitate voluntary improvement of real property.

(9) To undertake and carry out code enforcement projects pursuant to the provisions of appropriate federal legislation.

(10) To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; and to purchase its bonds at a price not more than the principal amount and accrued interest, all bonds so purchased to be cancelled.

(11) To lend money, and to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber (by mortgage, deed of trust, or otherwise), or otherwise dispose of any real or personal property or any estate or interest in it acquired under the provisions of chapters 31  33 of this title, to the United States, the state government, any state public body, or any private corporation, firm, or individual at its fair value for uses in accordance with the redevelopment plan, irrespective of the cost of acquiring and preparing the property for redevelopment. In determining the fair value of the property for uses in accordance with the redevelopment plan, the agency shall take into account, and give consideration to, the uses and purposes required by the plan, the restrictions upon, and the obligations assumed by the purchaser or lessee of the property, and the objectives of the redevelopment plan for the prevention of the recurrence of blighted and substandard conditions. Any lease or sale of the property may be made without public bidding, provided that no sale or lease is made until at least ten (10) days after the legislative body of the community has received from the agency a report concerning the proposed sale or lease.

(12) To obligate the purchaser or lessee of any real or personal property or any estate or interest in it to:

(i) Use the property only for the purpose and in the manner stated in the redevelopment plan;

(ii) Begin and complete the construction or rehabilitation of any structure or improvement within a period of time that the agency fixes as reasonable; and

(iii) Comply with other conditions that, in the opinion of the agency are necessary to prevent the recurrence of blighted and substandard conditions and otherwise to carry out the purposes of chapters 31  33 of this title. The agency, by contractual provisions, may make any of the purchasers or lessees obligations, covenants, or conditions running with the land, and may provide that, upon breach thereof, the fee reverts to the agency.

(13) To exercise all or any part or combination of the powers granted in this chapter.

(14) To construct new buildings for residential, recreational, commercial, industrial, institutional, public, or other uses contemplated by the redevelopment plan.

(15) To grant or loan any redevelopment project revenues, or other revenues, including the proceeds of any issue of bonds or notes issued pursuant to this chapter to an individual or any nonprofit organization or governmental or quasi-governmental entity or private enterprise, in order to finance the cost of any portion of a redevelopment project authorized pursuant to chapters 31 through 33 of this title, including, without limiting the generality of the foregoing, the cost of acquiring land for, and constructing or rehabilitating, furnishing and equipping residential, commercial, industrial, institutional, public, or recreational facilities, within a redevelopment area, or to loan bond or note proceeds in order to refinance any such loans.

(16) To retain a master developer for all or any portion of a project. Any master developer position shall be subject to advertising and solicitation of applicants shall be approved at a duly posted public meeting of the agency.

(b) [Deleted by P.L. 2019, ch. 118, § 3 and P.L. 2019, ch. 143, § 3].
R.I. Gen. Laws § 45-60-3 — RI Code / Title 45 / Chapter 45-60 / Section 45-60-3
§ 45-60-3. General powers and duties of the board.
Status: in_force

(a) The board shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limitation, those general powers provided to a nonprofit corporation and including, without limiting the generality of the foregoing, the power to:

(1) Upon application from an eligible applicant in a form prescribed by the board, provide funding in the form of grants, loans, loan guarantees, lines of credit, rental assistance or any other means determined to further the goals of the trust for eligible activities;

(2) Enter into cooperative agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this state or town to carry out the purposes of this chapter;

(3) Purchase, sell, build, develop or restore real estate, the objective of which is to create affordable year-round and seasonal housing in perpetuity;

(4) Sell property to eligible applicants, such property may be deed-restricted such that affordability will remain in perpetuity;

(5) Rent or lease real estate the board may own or lease from others;

(6) Solicit bequests and accept donations;

(7) The selling to or renting/leasing to applicants will be done in accordance with the provisions of the Rhode Island Fair Housing Practices Act, chapter 37 of title 34;

(8) Collect taxes on behalf of the town of New Shoreham from those owners engaged in the business of renting, leasing, letting, or granting a license to use any seasonal rental in accordance with §§ 45-60-6 and 45-60-7, and the taxes so imposed shall be in addition to all other taxes imposed by law.

(b) The board shall adopt reasonable rules and regulations governing the conduct of trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this chapter. All rules and regulations of the trust are subject to the approval of the town council.

(c) All meetings of the housing board shall be open to the public except that this provision shall not be deemed to prevent holding of executive sessions, provided all votes are taken in public or closed meeting with recorded vote taken in accordance with chapter 46 of title 42, the Rhode Island open meetings law.
R.I. Gen. Laws § 45-64-2 — RI Code / Title 45 / Chapter 45-64 / Section 45-64-2
§ 45-64-2. Adoption of implementing provisions.
Status: in_force

Each city and town and fire district may, by ordinance, define the person or persons, firm, corporation, partnership, individual, assignee, trustee, or other person upon whom a charge is assessed, and may adopt any other ordinances, rules, or regulations that may be necessary to carry out the provisions of this chapter, and may impose a penalty or penalties for any violation of the ordinance, rule or regulation.
R.I. Gen. Laws § 45-2-35 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-35
§ 45-2-35. Town of New Shoreham  Landing fee.
Status: in_force

The town of New Shoreham is hereby authorized to charge, assess, or otherwise collect a one dollar ($1.00) landing fee on each passenger over the age of twelve (12) arriving on Block Island by public or private boat. All fees collected less expenses of collection shall be utilized by the town of New Shoreham to promote the health, safety, and welfare of all passengers, including, but not limited to, emergency medical services; acquisition of property to support tourism related activities; to construct and maintain tourism support facilities; and to establish a fund to assist the town of New Shoreham in resolving problems which may arise due to growth in the tourism industry. The town may enter into agreements with any common carrier serving the town of New Shoreham and any operator of a marina in the town of New Shoreham authorizing the carrier or marina operator to collect the landing fee on behalf of the town of New Shoreham. The agreement may provide for the payment of a fee by the town for the carrier or marina operator and the indemnification of the carrier or marina operator from and against any liability to, or claim of liability by third parties, arising from collection of the landing fee. Any common carrier may collect the landing fee on behalf of the town of New Shoreham by including the amount of the fee in its rate and charge to passengers without the necessity of approval of the landing fee from the public utilities commission or the division of public utilities and carriers under title 39. The landing fee authorized by this chapter does not apply to any persons receiving free transportation from a public utility under § 39-2-5. The town council of the town of New Shoreham shall promulgate rules and regulations to implement the provisions of this section.
R.I. Gen. Laws § 45-67-11 — RI Code / Title 45 / Chapter 45-67 / Section 45-67-11
§ 45-67-11. Bonds.
Status: in_force

(a) The utility district shall have the power, and is hereby authorized, from time to time, to issue its negotiable bonds for any of its corporate or district purposes and to secure the payment of the bonds in such manner and by such means as may be provided in the resolution or resolutions of the utility district authorizing the bonds, subject to the regulatory jurisdiction of the division of public utilities and carriers in the manner prescribed in § 39-3-15, where applicable.

(b) The utility district is specifically authorized to secure bonds that it may issue from time to time by a pledge of, or creation of other security interest in, the revenues of the utility district, which pledge or security interest may be enforceable by the grant of a conditional franchise, in the event of default in the payment of the bonds, entitling the secured party or trustee to enter upon and take control of the utility districts facilities and service and to provide utility service and receive the revenues from the utility districts facilities and service for such period, not exceeding twenty (20) years, as may be necessary to recover all payments due on the bonds.

(c) The bonds of the utility district shall be authorized by resolution of the board of utility commissioners. The bonds shall bear such date or dates, mature at such time or times not exceeding forty (40) years from their issuance, bear interest at such rate or rates payable at such time or times, be in such denominations and in such form, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and such time or times and be subject to redemption at such premium, if required, and on such terms, as the resolution may provide. The bonds so authorized and issued pursuant to this chapter may be sold at public or private sale for any price or prices that the utility district shall determine.

(d) Pending the issuance of bonds in definitive form, the utility district may issue bond anticipation notes or interim receipts in such form as the board of utility commissioners may elect.

(e) The utility district is hereby authorized to provide for the issuance of refunding bonds of the utility district for the purpose of refunding any bonds or notes then outstanding that shall have been issued under the provisions of this chapter, including the payment of any redemption premium on the bonds or interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the bonds and, if deemed advisable by the utility district, for the additional purpose of paying all or a part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any property, facilities, or systems, or parts of property, facilities or systems, of the utility district. The proceeds of bond or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the utility district, to the purchase, retirement at maturity or redemption of outstanding bonds or notes either on their earliest or a subsequent redemption date and may, pending that application, be placed in escrow in the same manner and through the same means as are generally available to and incumbent upon political subdivisions of the state.

(f) It is hereby declared that the utility district and the carrying out of its corporate purposes is, in all respects, for the benefit of the people of the state and for the improvement of their health, welfare, and prosperity, and the utility district will be performing an essential governmental function in the exercise of the powers conferred by this chapter. The state therefore covenants with the holders of the utility districts bonds that the utility district shall not be required to pay taxes or payments in lieu of taxes to the state or any other political subdivision of the state upon any property of the utility district or under its jurisdiction, control, or supervision, or upon any of the utility districts activities in the operation or maintenance of the property, or upon any earnings, revenues, monies or other income derived by the utility district, and that the bonds of the utility district and the income from the bonds shall at all times be exempt from taxation by the state and its political subdivisions. Notwithstanding the foregoing, nothing in this section shall be deemed to prohibit the division of public utilities and carriers, the public utilities commission, and the department of attorney general from assessing the utility in accordance with the provisions of §§ 39-1-23, 39-1-26, 39-19-9 and 39-19-14, if applicable.

(g) Any resolution or resolutions authorizing any bond, or any issue of bonds, may contain provisions that shall be a part of the contract with the bondholders of the bonds thereby authorized, as to:

(1) Pledging all or any part of the money, earnings, income, and revenues derived from all or any part of the property of the utility district to secure the payment of any bonds or of any issue of bonds subject to such agreements with bondholders as may then exist;

(2) The rates to be fixed and the charges to be collected and the amounts to be raised in each year and the use and disposition of the earnings and other revenue;

(3) The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;

(4) Limitations on the right of the utility district to restrict and regulate the use of the properties in connection with which the bonds are issued;

(5) Limitations on the purposes to which the proceeds of sale of any issue of bonds may be put;

(6) Limitations on the issuance of additional bonds, including refunding bonds and the terms upon which additional bonds may be issued and secured;

(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the percentage of bondholders whose consent shall be required for such amendment or abrogation, and the manner in which consent may be given;

(8) The creation of special funds into which any earnings or revenues of the utility district may be deposited, and the investment of the funds;

(9) The appointment of a fiscal agent and the determination of its powers and duties;

(10) Limitations on the power of the utility district to sell or otherwise dispose of its properties;

(11) The preparation of annual budgets by the authority and the employment of consultants and auditors;

(12) The rights and remedies of bondholders in the event of failure on the part of the utility district to perform any covenant or agreement relating to a bond indenture;

(13) Covenanting that, as long as any bonds are outstanding, the utility district shall use its best efforts to establish and maintain its rates and charges at levels adequate at all times to pay and provide for all operating expenses of the utility district, all payments of principal, redemption premium (if any), and interest on bonds, notes, or other evidences of indebtedness incurred or assumed by the utility district, all renewals, repairs and replacements to the property and facilities of the utility district, and all other amounts that the utility district may be required by law to pay; and

(14) Any other matters of like or different character that in any way affect the security or protection of the bonds.

(h) The bonds of the utility district are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations (including savings and loan associations), building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whomsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities that may be deposited with, and shall be received by, all public officers and bodies of this state, and all municipalities and municipal subdivisions, for any purpose for which the deposit of bonds or other obligations of this state is now or may thereafter be required.
R.I. Gen. Laws § 45-18-3 — RI Code / Title 45 / Chapter 45-18 / Section 45-18-3
§ 45-18-3. Special laws authorizing appropriations.
Status: in_force

Nothing contained in this chapter shall be construed to confer the power of appropriating funds for the purpose previously mentioned upon any city or town where specific authority for a similar purpose has been otherwise given by law.
R.I. Gen. Laws § 45-32-42 — RI Code / Title 45 / Chapter 45-32 / Section 45-32-42
§ 45-32-42. Cooperation by public bodies.
Status: in_force

(a) For the purpose of further aiding and cooperating in any redevelopment project of an agency, any state public body may, upon terms, with or without consideration, as it may determine:

(1) Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges in it to an agency;

(2) Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;

(3) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan public streets or ways or other public places which it is otherwise empowered to undertake;

(4) Plan or replan, zone or rezone, any part of the area within the jurisdiction of the state public body; and make exceptions and variances from building and zoning regulations and ordinances;

(5) Cause services to be furnished to the agency of the character which the state public body is otherwise empowered to furnish;

(6) Enter into agreements with respect to the exercise by the state public body of its powers relating to the repair, closing, or demolition of unsafe, unsanitary, or unfit dwellings;

(7) Incur the entire expense of any public improvements made by the state public body in exercising the powers granted in this section;

(8) Lend, grant, or contribute funds to a redevelopment agency, or enter into agreement with the redevelopment agency or other public body, to furnish funds or other assistance; and

(9) Do any and all things necessary or convenient to aid and co-operate in the redevelopment of a redevelopment area.

(b) Any sale, conveyance, lease, or agreement provided for in this section may be made by a state public body without appraisal, public notice, advertisement, or public bidding.
R.I. Gen. Laws § 45-10-15 — RI Code / Title 45 / Chapter 45-10 / Section 45-10-15
§ 45-10-15. Compliance with requirements of governmental accounting standards board (GASB) pension funding.
Status: in_force

For any audit year in which a municipality contributes materially less than 100% of the annual required contribution to its pension plan(s) as reported in accordance with GASB statement 27 or any successor statement, the municipality shall submit to the auditor general and the director of revenue, within three (3) months of completion of the financial statement, the municipalitys most recent actuarial study of the plan(s) and managements recommendations for assuring future payments equal to the annual pension cost (APC).
R.I. Gen. Laws § 45-59-23 — RI Code / Title 45 / Chapter 45-59 / Section 45-59-23
§ 45-59-23. Exemption from taxation.
Status: in_force

(a) Any notes or other obligations issued by any district management authority, their transfer and the income from the notes or obligations (including any profits made on the sale of the notes or obligations), will at all times be free from taxation by the state or any political subdivision or other instrumentality of the state.

(b) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state and of the municipalities within which the district management authorities will undertake their activities, the increase of their commerce, welfare and prosperity and for the improvement of their health and living conditions and will constitute the performance of essential governmental functions and the district management authorities will not be required to pay any real or personal property taxes or assessments upon or in respect of any property owned by them levied by any municipality or other political subdivision of the state.
R.I. Gen. Laws § 45-56-5 — RI Code / Title 45 / Chapter 45-56 / Section 45-56-5
§ 45-56-5. Board of commissioners of district  Contract awards.
Status: in_force

The ordinance establishing the downtown center special services district shall provide that the business of the district shall be conducted by a board of commissioners, and by any agents that the ordinance may authorize them to designate, and the ordinance shall further provide the number, qualifications and manner of election of the commissioners. All orders or contracts for expenditures by the board on behalf of the downtown center special services district which are greater than five thousand dollars ($5,000) shall be awarded to the lowest responsible qualified bidder only after a public invitation to bid, which shall be advertised in a newspaper having circulation in the downtown center special services district.
R.I. Gen. Laws § 45-3-15 — RI Code / Title 45 / Chapter 45-3 / Section 45-3-15
§ 45-3-15. Selection of moderator.
Status: in_force

At the annual or biennial town meeting of each town, there shall be chosen a moderator to preside in all the town meetings until the moderators successor is elected and qualified.
R.I. Gen. Laws § 45-14-6 — RI Code / Title 45 / Chapter 45-14 / Section 45-14-6
§ 45-14-6. Agreements as to sewage disposal.
Status: in_force

This chapter shall not impair any existing or future agreements between any city or town, with reference to sewage disposal.
R.I. Gen. Laws § 45-19-12.1 — RI Code / Title 45 / Chapter 45-19 / Section 45-19-12.1
§ 45-19-12.1. Tuition to children of deceased or disabled fire fighters.
Status: in_force

(a) If an active member of the fire force of a city or town or crash rescue crew persons of the state of Rhode Island is killed or dies or becomes totally and permanently disabled from injuries received while in the performance of his or her duty as a member, or dies of a performance-related heart condition, or dies of performance-related respiratory ailments, or dies of any conditions derived from performance-related hypertension or dies as a victim of homicide while still a member while not in the performance of his or her duty as a member, there shall be paid, out of the general fund of the state of Rhode Island, the charges for the tuition of children of the deceased or totally and permanently disabled fire fighters. The benefits shall be extended to the children who are attending, or may attend, the University of Rhode Island, Rhode Island College, or any other college or university operated by the state; provided, that the child has entered the institution while between the ages of sixteen (16) and twenty-one (21); and provided, further, that the aid granted in this section is available to the child for a period of time that equals the normal time for completing the courses regularly offered by the institution, but in no case more than four (4) years.

(b) For the purposes of this section, the words members of fire force mean and include any member of a fire force or crash rescue crew persons of any city or town regularly employed at a fixed salary or wage; this includes auxiliary and volunteer fire fighters and crash rescue crew persons of any city, town, or state fire fighting department.

(c) In the instance of a member who dies as a victim of homicide while still a member while not in the performance of his or her duty as a member, each and every benefit of this section shall be available to the children commencing from the date of the homicide.
R.I. Gen. Laws § 45-13-9.1 — RI Code / Title 45 / Chapter 45-13 / Section 45-13-9.1
§ 45-13-9.1. Future mandates.
Status: in_force

No mandate shall be enacted or promulgated after July 1, 2006, unless the body enacting or promulgating the same shall first, after public hearing, determine the cost of the proposed mandate to the city, town or school districts of the state. Any rule, regulation or policy adopted by state departments, agencies or quasi-state departments or agencies which require any new expenditure of money or increased expenditure of money by a city, town or school district shall take effect on July 1 of the calendar year following the year of adoption. Provided, however, should funding be provided for the said expenditure, then such rule, regulation or policy shall take effect upon adoption.
R.I. Gen. Laws § 45-54-1 — RI Code / Title 45 / Chapter 45-54 / Section 45-54-1
§ 45-54-1. Corporations created.
Status: in_force

(a) For the purposes stated in this chapter there is incorporated in each city and town a body corporate and politic which shall be known as the municipal detention facility corporation of the municipality. The corporation is a public corporation, which is an instrumentality and agency of the municipality, but has a distinct legal existence from the municipality, and which has purposes that are consistent with the declaration of purpose set out in this chapter, and which has powers that are necessary and incidental to the effectuation of the stated purposes.

(b) The corporation of any city or town shall not have the authority to transact any business or exercise any powers under this chapter until the city or town council shall by resolution declare that there is a need for the corporation to function in the city or town.

(c) The corporation of each city or town shall cease to exist unless the city or town council passes the resolution specified in subsection (b) prior to December 31, 1991, the corporation of the municipality has entered into a contract for the operation of a detention facility with the United States Marshals Service prior to December 31, 1991, and the site of the detention facility has received all necessary zoning approvals by December 31, 1991.
R.I. Gen. Laws § 45-23-32 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-32
§ 45-23-32. Definitions.
Status: reserved

Where words or phrases used in this chapter are defined in the definitions section of either the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts. Additional words and phrases may be defined in local ordinances, regulations, and rules under this act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling in all local ordinances, regulations, and rules created under this chapter. In addition, the following words and phrases have the following meanings:

(1) Administrative officer. The municipal official(s) designated by the local regulations to administer the land development and subdivision regulations to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff, and state agencies as set forth herein. The administrative officer may be a member, or the chair, of the planning board, an employee of the municipal planning or zoning departments, or an appointed official of the municipality. See § 45-23-55.

(2) Board of appeal. The local review authority for appeals of actions of the administrative officer, which shall be the local zoning board of review constituted as the board of appeal. See § 45-23-57.

(3) Bond. See improvement guarantee.

(4) Buildable lot. A lot where construction for the use(s) permitted on the site under the local zoning ordinance is considered practicable by the planning board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state, and local regulations. See § 45-23-60(a)(4).

(5) Certificate of completeness. A notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of the municipalitys regulations, and that the applicant may proceed with the review process.

(6) Concept plan. A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the project within the approval process.

(7) Consistency with the comprehensive plan. A requirement of all local land use regulations which means that all these regulations and subsequent actions are in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the comprehensive community plan as specified in § 45-22.2-3.

(8) Dedication, fee-in-lieu-of. Payments of cash that are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which the payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47.

(9) Development plan review. Design or site plan review of a development of a permitted use. A municipality may utilize development plan review under limited circumstances to encourage development to comply with design and/or performance standards of the community under specific and objective guidelines, for the following categories of developments:

(i) A change in use at the property where no extensive construction of improvements is sought;

(ii) An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought;

(iii) An adaptive reuse project located in a residential zone that results in less than nine (9) residential units;

(iv) Development in a designated urban or growth center; or

(v) Institutional development for educational or hospital facilities.

(vi) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.]

(10) Development regulation. Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control, or any other governmental regulation of the use and development of land.

(11) Division of land. A subdivision.

(12) Environmental constraints. Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also physical constraints to development.

(13) Final plan. The final stage of land development and subdivision review or a formal development plan review application. See §§ 45-23-38, 45-23-39, and 45-23-50.

(14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the planning board and any accompanying material as described in the communitys regulations and/or required by the planning board.

(15) Floor area, gross. See R.I. State Building Code.

(16) Governing body. The body of the local government, generally the city or town council, having the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.

(17) Improvement. Any natural or built item that becomes part of, is placed upon, or is affixed to, real estate.

(18) Improvement guarantee. A security instrument accepted by a municipality to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the municipality as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See § 45-23-46.

(19) Land development project. A project in which one or more lots, tracts, or parcels of land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including but not limited to, planned development or cluster development for residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations shall include all requirements, procedures, and standards necessary for proper review and approval of land development projects to ensure consistency with this chapter and the Rhode Island zoning enabling act.

(i) Minor land development project . A land development project involving any one of the following categories which has not otherwise been specifically designated by local ordinance as development plan review:

(A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, manufacturing, or industrial development, or less; or

(B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand (10,000) square feet for commercial, manufacturing, or industrial structures; or

(C) Mixed-use development consisting of up to six (6) dwelling units and two thousand five hundred (2,500) gross square feet of commercial space or less; or

(D) Multi-family residential or residential condominium development of nine (9) units or less; or

(E) Change in use at the property where no extensive construction of improvements is sought; or

(F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought; or

(G) An adaptive reuse project located in a residential zone that results in less than nine (9) residential units.

A community can increase but not decrease the thresholds for minor land development set forth above if specifically set forth in the local ordinance and/or regulations. The process by which minor land development projects are reviewed by the local planning board, commission, technical review committee, and/or administrative officer is set forth in § 45-23-38.

(ii) Major land development project. A land development project that exceeds the thresholds for a minor land development project as set forth in this section and local ordinance or regulation. The process by which major land development projects are reviewed by the local planning board, commission, technical review committee, or administrative officer is set forth in § 45-23-39.

(20) Local regulations. The land development and subdivision review regulations adopted under the provisions of this act. For purposes of clarification, throughout this act, where reference is made to local regulations, it is to be understood as the land development and subdivision review regulations and all related ordinances and rules properly adopted pursuant to this chapter.

(21) Maintenance guarantee. Any security instrument that may be required and accepted by a municipality to ensure that necessary improvements will function as required for a specific period of time. See improvement guarantee.

(22) Master plan. An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or major subdivision review only. It is the first formal review step of the major land development or major subdivision process and the step in the process in which the public hearing is held. See § 45-23-39.

(23) Modification of requirements. See § 45-23-62.

(24) Parcel. A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.

(25) Parking area or lot. All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading, and unloading.

(26) Permitting authority. The local agency of government, meaning any board, commission, or administrative officer specifically empowered by state enabling law and local regulation or ordinance to hear and decide on specific matters pertaining to local land use.

(27) Phased development. Development, usually for large-scale projects, where construction of public and/or private improvements proceeds by sections subsequent to approval of a master plan for the entire site. See § 45-23-48.

(28) Physical constraints to development. Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also environmental constraints.

(29) Planning board. The official planning agency of a municipality, whether designated as the plan commission, planning commission, plan board, or as otherwise known.

(30) Plat. A drawing or drawings of a land development or subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information as specified in the local regulations.

(31) Pre-application conference. An initial meeting between developers and municipal representatives that affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others. See § 45-23-35.

(32) Preliminary plan. A required stage of land development and subdivision review that generally requires detailed engineered drawings. See § 45-23-39.

(33) Public hearing . A hearing before the planning board that is duly noticed in accordance with § 45-23-42 and that allows public comment. A public hearing is not required for an application or stage of approval unless otherwise stated in this chapter.

(34) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

(35) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface of the ground.

(36) Storm water detention. A provision for storage of storm water runoff and the controlled release of the runoff during and after a flood or storm.

(37) Storm water retention. A provision for storage of storm water runoff.

(38) Street. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See street classification.

(39) Street, access to. An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

(40) Street, alley. A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

(41) Street, cul-de-sac. A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

(42) Street, limited access highway. A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at the points and in the manner as may be determined by the public authority having jurisdiction over the highway.

(43) Street, private. A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition does not apply to driveways.

(44) Street, public. All public property reserved or dedicated for street traffic.

(45) Street, stub. A portion of a street reserved to provide access to future development, which may provide for utility connections.

(46) Street classification. A method of roadway organization that identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use, and the design character of neighborhoods and districts. Local classifications use the following as major categories:

(i) Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.

(ii) Collector. A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.

(iii) Local. Streets whose primary function is to provide access to abutting properties.

(47) Subdivider. Any person who: (i) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (ii) Directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, site, unit, or plat in a subdivision; or who (iii) Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

(48) Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines is considered a subdivision.

(i) Administrative subdivision. Subdivision of existing lots that yields no additional lots for development, and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process by which an administrative officer or municipal planning board or commission reviews any subdivision qualifying for this review is set forth in § 45-23-37.

(ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots and a subdivision creating ten (10) or more buildable lots on an existing improved public street. The process by which a municipal planning board, commission, technical review committee, and/or administrative officer reviews a minor subdivision is set forth in § 45-23-38. Minor subdivisions shall include oversized lot subdivisions. Oversized lot subdivision  Subdivision of an existing lot:

(A) Which results in the creation of a vacant lot or lots for residential use; and

(B) Which resulting vacant residential lots are equal to or greater in lot area than the lot area of at least fifty percent (50%) of the developed residential lots within two hundred feet (200²) of the lot proposed for subdivision, as confirmed by a professional land surveyor based on a compilation plan, as such term is defined by the rules and regulations for professional land surveying; and

(C) Which resulting residential lots have access to available sewer and water, or have demonstrated the ability to drill a private well meeting state standards if no public water is available and/or the suitability and setbacks required for an on-site wastewater treatment system, where no public sewer is available; and

(D) The resulting lots are not less than three thousand square feet (3,000 ft2) in lot size for each.

A lot, qualifying for this type of subdivision shall be reviewed under the requirements and procedures set forth in § 45-23-38, but shall not require zoning relief solely based on the resulting reduced lot area of the newly created lots. The resulting subdivided lots shall have the benefit of reduced requirements as set forth in § 45-24-38, and/or are eligible for the processes set forth in § 45-24-46, as applicable.

(iii) Major subdivision. A subdivision creating ten (10) or more buildable lots where a street extension or street creation is required. The process by which a municipal planning board or commission reviews any subdivision qualifying for this review under § 45-23-39.

(49) Technical review committee. A committee or committees appointed by the municipality for the purpose of reviewing, commenting, approving, and/or making recommendations to the planning board or administrative officer, as set forth in this chapter.

(50) Temporary improvement. Improvements built and maintained by a developer during construction of a development project and prior to release of the improvement guarantee, but not intended to be permanent.

(51) Vested rights . The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project.

(52) Waiver of requirements. See § 45-23-62.
R.I. Gen. Laws § 45-67-9 — RI Code / Title 45 / Chapter 45-67 / Section 45-67-9
§ 45-67-9. Limitation of powers.
Status: in_force

All services provided by the utility district that constitute public utility services within the meaning of § 39-1-2 shall be subject to the applicable jurisdictions of the public utilities commission and the division of public utilities and carriers.
R.I. Gen. Laws § 45-19-6 — RI Code / Title 45 / Chapter 45-19 / Section 45-19-6
§ 45-19-6. Compensation of fund members.
Status: in_force

Members of the board shall not be compensated for their service on the board.
R.I. Gen. Laws § 45-44-4 — RI Code / Title 45 / Chapter 45-44 / Section 45-44-4
§ 45-44-4. Conditions required by applicant.
Status: in_force

Homestead program property will be offered to qualified applicants at no initial cost on a conditional deed basis provided that the applicant:

(1) Is at least eighteen (18) years of age and is the head of a family.

(2) Is a citizen of the United States or a registered alien.

(3) Proves financial ability to rehabilitate and exhibits know-how to rehabilitate an existing dwelling or construct a new dwelling, as the case might be.

(4) Has contractually agreed to rehabilitate or construct on, as the case might be, the parcel assigned to him or her, and further agrees to:

(i) Bring the assigned parcel up to city or town housing standards within eighteen (18) months after assignment of the parcels to him or her; and

(ii) Permit periodic inspections by the city or town, but not more often than once during any three (3)-month period, for a determination by the city or town of whether reasonable and satisfactory progress is being made by the applicant in rehabilitating or constructing on the parcel assigned to him or her; and

(iii) Surrender and quit the assigned parcel in a condition at least equal to that when first assigned upon thirty (30) days notice by the city or town when, as a result of a periodic inspection, that city or town determines that the applicant has become unable or unwilling to proceed reasonably or satisfactorily towards fulfilling the objectives and conditions of this chapter; and

(d) Live in, occupy, and maintain, as a single, two- (2), or three (3)-family dwelling up to city or town housing standards, the parcel assigned to him or her for a period of not less than three (3) years.
R.I. Gen. Laws § 45-54-18 — RI Code / Title 45 / Chapter 45-54 / Section 45-54-18
§ 45-54-18. Use of projects.
Status: in_force

The use of the facilities of the corporation and the operation of its business are subject to the rules and regulations from time to time adopted by the corporation; provided, that the corporation is not authorized to do anything which will impair the security of the holders of the obligations of the corporation or violate any agreements with them or for their benefit.
R.I. Gen. Laws § 45-19-4 — RI Code / Title 45 / Chapter 45-19 / Section 45-19-4
§ 45-19-4. Annuities to dependents of deceased police officers and appropriations to nondependent parents of police officers.
Status: in_force

(a) If an active or retired member of the police force of a city or town is killed or dies from injuries received while in the performance of his or her duty as a member, or dies of a heart condition or any condition derived from hypertension while still a member, there shall be paid out of the police officers relief fund of Rhode Island to the following dependents of the deceased person, the following sums of money:

(1) To the widow or widower or domestic partner an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable in the number of regular installments determined by the board and continuing as long as he or she remains unmarried or not in a domestic partnership and commencing with the date of death but not more than six (6) months prior to the date of filing of the petition by the widow or widower or domestic partner; provided, that if the member died more than six (6) months prior to the filing of the petition then the payments are to commence no sooner than six (6) months prior to the date of petition;

(2) An additional annuity of twelve hundred dollars ($1,200) a year, payable in the number of regular installments determined by the board, for each child of the deceased person during the time that the child is under the age of eighteen (18) years, or over the age and physically or mentally incapacitated from earning. If there is any child and no widow or widower or domestic partner or the widow or widower or domestic partner dies later, the sum and the annuity that would have been payable to the widow or widower or domestic partner had there been one or had he or she lived, to or for the benefit of the child or of the children, in equal shares, during the time previously stated;

(3) If there is any child and the widow or widower or domestic partner remarries or enters in a domestic partnership, in lieu of the previously stated annuity to him or her, an annuity not exceeding twelve hundred dollars ($1,200) to or for the benefit of each child during the time previously stated;

(4) If there is no widow or widower or domestic partner and no child the total sum of ten thousand dollars ($10,000) payable in a lump sum for the benefit of the father and/or mother of the deceased, if not dependent upon him or her for support at the time of his or her death; and

(5) If there is no widow or widower or domestic partner and no child, the sum of three thousand six hundred dollars ($3,600) payable in regular installments by the board of police officers relief to or for the benefit of the father or mother of the deceased, if dependent upon him or her for support at the time of his or her death, and commencing with the date of death but not more than six (6) months prior to the date of filing the petition; provided, that if the member died more than six (6) months prior to the filing of the petition then the payments are to commence no sooner than six (6) months prior to the date of the petition and continuing so long as the beneficiary is unable to support himself or herself and does not remarry or enter into a domestic partnership, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable in regular installments determined by the board. The amount of the annuity shall, from time to time, be determined within the limits previously stated by the board.

(b) For the purpose of this section the words police officer mean and include any active or retired member of the state police or the police of any city or town regularly employed at a fixed salary or wage.

(c) The provisions of this section apply in the case of any dependent receiving benefits in accordance with the provisions of this section as it was in effect prior to April 25, 1960.

(d) The provisions of this section apply in the case of any active or retired police officer who from and after January 1, 1935, was killed or died from injuries received while in the performance of duty, or dies of a heart condition or any condition derived from hypertension.

(e) The amount of the annuity shall not be reduced by reason of receipt of an annuity and/or other payments to any beneficiaries from any other source.

(f) Upon the death of a member, the police chief shall immediately notify the widow or widower or domestic partner of the member by registered or certified mail, return receipt requested, of the widow or widowers or domestic partners possible eligibility for benefits under this chapter and the time restriction for filing a claim for these benefits.

(g) For purposes of this chapter, domestic partner shall be defined as a person who, prior to the decedents death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:

(1) Both partners were at least eighteen (18) years of age and were mentally competent to contract;

(2) Neither partner was married to anyone else;

(3) Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;

(4) Partners resided together and had resided together for at least one year at the time of death; and

(5) Partners were financially interdependent as evidenced by at least two (2) of the following:

(i) Domestic partnership agreement or relationship contract;

(ii) Joint mortgage or joint ownership of primary residence;

(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or

(iv) The domestic partner had been designated as a beneficiary for the decedents will, retirement contract or life insurance.
R.I. Gen. Laws § 45-53-15 — RI Code / Title 45 / Chapter 45-53 / Section 45-53-15
§ 45-53-15. Annual reports.
Status: in_force

(a) The Rhode Island housing and mortgage finance corporation established pursuant to § 42-55-4 (the corporation) shall provide the annual reports pursuant to subsections (b) and (c) of this section to the speaker of the house, the president of the senate, the division of statewide planning, and the secretary of housing. Reports shall be made available on the corporations website for a period of at least three (3) years, and shall be deemed to be a public record. Reports shall be due on or before March 15, of each year, commencing in the calendar year 2023.

(b) Report on Rhode Island housing and mortgage finance corporation housing development and preservation activity. This report shall include the following information:

(1) The identity of projects that have been provided funding by the corporation for housing development or preservation and that closed on that financing by December 31 of the previous calendar year;

(2) The total aggregate of funds, in dollar amounts, that have been provided to projects by the corporation for housing development or preservation and that closed on that financing by December 31, of the previous calendar year, as well as those amounts disaggregated by each project; and

(3) The number of housing units that received funding from the corporation for housing development or preservation that received a certificate of occupancy in the previous calendar year, both in total and disaggregated by project.

(c) Report on tax payments made by affordable housing developments to municipalities pursuant to § 44-5-13.11. This report shall include data aggregated by all the municipalities and disaggregated by each individual municipality on the total amount of fees collected in the previous calendar year by municipalities on any assessment and taxation made pursuant to § 44-5-13.11.

(d) With regard to the report in subsection (c) of this section, all municipalities in the state shall annually submit to the corporation by January 15, of each year, the total amount of fees collected in the previous calendar year by the municipality on any assessment and taxation made pursuant to § 44-5-13.11 disaggregated by individual development.
R.I. Gen. Laws § 45-58-11 — RI Code / Title 45 / Chapter 45-58 / Section 45-58-11
§ 45-58-11. Bonds.
Status: in_force

(a) The utility district shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of its corporate or district purposes and to secure the payment of the bonds in such manner and by such means as may be provided in the resolution or resolutions of the utility district authorizing the bonds, subject to the regulatory jurisdiction of the division of public utilities and carriers in the manner prescribed in § 39-3-15, where applicable.

(b) The utility district is specifically authorized to secure bonds that it may issue from time to time by a pledge of, or creation of other security interest in, the revenues of the utility district, which pledge or security interest may be enforceable by the grant of a conditional franchise, in the event of default in the payment of the bonds, entitling the secured party or trustee to enter upon and take control of the utility districts facilities and service and to provide utility service and receive the revenues from the utility districts facilities and service for such period, not exceeding twenty (20) years, as may be necessary to recover all payments due on the bonds.

(c) The bonds of the utility district shall be authorized by resolution of the board of utility commissioners. The bonds shall bear such date or dates, mature at such time or times not exceeding forty (40) years from their issuance, bear interest at such rate or rates payable at such time or times, be in such denominations and in such form, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and such time or times and be subject to redemption at such premium, if required, and on such terms, as the resolution may provide. The bonds so authorized and issued pursuant to this chapter may be sold at public or private sale for any price or prices that the utility district shall determine.

(d) Pending the issuance of bonds in definitive form, the utility district may issue bond anticipation notes or interim receipts in such form as the board of utility commissioners may elect.

(e) The utility district is hereby authorized to provide for the issuance of refunding bonds of the utility district for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium on the bonds or interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity of the bonds and, if deemed advisable by the utility district, for the additional purpose of paying all or a part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any property, facilities or systems or parts of property facilities or systems of the utility district. The proceeds of bond or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the utility district, to the purchase, retirement at maturity or redemption of outstanding bonds or notes either on their earliest or a subsequent redemption date and may, pending that application, be placed in escrow in the same manner and through the same means as are generally available to and incumbent upon political subdivisions of the state.

(f) It is hereby declared that the utility district and the carrying out of its corporate, district and political subdivision purposes is in all respects for the benefit of the people of the state and for the improvement of their health, welfare and prosperity, and the utility district will be performing an essential governmental function in the exercise of the powers conferred by this chapter. The state therefore covenants with the holders of the utility districts bonds that the utility district shall not be required to pay taxes or payments in lieu of taxes to the state or any other political subdivision of the state upon any property of the utility district or under its jurisdiction, control or supervision, or upon any of the utility districts activities in the operation or maintenance of the property or upon any earnings, revenues, moneys or other income derived by the utility district, and that the bonds of the utility district and the income from the bonds shall at all times be exempt from taxation by the state and its political subdivisions. Notwithstanding the foregoing, nothing in this section shall be deemed to prohibit the division of public utilities and carriers, the public utilities commission and the department of attorney general from assessing the utility in accordance with the provisions of §§ 39-1-23, 39-1-26, 39-19-9 and 39-19-14.

(g) The state does hereby pledge to and agree with the holders of the bonds, notes or other indebtedness of the utility district that the state will not limit or alter the rights vested in the utility district until the bonds, notes or other evidence of indebtedness, together with the interest on the debt, are fully met and discharged.

(h) Any resolution or resolutions authorizing any bond, or any issue of bonds, may contain provisions which shall be a part of the contract with the bondholders of the bonds thereby authorized, as to:

(1) Pledging all or any part of the money, earnings, income, and revenues derived from all or any part of the property of the utility district to secure the payment of any bonds or of any issue of bonds subject to such agreements with bondholders as may then exist;

(2) The rates to be fixed and the charges to be collected and the amounts to be raised in each year and the use and disposition of the earnings and other revenue;

(3) The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;

(4) Limitations on the right of the utility district to restrict and regulate the use of the properties in connection with which the bonds are issued;

(5) Limitations on the purposes to which the proceeds of sale of any issue of bonds may be put;

(6) Limitations on the issuance of additional bonds, including refunding bonds and the terms upon which additional bonds may be issued and secured;

(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the percentage of bondholders whose consent shall be required for such amendment or abrogation, and the manner in which consent may be given;

(8) The creation of special funds into which any earnings or revenues of the utility district may be deposited, and the investment of the funds;

(9) The appointment of a fiscal agent and the determination of its powers and duties;

(10) Limitations on the power of the utility district to sell or otherwise dispose of its properties;

(11) The preparation of annual budgets by the authority and the employment of consultants and auditors;

(12) The rights and remedies of bondholders in the event of failure on the part of the utility district to perform any covenant or agreement relating to a bond indenture;

(13) Covenanting that as long as any bonds are outstanding the utility district shall use its best efforts to establish and maintain its rates and charges at levels adequate at all times to pay and provide for all operating expenses of the utility district, all payments of principal, redemption premium (if any), and interest on bonds, notes or other evidences of indebtedness incurred or assumed by the utility district, all renewals, repairs and replacements to the property and facilities of the utility district, and all other amounts which the utility district may be required by law to pay; and

(14) Any other matters of like or different character which in any way affect the security or protection of the bonds.

(i) The bonds of the utility district are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations (including savings and loan associations), building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whomsoever, who are now or may thereafter be authorized to invest in bonds or other obligation of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this state, and all municipalities and municipal subdivisions, for any purpose for which the deposit of bonds or other obligations of this state is now or may thereafter be required.
R.I. Gen. Laws § 45-53-12 — RI Code / Title 45 / Chapter 45-53 / Section 45-53-12
§ 45-53-12. Annual report.
Status: in_force

(a) [Deleted by P.L. 2025, ch. 156, § 1, P.L. 2025, ch. 157, § 1, and P.L. 2025, ch. 278, art. 9, § 17.]

(b) The executive office of housing shall prepare a report (report) on an annual basis to the general assembly, the Rhode Island housing and mortgage finance corporation, and the division of statewide planning. The report required by this section shall be made available on the executive office of housing website for a period of at least three (3) years, and shall be deemed to be a public record. The report shall be due on or before April 15 of each year.

(c) The annual report required by this section shall contain the following information for the twelve-month (12) calendar period covered by the report commencing January 1, 2022, through December 31, 2022, and annually thereafter on an aggregated and disaggregated basis by each public housing authority:

(1) The amount of fees in lieu collected by each municipality from developers in lieu of development of low- and moderate-income housing as defined in § 45-24-46.1, the projects that were provided funding by the fees, the amounts allocated to the projects, and the number of units created. The information required by this subsection shall be provided by all municipalities directly to the executive office of housing.

(2) The amount of leasing potential as defined by the United States Department of Housing and Urban Development. The information required by this subsection shall be provided by all public housing authorities or agencies directly to the executive office of housing.

(3) The total number of vouchers received and utilized by all public housing authorities in the state during the preceding calendar year.

(4) The administrative fees received and utilized by the public housing authorities to administer the vouchers.

(d) As used herein, the term public housing authority and agency means and includes any public housing authority or agency established under chapter 25 of this title or chapter 26 of this title.
R.I. Gen. Laws § 45-15-14 — RI Code / Title 45 / Chapter 45-15 / Section 45-15-14
§ 45-15-14. Recovery by town from members of riotous assembly.
Status: in_force

Any town or city which pays any sum under the provisions of § 45-15-13, may recover that sum against any or all of the persons who have destroyed or injured the property.
R.I. Gen. Laws § 45-46-5 — RI Code / Title 45 / Chapter 45-46 / Section 45-46-5
§ 45-46-5. Model ordinance  Soil erosion and sediment control.
Status: in_force

(a) The (city or town) council finds that excessive quantities of soil are eroding from certain areas that are undergoing development for non agricultural uses such as housing developments, industrial areas, recreational facilities, and roads. This erosion makes necessary costly repairs to gullies, washed out fills, roads, and embankments. The resulting sediment clogs the storm sewers and road ditches, muddies streams, leaves deposits of silt in ponds and reservoirs, and is considered a major water pollutant.

(b) The purpose of this ordinance is to prevent soil erosion and sedimentation from occurring as a result of non agricultural development within the city or town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health, and general welfare of the city or town.

This ordinance is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the city or town of ____ after determination of applicability by the building official or his or her designee based upon criteria outlined in article III. Compliance with the requirements as described in this ordinance shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.

(a)(1) It is unlawful for any person to disturb any existing vegetation, grades, and contours of land in a manner which may increase the potential for soil erosion, without first applying for a determination of applicability from the building official or his or her designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the building official or his or her designee, as provided in article IV. The application for determination of applicability shall describe the location, nature, character, and time schedule of the proposed land disturbing activity in sufficient detail to allow the building official or his or her designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of the soil erosion and sediment control ordinance to a particular land disturbing activity, the building official or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the building official or his or her designee. A particular land disturbing activity shall not be subject to the requirements of this ordinance if the building official or his or her designee finds that erosion resulting from the land disturbing activity is insignificant and represents no threat to adjacent properties or to the quality of any coastal feature or watercourse, as defined in Article IX. The current Rhode Island Soil Erosion and Sediment Control Handbook, U.S. department of agriculture soil conservation service, R.I. department of environmental management, and R.I. state conservation committee shall be consulted in making this determination.

(2) This ordinance shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations.

(b) No determination of applicability is required for the following:

(1) Construction, alteration, or use of any additions to existing single family or duplex homes or related structures; provided, that the grounds coverage of addition is less than one thousand (1,000) square feet, and construction, alteration and use does not occur within one hundred (100²) feet of any watercourse or coastal feature, and the slopes at the site of land disturbance do not exceed ten percent (10%).

(2) Use of a home garden in association with onsite residential use.

(3) Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvacultural purposes.

(4) Excavations for improvements other than those described in subsection (b)(1) of this section which exhibit all of the following characteristics:

(i) Does not result in a total displacement of more than fifty (50) cubic yards of material;

(ii) Has no slopes steeper than ten feet (10²) vertical in one hundred feet (100²) horizontal or approximately ten percent (10%); and

(iii) Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.

(5) Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots; provided, that all bare surface is immediately seeded, sodded or otherwise protected from erosive actions, and all of the following conditions are met:

(i) The aggregate area of activity does not exceed two thousand (2,000) square feet; and

(ii) The change of elevation does not exceed two feet (2²) at any point; and

(iii) The grading does not involve a quantity of fill greater than eighteen (18) cubic yards; except where fill is excavated from another portion of the same parcel and the quantity does not exceed fifty (50) cubic yards.

(6) Grading, filling, removal, or excavation activities and operations undertaken by the city or town under the direction and supervision of the director of public works for work on streets, roads, or rights-of-ways dedicated to public use; provided, that adequate and acceptable erosion and sediment controls are incorporated, in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in Article V, Section 1(c) and the standards and definitions that may be adopted to implement the performance principles.

(a) Plan.(1) To obtain approval for a land disturbing activity as found applicable by the building official or his or her designee under article III, an applicant shall first file an erosion and sediment control plan signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in article V, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicants agent.

(2) R.I. Freshwater Wetlands Permit: Where any portion of a proposed development requires approval under any provision of the general laws approved by the general assembly or where the approval contains provisions for soil erosion and sediment controls, that approved plan shall be a component of the overall soil erosion and sediment control plan required under this ordinance for the development.

(b) Fees. The city or town adopting this ordinance may collect fair and reasonable fees from each applicant requesting approval of a soil erosion and sediment control plan for the purposes of administering this ordinance.

(c) Plan review.(1) Within five (5) working days of the receipt of a completed plan, the building official or his or her designee shall send a copy of the plan to the review authorities which may include the public works department, the planning board or planning department, and conservation commission for the purpose of review and comment. The building official or his or her designee may also, within five (5) working days, submit copies of the plan to other local departments or agencies, including the conservation district that services their county, in order to better achieve the purposes of this chapter. Failure of these review authorities to respond within twenty-one (21) days of their receipt of the plan shall be deemed as no objection to the plan as submitted.

(2) The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.

(d) Plan approval.(1) The building official or his or her designee shall take action in writing, either approving or disapproving the plan, with reasons stated within ten (10) days after the building official has received the written opinion of the review authorities.

(2) In approving a plan, the building official or his or her designee may attach conditions deemed reasonably necessary by the review authorities to further the purposes of this ordinance. The conditions pertaining to erosion and sediment control measures and/or devices, may include, but are not limited to, the erection of walls, drains, dams, and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing of the work. The applicant/owner shall notify the building inspector, or his or her designee, in advance of his or her intent to begin clearing and construction work described in the erosion and sediment control plan. The applicant shall have the erosion and sediment control plan on the site during grading and construction.

(e) Appeals.(1) Administrative procedures: (A) If the ruling made by the building official or his or her designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of plans for soil erosion and sediment control shall be to the zoning board of review or other appropriate board of review, as determined by the city or town council.

(B) Appeal procedures shall follow current requirements for appeal to the above-mentioned boards.

(C) During the period in which the request for appeal is filed, and until the time that a final decision is rendered on the appeal, the decision of the building official or his or her designee remains in effect.

(2) Expert opinion: The official, or his or her designee, the zoning board of review, or other board of review, may seek technical assistance on any soil erosion and sediment control plan. The expert opinion must be made available in the office of the building official, or his or her designee, as a public record prior to the appeals hearing.

(a) Plan preparation. The erosion and sediment control plan shall be prepared by a registered engineer, or landscape architect or a soil and water conservation society certified erosion and sediment control specialist, and copies of the plan shall be submitted to the building official or his or her designee.

(b) Plan contents. The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcels to form a clear basis for discussion and review and to assure compliance with all applicable requirements of this chapter. The plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current Rhode Island Soil Erosion and Sediment Control Handbook, prepared by the U.S. department of agriculture, soil conservation service, R.I. department of environmental management, R.I. state conservation committee, and at a minimum, shall contain:

(1) A narrative describing the proposed land disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps shall be provided as required by the building official or his or her designee.

(2) Construction drawings illustrating in detail existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, detail drawings of measures; stock piles and borrow areas; sequence and staging of land disturbing activities; and other information needed for construction.

(3) Other information or construction plans and details as deemed necessary by the building official or his or her designee for a thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of information may be reasons for the building official or his or her designee to judge the application as incomplete and providing grounds for disapproval of the application.

(c) Performance principles. The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined in this subsection, have been met in the design and are to be accomplished by the proposed development project.

(1) The site selected shall show due regard for natural drainage characteristics and topography.

(2) To the extent possible, steep slopes shall be avoided.

(3) The grade of created slopes shall be minimized.

(4) Post development runoff rates should not exceed pre development rates, consistent with other stormwater requirements which may be in effect. Any increase in storm runoff shall be retained and recharged as close as feasible to its place of origin by means of detention ponds or basins, seepage areas, subsurface drains, porous paving, or similar technique.

(5) Original boundaries, alignment, and slope of watercourses within the project locus shall be preserved to the greatest extent feasible.

(6) In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.

(7) All drainage provisions shall be of a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas which may be outside the locus of the project.

(8) Drainage facilities shall be installed as early as feasible during construction, prior to site clearance, if possible.

(9) Fill located adjacent to watercourses shall be suitably protected from erosion by means of riprap, gabions, retaining walls, vegetative stabilization, or similar measures.

(10) Temporary vegetation and/or mulching shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the non growing months, November through March.

(11) Permanent vegetation shall be placed immediately following fine grading.

(12) Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.

(13) All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.

(d) Existing uses and facilities.(1) The building official and/or his or her designee shall accept plans for existing uses and facilities which by their nature may cause erosion and sedimentation, such as excavation and quarrying operations; provided, that this section shall not apply to article III, section 1(a)(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of the section shall be submitted to the building official and/or his/her designee within one hundred twenty (120) days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.

(2) When the preexisting use is a gravel extraction operation, the property owner shall conduct the operation in a manner so as not to devalue abutting properties; to protect abutting property from wind erosion and soil erosion due to increased runoff, sedimentation of reservoirs, and drainage systems; and to limit the depth of extraction so as not to interfere with the existing nearby water table.

(a) Performance bond.(1) Before approving an erosion sediment control plan, the building official or his or her designee may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities, or other method of surety, as specified by the building official or his or her designee. When any land disturbing activity is to take place within one hundred feet (100²) of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of ten percent (10%), the filing of a performance bond shall be required. The amount of the bond, as determined by the public works department, or in its absence, the building official or his or her designee, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.

(2) The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the public works director and the city or town solicitor.

(3) A performance bond for an erosion sediment control plan for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirements of this ordinance.

(b) Notice of default on performance secured by bond.(1) Whenever the building official or his or her designee finds that a default has occurred in the performance of any terms or conditions of the bond or in the implementation of measures secured by the bond, written notice shall be made to the applicant and to the surety of the bond by the municipal solicitor. The notice shall state the nature of default, work to be done, the estimated cost, and the period of time deemed by the building official or his or her designee to be reasonably necessary for the completion of the work.

(2) Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means the institution, by the city or town solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond, to cause the required work to be completed by the city or town, by contract or by other appropriate means as determined by the city or town solicitor.

(c) Notice of default on performance secured by cash or negotiable securities deposit. If a cash or negotiable securities deposit has been posted by the applicant, notice and procedure are the same as provided for in subsection (b) of this section.

(d) Release from performance bond conditions. The performance bonding requirement shall remain in full force and effect for twelve (12) months following completion of the project, or longer if deemed necessary by the building official or his or her designee.

(a) Every approval granted in this ordinance shall expire at the end of the time period established in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.

(b) If the developer is unable to complete the work within the designated time period, he or she shall, at least thirty (30) days prior to the expiration date, submit a written request for an extension of time to the building official or his or her designee, stating the underlying reasons for the requested time extension. If the extension is warranted, the building official or his or her designee may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the building official.

Maintenance of all erosion sediment control devices under this ordinance shall be the responsibility of the owner. The erosion sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.

Neither approval of an erosion and sediment control plan nor compliance with any condition of this chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the city or town for damages to persons or property.

(a) Periodic inspections. The provisions of this ordinance shall be administered and enforced by the building official or his or her designee. All work shall be subject to periodic inspections by the building official, or his or her designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the building official or his or her designee, who shall maintain a permanent file on all of his or her inspections. Upon completion of the work, the developer or owner shall notify the building official or his or her designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this ordinance.

(b) Final inspection.(1) Upon notification of the completion by the owner, the building official or his or her designee shall make a final inspection of the site in question, and shall prepare a final summary inspection report of its findings which shall be retained in the department of inspections, and in the department of public works permanent inspections file.

(2) The applicant/owner may request the release of his or her performance bond from the building official or his or her designee twelve (12) months after the final site inspection has been completed and approved. In the instance where the performance bond has been posted with the recording of a final subdivision, the bond shall be released after the building official or his or her designee has been notified by the city or town planning director of successful completion of all plat improvements by the applicant/owner.

If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice from the building official or his or her designee to comply shall be transmitted by certified mail to the owner. The notice shall state the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as established in section 2(b) of this article. Failure to comply with the required corrections within the specified time limit is considered a violation of this ordinance, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with sections 1(b) and 1(c) of article VI.

(a) Revocation or suspension of approval. The approval of an erosion and sediment control plan under this chapter may be revoked or suspended by the building official and all work on the project halted for an indefinite time period by the building official after written notification is transmitted by the building official to the developer for one or more of the following reasons:

(1) Violation of any condition of the approved plan, or specifications pertaining to it;

(2) Violation of any provision of this ordinance or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and

(3) The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this ordinance.

(b) Other penalties. In addition, whenever there is a failure to comply with the provisions of this ordinance, the city or town has the right to notify the applicant/owner that he or she has five (5) days from the receipt of notice to temporarily correct the violations and thirty (30) days from receipt of notice to permanently correct the violations. Should the applicant owner fail to take the temporary corrective measures within the five (5) day period and the permanent corrective measures within the thirty (30) day period, the city or town then has the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded with the records of land evidence of the municipality, and the lien does incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this ordinance, including revocation of the performance bond or assessment of a lien on the property by the city or town.

(c) In addition to any other penalties provided in this section, a city or town is authorized and empowered to provide by local ordinance for penalties and/or fines of not more than two hundred fifty dollars ($250) for failure to submit plans on or before the date on which the plan must be submitted, as stated in the determination of applicability. Each day that the plan is not submitted constitutes a separate offense.

(a) Applicant: Any persons, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain as defined in this ordinance.

(b) Coastal feature: Coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines as defined in The State of Rhode Island Coastal Resources Management Program as amended June 28, 1983.

(c) Cut: An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

(d) Development project: Any construction, reconstruction, demolition, or removal of structures, roadways, parking, or other paved areas, utilities, or other similar facilities, including any action requiring a building permit by the city or town.

(e) Erosion: The removal of mineral and/or organic matter by the action of wind, water, and/or gravity.

(f) Excavate: Any act by which earth, sand, gravel, or any other similar material is dug into, cut, removed, displaced, relocated, or bulldozed, and includes the resulting conditions.

(g) Fill: Any act by which earth, sand, or other material is placed or moved to a new location above ground. The fill is also the difference in elevation between a point of existing undisturbed ground and a designated point of higher elevation of the final grade.

(h) Land disturbing activity: Any physical land development activity which includes such actions as clearance of vegetation, moving or filling of land, removal or excavation of soil or mineral resources, or similar activities.

(i) Runoff: The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow, and including seepage flows that do not enter the soil but run off the surface of the land. Also, that portion of water that is not absorbed by the soil, but runs off the land surface.

(j) Sediment: Solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site or origin by wind, water, and/or gravity as a product of erosion.

(k) Soil erosion and sediment control plan: The approved document required before any person may cause a disturbance to the natural terrain within the city or town as regulated by this ordinance. Also, referred to as erosion and sediment control plan, approved plan.

(l) Watercourse: The term watercourse means any tidewater or coastal wetland at its mean high water level, and any freshwater wetland at its seasonal high water level, including, but not limited to, any river, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or any other standing or flowing body of water. The edge of the watercourse shall be used for delineation purposes.
R.I. Gen. Laws § 45-5-12 — RI Code / Title 45 / Chapter 45-5 / Section 45-5-12
§ 45-5-12. Neglected burial grounds.
Status: in_force

(a) Town councils may also take possession of and hold ancient, neglected, or abandoned burial grounds including historic cemeteries as defined in § 23-18-1(5), whenever they can take possession without opposition from the persons interested in those grounds. The councils may take, hold, and manage in trust all funds given to the councils to keep these grounds in repair or for ornamenting or improving these grounds, and may in their discretion appropriate from the treasury of their towns money for the purpose of keeping in repair, preserving the monuments in, and maintaining any neglected burial ground.

(b) Any person interested in caring for burial ground described in subsection (a) which has not been maintained and the owner of which is unknown or whose present address is unknown, may petition the town council for permission to clean up and maintain that burial ground at the persons own expense. Upon approval of this petition on any conditions the council may deem appropriate, the council shall cause an advertisement to be placed in a local newspaper providing notice that the burial ground is to be entered and cleaned up and thereafter maintained, and notifying persons with a property interest in this burial ground who have objections to come forward by a date certain.
R.I. Gen. Laws § 45-24-28 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-28
§ 45-24-28. Continuation of ordinances  Supercession  Relation to other statutes.
Status: repealed

(a) Any zoning ordinance or amendment of the ordinance enacted after January 1, 1992, shall conform to the provisions of this chapter. All lawfully adopted zoning ordinances shall be brought into conformance with this chapter by December 31, 1994. Each city and town shall review its zoning ordinance and make amendments or revisions that are necessary to bring it into conformance with this chapter.

(b) All zoning ordinances adopted under authority of §§ 45-24-1 through 45-24-26 or any special zoning enabling act that is in effect on June 17, 1991, shall remain in full force and effect until December 31, 1994, unless earlier amended so as to conform to the provisions of this chapter, except that § 45-24-37 and § 45-24-44 shall become effective on January 1, 1992.

(c) Former §§ 45-24-1 through 45-24-26 and all special zoning enabling acts, including, but not limited to, chapter 2299 of the public laws of 1922, as amended (town of Westerly); chapter 1277 of the public laws of 1926, as amended (town of Narragansett); chapter 2065 of the public laws of 1933, as amended (town of West Warwick); chapter 2233 of the public laws of 1935, as amended (town of Johnston); chapter 2079 of the public laws of 1948, as amended (town of North Kingstown); chapter 3125 of the public laws of 1953, as amended (town of New Shoreham); chapter 101 of the public laws of 1973, as amended (town of South Kingstown); are repealed effective December 31, 1994. All provisions of zoning ordinances adopted under authority of the provisions of former §§ 45-24-1 through 45-24-26 or of any special act are repealed and are null and void as of December 31, 1994, unless amended so as to conform to the provisions of this chapter.

(d) Chapter 24.1 of this title, entitled Historical Area Zoning, and chapter 3 of title 1, entitled Airport Zoning, are not superseded by this chapter; provided, that any appeal to the superior court pursuant to chapter 24.1 of this title, entitled Historical Area Zoning, or pursuant to chapter 3 of title 1, entitled Airport Zoning, is taken in the manner provided in § 45-24-69.

(e) Nothing in this chapter shall be construed to limit the authority of agencies of state government to perform any regulatory responsibilities.
R.I. Gen. Laws § 45-14-5 — RI Code / Title 45 / Chapter 45-14 / Section 45-14-5
§ 45-14-5. Disposition of proceeds.
Status: in_force

All revenue derived from the assessment of charges authorized by the provisions of this chapter, or by the provisions of chapter 1734 of the Public Laws, 1946, shall be expended only for the maintenance, repair, replacement, expansion, or operation of the sewer system and sewage disposal or treatment works of the cities and towns, and/or for the payment of charges made against the cities and towns for the disposal and/or treatment of their sewage.
R.I. Gen. Laws § 45-59-8 — RI Code / Title 45 / Chapter 45-59 / Section 45-59-8
§ 45-59-8. The authority.
Status: in_force

The district management authority thus created will be a body corporate and politic and an instrumentality and agency of the municipality within which the management district is located but having a distinct legal existence from the municipality. It is hereby declared that in exercising the powers granted to it by this chapter, the district management authority will exercise public and essential governmental functions of the municipality. No part of the net earnings of the district management authority will be distributable to, or inure to the benefit of, any private person.
R.I. Gen. Laws § 45-21-8 — RI Code / Title 45 / Chapter 45-21 / Section 45-21-8
§ 45-21-8. Membership in system.
Status: in_force

Membership in the retirement system does not begin before the effective date of participation in the system as provided in § 45-21-4, § 45-21.4-2, or § 45-21.4-3 and consists of the following:

(a) Any employee of a participating municipality as defined in this chapter, who becomes an employee on and after the effective date of participation, shall, under contract of his or her employment, become a member of the retirement system; provided, that the employee is not receiving any pension or retirement allowance from any other pension or retirement system supported wholly or in part by a participating municipality, and is not a contributor to any other pension or retirement system of a participating municipality. Any employee who is elected to an office in the service of a municipality after the effective date and prior to July 1, 2012, has the option of becoming a member of the system, which option must be exercised within sixty (60) days following the date the employee assumes the duties of his or her office, otherwise that person is not entitled to participate under the provisions of this section;

(b) Any employee or elected official of a participating municipality in service prior to the effective date of participation, who is not a member of any other pension or retirement system supported wholly or in part by a participating municipality, and who does not notify the retirement board in writing before the expiration of sixty (60) days from the effective date of participation that he or she does not wish to join the system, shall automatically become a member; and

(c) Any employee of a participating municipality in service prior to the effective date of participation, who is a member of any other pension or retirement system supported wholly or in part by a participating municipality on the effective date of participation of their municipality, who then or thereafter makes written application to join this system, and waives and renounces all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a participating municipality, becomes a member of this retirement system and shall not be required to make contribution under any other pension or retirement system of a participating municipality, anything to the contrary notwithstanding.

(d) Notwithstanding the provisions of this section, present firefighters employed by the town of Johnston shall establish a pension plan separate from the state of Rhode Island retirement system. If the town of Johnston is thirty (30) days or more late on employer or employee contributions to the pension plan, the auditor general is authorized to redirect any Johnston funds to cover the shortfall or to deduct that amount from any moneys due the town from the state for any purpose other than for education. Disability determinations of present firefighters shall be made by the state retirement board, subject to the provisions of § 45-21-19, at the town of Johnstons expense. All new firefighters hired by the town of Johnston shall become members of the state retirement system.

(e) Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of Teamsters Local Union No. 251, hired between the dates of July 1, 2005, and June 30, 2010, inclusive, and who are currently members of the retirement system established by this chapter may opt out of said retirement system and choose to enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston.

(f) Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of the Laborers International Union of North America Local 1322 hired between the dates of July 1, 2008, and June 30, 2013, inclusive, and who are currently members of the retirement system established by this chapter may opt out of said retirement system and choose to enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston.

(g) Notwithstanding the provisions of this section, any city of Cranston employees who will be members of Teamsters Local Union No. 251, hired after June 30, 2010, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston and shall not be a member of the retirement system established by this chapter.

(h) Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of the Laborers International Union of North America Local 1322 hired after April 23, 2013, shall be enrolled in a defined contribution plan (i.e., 403(b) plan or equivalent thereof) established by the city of Cranston and shall not be a member of the retirement system established by this chapter.

(i) Notwithstanding the provisions of this section, any city of Cranston employees defined in subsections (e) and (f) of this section shall be precluded from purchase of service credit for time served on or after July 1, 2010, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston should the member cease employment with the city of Cranston or Teamsters Local Union No. 251 and re-enter the system with another participating employer who has accepted the provisions as defined, in § 45-21-4.

(j) Notwithstanding the provisions of this section, any town of Middletown employees, who will be members of the Teamsters Local Union No. 251 bargaining unit, hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, and any town of Middletown employees who are employed as full-time civilian dispatchers, hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, and any town of Middletown employees who are not affiliated with any recognized collective bargaining representative or union hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown and shall not be members of the retirement system established by this chapter. Said town of Middletown employees defined herein shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown should the member cease employment with the town of Middletown or in the Teamsters Local Union No. 251 bargaining unit and re-enter the system with any participating employer who has accepted the provisions as defined in § 45-21-4. Any town of Middletown employees hired after June 30, 2022, who are at the time of hire active members of the retirement system established by this chapter or who were previously active members of the retirement system established by this chapter shall remain as such active members or shall be reinstated as active members, as the case may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown. Moreover, any town of Middletown employee who was at the time of hire an active member of the retirement system established by this chapter or who was previously an active member of the retirement system established by this chapter, but who was forced to become or remain an inactive member by virtue of their having been hired by the town of Middletown at a time when such was required by law, may (by December 31, 2022, and not thereafter) request in writing to be dis-enrolled from the town of Middletowns defined contribution plan and to have their contributions refunded to them; to be reinstated as an active member of the retirement system established by this chapter; and to be allowed to purchase service credit for their service while participating in Middletowns defined contribution plan (notwithstanding the preclusion provided above in this subsection), which request, if timely made, shall be allowed. To be clear, persons reinstated under the terms of this section as active members of the retirement system established by this chapter shall be reinstated only with such service credits, if any, as they may have earned or purchased in accordance with the law and are thereafter subject to all laws and rules otherwise applicable to active members.

(k) Notwithstanding the provisions of this section, any town of Middletown employees, who will be members of the Middletown Municipal Employees Association NEARI Local 869 bargaining unit hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown and shall not be members of the retirement system established by this chapter. Said town of Middletown employees defined herein shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown should the member cease employment with the town of Middletown or in the Middletown Municipal Employees Association NEARI Local 869 bargaining unit and re-enter the system with any participating employer who has accepted the provisions as defined in § 45-21-4. Any town of Middletown employees hired after June 30, 2022, who are at the time of hire active members of the retirement system established by this chapter or who were previously active members of the retirement system established by this chapter shall remain as such active members or shall be reinstated as active members, as the case may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown. Moreover, any town of Middletown employee who was at the time of hire an active member of the retirement system established by this chapter or who was previously an active member of the retirement system established by this chapter, but who was forced to become or remain an inactive member by virtue of their having been hired by the town of Middletown at a time when such was required by law, may (by December 31, 2022, and not thereafter) request in writing to be disenrolled from the town of Middletowns defined contribution plan and to have their contributions refunded to them; to be reinstated as an active member of the retirement system established by this chapter; and to be allowed to purchase service credit for their service while participating in Middletowns defined contribution plan (notwithstanding the preclusion provided above in this subsection), which request, if timely made, shall be allowed. To be clear, persons reinstated under the terms of this section as active members of the retirement system established by this chapter shall be reinstated only with such service credits, if any, as they may have earned or purchased in accordance with the law and are thereafter subject to all laws and rules otherwise applicable to active members.

( l ) Notwithstanding the provisions of this section, any Cranston public school employees who will be members of National Association of Government Employees (NAGE), Local RI-153, hired after June 30, 2012, shall be enrolled in a defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the Cranston school department and shall not be a member of the retirement system established by this chapter.

(m) Notwithstanding the provisions of this section, any Cranston public school employees defined in subsection ( l ) shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the Cranston public schools should the member cease employment with the Cranston public schools or National Association of Government Employees (NAGE), Local RI-153 and re-enter the system with another participating employer who has accepted the provisions as defined in § 45-21-4.

(n) Notwithstanding the provisions of this section, the chief of police for the city of Cranston who was hired on or about September 2014, shall be enrolled in a defined contribution plan (i.e., 401(a) plan or any equivalent thereof) established by the city of Cranston, and shall not be a member of the retirement system established by this chapter.

(o) [Deleted by P.L. 2022, ch. 277, § 1 and P.L. 2022, ch. 327, § 1.]
R.I. Gen. Laws § 45-2-39.1 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-39.1
§ 45-2-39.1. Theft of historic stone walls.
Status: in_force

(a) For the purposes of this chapter, an historic stone wall shall be defined as a vertical structure of aligned natural stone, originally constructed in the 17th, 18th, 19th or 20th centuries, to designate a property boundary between farmsteads or to segregate agricultural activities with a single farmstead or to designate property lines. This definition shall include new stone walls which closely approximate the appearance of adjoining stone walls with respect to coursing, stone type, joint width, construction and distribution of stones by size.

(b) Anyone convicted of the theft of an historic stone wall, pursuant to § 11-41-1, or portions of an historic stone wall, or convicted of attempt to commit that larceny, shall be civilly liable to the property owner for the cost of replacing the stones and any other compensable damages related to that larceny.
R.I. Gen. Laws § 45-59-1 — RI Code / Title 45 / Chapter 45-59 / Section 45-59-1
§ 45-59-1. Short title.
Status: in_force

This chapter will be known and may be cited as the District Management Authorities Act.
R.I. Gen. Laws § 45-24-37_45-24-37 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-37_45-24-37
§ 45-24-37. General provisions  Permitted uses. [Effective until January 1, 2026.]45-24-37. General provisions  Permitted uses. [Effective January 1, 2026.]
Status: in_force

(a) The zoning ordinance shall provide a listing of all land uses and/or performance standards for uses that are permitted within the zoning use districts of the municipality. The ordinance may provide for a procedure under which a proposed land use that is not specifically listed may be presented by the property owner to the zoning board of review or to a local official or agency charged with administration and enforcement of the ordinance for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed permitted use. Upon such determination, the proposed use may be considered to be a permitted use.

(b) Notwithstanding any other provision of this chapter, the following uses are permitted uses within all residential zoning use districts of a municipality and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons:

(1) Households;

(2) Community residences;

(3) Family daycare homes; and

(4) Remote work, defined as a work flexibility arrangement under which a W-2 employee or full-time contractor routinely performs the duties and responsibilities of such employees position from an approved worksite other than the location from which the employee would otherwise work.

(i) Remote work shall not include any activities that:

(A) Relate to the sale of unlawful goods and services;

(B) Generate on-street parking or a substantial increase in traffic through the residential area;

(C) Occur outside of the residential dwelling;

(D) Occur in the yard; or

(E) Are visible from the street.

(c) Any time a building or other structure used for residential purposes, or a portion of a building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated agent of the owner, is only allowed to cause the mobile and manufactured home, or homes, to remain temporarily upon the land by making timely application to the local building official for the purposes of obtaining the necessary permits to repair or rebuild the structure.

(d) Notwithstanding any other provision of this chapter, appropriate access for people with disabilities to residential structures is allowed as a reasonable accommodation for any person(s) residing, or intending to reside, in the residential structure.

(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit (ADU) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.

(f) When used in this section the terms people with disabilities or member, or members, with disabilities means a person(s) who has a physical or mental impairment that substantially limits one or more major life activities, as defined in 42-87-1(5).

(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted use within all zoning districts of a municipality, including all industrial and commercial zoning districts, except where prohibited for public health or safety reasons or the protection of wildlife habitat.

(h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, mills, and malls into residential units or mixed-use developments which include the development of at least fifty percent (50%) of the existing gross floor area into residential units, shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance.

(1) Prohibitions. Adaptive reuse under this section shall not be allowed where:

(i) Residential use is prohibited by environmental land use restrictions recorded on the property by the state of Rhode Island department of environmental management or the United States Environmental Protection Agency;

(ii) In any industrial or manufacturing zoning use district, or a portion thereof, where residential use is prohibited for public health and safety reasons which are based on specific and detailed findings;

(iii) In any building previously used for industrial or manufacturing use(s), which has not been vacant of an industrial use for less than one year prior to the submission of the permit or application for adaptive reuse.

(2) Density.

Provided that all minimum building, rehabilitation, and fire code requirements are met for all residential units, as applicable; and provided that, for projects with more than four (4) residential units, not less than ten percent (10%) of low- or moderate-income housing is provided, the local zoning ordinance shall not specify any maximum density of residential units. If less than ten percent (10%) of low- or moderate-income housing is provided, then the allowable maximum density shall be determined by the municipality.

(3) Dimensional requirements.

(i) Building envelope. Unless a local zoning ordinance allows otherwise, the development shall be limited to the existing building envelope, except that the envelope is allowed to be expanded to accommodate upgrades of non-occupiable space related to the building and fire codes and utilities such as HVAC equipment, stairs, and elevators.

(ii) Parking. A local zoning ordinance shall not require a development under this section to provide more than one off-street parking space for the first two (2) bedrooms of any dwelling unit and shall not require more than one off-street parking space for any additional bedroom beyond the second bedroom in any dwelling unit.

(iii) Existing setbacks. Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback, unless otherwise allowed by local zoning ordinance or relief is granted by the applicable authority.

(iv) Height. For adaptive reuse projects, notwithstanding any other provisions of this chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any non-occupiable rooftop construction such as HVAC equipment and stairs or elevator towers, but excluding rooftop decks, shall be included within the height exemption.

(4) Water and sewer. The development shall have access to public water and sewer services or shall have access to adequate private water, such as a well(s) and and/or on-site wastewater treatment system(s) approved by the relevant state agency.

(i) Notwithstanding any other provisions of this chapter, all towns and cities shall allow manufactured homes, as defined in § 45-24-31, that comply with § 23-27.3-109.1.3 as a type of single-family home on any lot zoned for single-family use. Such home shall comply with all dimensional requirements of a single-family home in the district or seek relief for the same under the provisions of this chapter.
R.I. Gen. Laws § 45-56-4 — RI Code / Title 45 / Chapter 45-56 / Section 45-56-4
§ 45-56-4. Referendum on an ordinance establishing a downtown center special services district.
Status: in_force

(a) An ordinance establishing a downtown center special services district shall not take effect unless, within sixty (60) days of the adoption of the ordinance: (1) If the district is not divided into subdistricts pursuant to § 45-56-6(b), a referendum is held among all the holders of record of taxable interests in real property within the district on the question of whether the ordinance shall take effect, and unless a majority of the owners respond affirmatively and unless the holders of the taxable interests in real property, the assessments of which shall constitute more than one-half (Â½) of the total of assessments for all taxable interests in real property within the district, shall respond affirmatively; or, (2) if the district is divided into subdistricts pursuant to § 45-56-6(b), a separate referendum is held among all the holders of record of taxable interests in the real property within each subdistrict on the question of whether the ordinance shall take effect, and unless a majority of those holders in each subdistrict responds affirmatively and unless the holders of taxable interests in real property within each subdistrict, the assessments of which constitutes more than one-half (Â½) of the total of assessments for all taxable interests in real property within each subdistrict, respond affirmatively; (3) if the ordinance establishing the district creates different categories of land use within the district pursuant to § 45-56-6(c)(1), a separate referendum is held among all the holders of record of taxable interests in real property in each land use category in the district on the question of whether the ordinance shall take effect, and unless a majority of those holders in each land use category responds affirmatively and unless the holders of taxable interests in real property in each land use category, the assessments of which shall constitute more than one-half (Â½) of the total of assessments for all taxable interests in real property in each land use category within the district, shall respond affirmatively; and (4) if the district is divided into subdistricts pursuant to § 45-56-6(b) and if the ordinance establishing the district creates different categories of land use within the district pursuant to § 45-56-6(c)(1), and if the ordinance also provides a different basis for the determination of the levies on the same land use category in different subdistricts pursuant to § 45-56-6(c)(2), a separate referendum is held among all the holders of taxable interests in real property in each land use category in each subdistrict on the question of whether the ordinance shall take effect, and unless a majority of holders in each land use category in each subdistrict responds affirmatively and unless the holders of taxable interest in real property in each land use category in each subdistrict, the assessments of which constitute more than one-half (Â½) of the total of assessments for all taxable interests within each land use category within each subdistrict, respond affirmatively. For the purposes of this section, any tenant in common of any freehold interest in real property has a vote equal to the fraction of his or her ownership in that interest. Any joint tenant of any freehold interest in real property shall vote as if each tenant owned an equal, fractional share of the real property. A corporation shall have its vote cast by the chief executive officer of the corporation or his or her designee. No owner has more than one vote.

(b) The ordinance establishing the downtown center special services district shall prescribe the method and manner in which a referendum is conducted, and shall provide the qualifications for those participating in the referendum. The referendum may be conducted by mail.

(c) No holder of record of taxable interest in real property, whether the record holder is a corporation, partnership, unincorporated association, trustee, fiduciary, guardian, conservator, or other form of entity, or any combination of these, and whether the record holder is an individual who holds interests jointly, or in common with another individual or individuals, or with any one or more of the preceding, shall be precluded from participating in a referendum because of the form of entity which holds the record interest.

(d) At a referendum held under this section, all residents of the town of Westerly, residing in the town and qualified voters thereof, and who reside in the district or subdistrict as the case may be, have the right to vote and the referendum shall not take effect unless a majority of all voters respond affirmatively.
R.I. Gen. Laws § 45-26-7 — RI Code / Title 45 / Chapter 45-26 / Section 45-26-7
§ 45-26-7. Laws applicable to town authorities.
Status: in_force

Town authorities and their commissioners, within their respective areas of operation, have the same functions, rights, powers, duties, privileges, immunities, and limitations provided for housing authorities, created for cities and their commissioners. All the provisions of law applicable to housing authorities created for cities and their commissioners are applicable to town authorities.
R.I. Gen. Laws § 45-2-8 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-8
§ 45-2-8. Ratification of prior conveyances.
Status: in_force

All sales, conveyances, leases, or other dispositions of any lands or properties purchased, acquired, used, or dedicated in any manner by a city or town for municipal or other public purposes, purporting to have been made on behalf of the city or town for a valuable consideration prior to April 25, 1946, are hereby ratified, confirmed, and validated as of the date when made; provided, that this section shall not be construed to include any lands or properties acquired by gift or devise for the public use, whether or not the gift or devise is subject to a condition subsequent or reverter, or to property held by any city or town as part of a charitable trust.
R.I. Gen. Laws § 45-12-8 — RI Code / Title 45 / Chapter 45-12 / Section 45-12-8
§ 45-12-8. Establishment of general sinking fund  Computation of payments to sinking fund.
Status: in_force

In lieu of establishing a separate sinking fund for each bond issue, a city or town may, by vote of the town council or city council, provide for the establishment of a general sinking fund, and thereafter the town treasurer or city treasurer shall annually, on the anniversary of the day of each issue of all outstanding sinking fund bonds of the respective city or town, pay to the sinking fund commission or deposit to the sinking fund for the redemption of those bonds, an amount sufficient to meet the sinking fund requirements of those bonds computed upon the basis that the moneys and investments of the general sinking fund earn an anticipated income of not exceeding four percent (4%) per annum compounded semiannually.
R.I. Gen. Laws § 45-32-32 — RI Code / Title 45 / Chapter 45-32 / Section 45-32-32
§ 45-32-32. Service of notice of taking.
Status: in_force

No sum paid into the court or any interest paid on it shall be charged with clerks fees of any nature. After the filing of the copy of the resolution, plat, and declaration, notice of the taking shall be served upon the owners of or persons having any estate or interest in the real property by the sheriff or the sheriff s deputies of the county in which the person or persons reside, by leaving a copy attested by the secretary of the agency of the resolution and declaration with each of the persons personally, or at their last and usual place of abode in this state with some person living there, and in case the person or persons do not reside in the county where the property is situated or are absent from this state and have no last and usual place of abode in the county occupied by any person, the copy shall be left by the sheriff or the sheriffs deputies of the county where the real property lies with the person, if any, in charge of or having possession of the real property if the person is known to the officer. Whenever any owner or person entitled to any estate in or any interest in any part of the real property taken resides or is without the state, the agency shall cause to be served on that person personally, or at his or her last usual place of abode, a copy attested as prescribed of the resolution and declaration by any disinterested person, which person shall make affidavit of the service and of the mode in which, the time within, and the place at which, the service has been made; or service may be made by the admission of service by the person on the back of a copy of the resolution and a declaration and by his or her acknowledgment before an officer authorized to administer oaths under the law of the place where the admission of service is acknowledged.
R.I. Gen. Laws § 45-41-1 — RI Code / Title 45 / Chapter 45-41 / Section 45-41-1
§ 45-41-1. Establishment of fund.
Status: in_force

A city or town treasurer, with the advice and consent of his or her city or town council, is hereby authorized and empowered to create and establish a fund for the purpose of self insuring the city or town upon approval and funding by the legally empowered authority of the respective cities and towns.
R.I. Gen. Laws § 45-2-36 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-36
§ 45-2-36. Town of Exeter  Tax assessor.
Status: in_force

(a) The town council of the town of Exeter may amend the Exeter town ordinance to provide for and entitle the town council to authorize the appointment of a tax assessor. The tax assessor shall serve at the pleasure of the town council. Qualifications shall be set by the town council in accord with state requirements and compensation shall be paid as approved at the town financial meeting. The tax assessor shall perform the duties previously performed by the board of tax assessors

(b) Each individual currently serving as a member of the board of tax assessors, on the date of the employment of the tax assessor under this section, shall continue to serve as members of a board of tax and assessment review until the expiration of their respective terms. Thereafter, each and every one of their successors shall be elected for four (4) year terms of office. Compensation for the members shall be set at the town financial meeting.

(c) The board of tax and assessment review shall hear and consider the appeal of any property owner concerning his or her assessed valuation or annual tax bill. If it appears that the assessed valuation of any property has been erroneously or incorrectly assessed, the board has the authority to order a correction, certify the result of its decision to the tax assessor to make the change and inform the council of its decision. If the current tax bill of any property owner is determined to be incorrect, the board may recommend to the council that a reduction or cancellation should be made, and the council shall make the adjustment as provided by law. Appeals from decisions of the board or the council shall lie to the superior court as provided by law.

(d) No member of the board of tax and assessment review shall be appointed nor serve as the tax assessor until a full twelve (12) months have elapsed from the time the member ceased to serve on the board of tax and assessment review.

(e) The council shall provide by ordinance for the procedures to be followed by the board, including the manner of receiving, considering and disposing of appeals.

(f) The question of the approval of this act shall be submitted to the electors of the town at any general election after being so proposed by petition of ten percent (10%) of all registered and qualified voters; the petition having been certified by the board of canvassers and submitted to the council within a time practicable to meeting state filing timetables.
R.I. Gen. Laws § 45-13-3 — RI Code / Title 45 / Chapter 45-13 / Section 45-13-3
§ 45-13-3. Apportionment based on levy for preceding year.
Status: in_force

The annual apportionment and payment of any sums during the states fiscal year shall be based on the annual tax levy of the respective cities and towns as of December 31st of the calendar year preceding the calendar year in which the current state fiscal year begins.
R.I. Gen. Laws § 45-50-5.3 — RI Code / Title 45 / Chapter 45-50 / Section 45-50-5.3
§ 45-50-5.3. Evaluation and approval.
Status: in_force

Except as stated in this chapter, the board created in chapter 10.1 of title 42 shall evaluate all proposals for the issuance of bonds, general obligations, and/or revenue, prior to the issuance of the bonds. General obligation bonds and revenue bonds, including any temporary notes sought to be issued in conjunction with this chapter, shall not be issued by any municipal public building authority created after December 31, 1988, without the prior approval of the board.
R.I. Gen. Laws § 45-27-15 — RI Code / Title 45 / Chapter 45-27 / Section 45-27-15
§ 45-27-15. Subordination of mortgage to government contract.
Status: in_force

The authority may agree in any mortgage made by it that the mortgage is subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements on it. In that event, any purchaser or purchasers at a sale of the property of an authority, pursuant to a foreclosure of the mortgage or any other remedy in connection with it, obtains title subject to the contract.
R.I. Gen. Laws § 45-2-17 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-17
§ 45-2-17. Regulation of liquefied natural gas facilities.
Status: in_force

(a) For purposes of this section, the definition of liquefied natural gas as stated in §39-1-2 applies.

(b) Purpose. The General Assembly hereby recognizes the importance of establishing procedures and standards for the supervision and regulation by the state and by the cities and towns of the use, storage, transportation, location, construction, and maintenance of liquefied natural gas and liquefied natural gas storage facilities. The establishment of these procedures and standards is hereby declared to be a reasonable exercise of the police power of the general assembly and necessary to afford the highest possible degree of protection against the potential hazards of explosion and fire presented by the use, transportation, storage, and location of liquefied natural gas. The general assembly hereby declares also that it is in the interest of the public health, safety, and welfare that the use, storage, transportation, and location of liquefied natural gas or liquefied natural gas facilities be supervised, regulated, and controlled in accordance with the provisions of this section.

(c) From and after June 4, 1976, no liquefied natural gas storage facility, including any facility for which any application is pending before any state or local governmental body or agency on June 4, 1976, shall be established nor shall construction of the facility be commenced or storage of the gas begin or any permit or license be issued reasonably related to the facility unless and until the public utilities commission of the state of Rhode Island issues a final approval and license in accordance with the provisions of this section.

(d) The public utilities commission, the division of fire safety, and every town and city shall each promulgate and adopt rules and regulations or enact ordinances establishing procedures and standards for the supervision, regulation, and control of the use, location, construction, storage, and maintenance of liquefied natural gas and liquefied natural gas storage facilities.

The procedures for the adoption and promulgation of the rules and regulations shall be those provided in chapter 35 of title 42.

(e) Before any permit or license may be issued for the construction, or location, of a liquefied natural gas facility or for the storage of liquefied natural gas, the following procedures must be followed and complied with:

(1) All permit or license applications must also be filed with the public utilities commission and the state fire marshals office.

(2) Prior to the issuance of any permit or license there shall be a public hearing with notice given by the city or town where the storage area or facility is proposed to be located or where the liquefied natural gas is proposed to be stored. Notice of the hearing shall be given at least two (2) weeks before the date set for the hearing and shall be given on at least three (3) separate occasions prior to the hearing date. Notice shall be by advertisement in a local or statewide newspaper, whichever has the greater circulation in the city or town where the site is to be located or where the storage is proposed to be. Notice shall be by block advertisement of at least two and one half (2 1 / 2 ) inches by two and one half (2 1 / 2 ) inches square. The notice shall state the subject matter of the hearing and the date, time, and place of the hearing.

(3) The city or town council must review and give final approval as to any decision granting the issuance of a license or permit pertaining to the siting or location of the facility, the building or construction of the facility, and the storage of the liquefied natural gas with notice and public hearings required as set forth in subsection (e)(2) of this section.

(4) Upon the granting of the final approval of a city or town on the issuance of a license or permit as set forth in subsection (e)(3) of this section and before issuance of the permit or license, a permit must be applied for, approved, and issued by the state fire marshals office and the public utilities commission in accordance with the general laws of the state of Rhode Island and the rules and regulations established by the respective state agencies.

(f) The provisions of this section are in addition to any and all other conditions or provisions of applicable law and are not to be construed to be in amendment of or in repeal of any other applicable provision of law.
R.I. Gen. Laws § 45-2-59 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-59
§ 45-2-59. Town of North Smithfield  Municipal court.
Status: in_force

(a) The town council of the town of North Smithfield may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violations of the town of North Smithfield Charter, Code of Ordinances, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violation of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the superior court for Providence County and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title may, within seven (7) days of the conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2.

(b) With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the courts jurisdiction, the power to proceed according to equity:

(1) To restrain, prevent, enjoin, abate or correct a violation;

(2) To order the repair, vacation or demolition of any dwelling existing in violation;

(3) To otherwise compel compliance with all of the provisions of the ordinances and statutes.

(c) The municipal court shall have concurrent jurisdiction with the Rhode Island Traffic Tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3. Adjudication of summons by the municipal court shall be in conformance with § 8-18-4. The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief judge of the district court in accordance with § 8-18-11. Any person desiring to appeal an adverse decision of the municipal court for violations enumerated in § 8-18-3, may seek review thereof pursuant to the procedures set forth in § 31-41.1-8.

(d) The town council of the town of North Smithfield is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of North Smithfield is authorized and empowered to enact ordinances governing the personnel, operation and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses and punish persons for contempt and to execute search warrants to the extent the warrants could be executed by a judge of the district court.
R.I. Gen. Laws § 45-4-4 — RI Code / Title 45 / Chapter 45-4 / Section 45-4-4
§ 45-4-4. Duplicate lists of electors.
Status: in_force

A duplicate list of the qualified electors in each of the towns shall be prepared for use in town meetings held under the provisions of §§ 45-4-2 and 45-4-3.All the provisions of law relative to the preparation, furnishing, and use of voting lists apply to these duplicate lists.
R.I. Gen. Laws § 45-21-15 — RI Code / Title 45 / Chapter 45-21 / Section 45-21-15
§ 45-21-15. Prior service certificate.
Status: in_force

(a) Upon verification of the statement of service submitted, the retirement board shall issue to the member a prior service certificate certifying to the aggregate length of prior service as an employee. So long as membership continues, a prior service certificate is final and conclusive for retirement purposes as to that service, unless modified by the retirement board upon application made by the member within one year after date of issuance or modification of the prior service certificate or upon discovery by the retirement board of an error or fraud.

(b) When membership ceases, the certificate is void.

(c) Should membership be resumed by the employee, the employee will enter the system as an employee not entitled to prior service credit.
R.I. Gen. Laws § 45-24-46.5 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-46.5
§ 45-24-46.5. Special provisions  Emergency declaration modifications.
Status: in_force

(a) A moratorium is hereby imposed on the enforcement of any municipal ordinance or zoning regulation that would penalize any food business or food service establishment, as defined in § 21-27-1, or bar as defined in § 23-20.10-2, for any alterations or modifications to its business made in order to comply with any directives, executive orders, or restrictions issued by the governor, principal executive officer of a political subdivision, or the director of the department of health based upon an emergency declaration issued pursuant to § 30-15-9 or § 30-15-13.

(b) The moratorium imposed pursuant to this section shall continue throughout the emergency declaration and shall remain effective until February 15, 2024. During this period, all approved nonconforming uses adopted to comply with the emergency declaration shall be permitted to continue.
R.I. Gen. Laws § 45-59-15 — RI Code / Title 45 / Chapter 45-59 / Section 45-59-15
§ 45-59-15. Special tax assessments.
Status: in_force

Each district management authority will have the power to apportion the annual operating expenses of the district management authority among the owners of ratable real property, not otherwise exempt by law, located within the management district by a special tax assessment. The special tax assessment will be based on the factors set forth in the petition approved by the city or town council. The rate of the special tax assessment with respect to any subdistrict may vary in the amount from the rate of the special tax assessment generally applicable to the owners of ratable real property within the management district. The special tax assessments made by a district management authority will not be considered to be a tax of the municipality for purposes of § 44-5-2.
R.I. Gen. Laws § 45-24-39 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-39
§ 45-24-39. General provisions  Nonconforming development.
Status: in_force

(a) Any city or town adopting or amending a zoning ordinance under this chapter shall make provision for any use, activity, structure, building, or sign or other improvement, lawfully existing at the time of the adoption or amendment of the zoning ordinance, but which is nonconforming by use or nonconforming by dimension. The zoning ordinance may regulate development which is nonconforming by dimension differently than that which is nonconforming by use.

(b) The zoning ordinance shall permit the continuation of nonconforming development; however, this does not prohibit the regulation of nuisances.

(c) A zoning ordinance may provide that, if a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use consists of some overt act, or failure to act, which leads one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use; however, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use is presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.
R.I. Gen. Laws § 45-59-18 — RI Code / Title 45 / Chapter 45-59 / Section 45-59-18
§ 45-59-18. Petition for relief from assessment.
Status: in_force

(a) Any person aggrieved on any ground whatsoever by any assessment against him or her by a district management authority in any municipality may within three (3) months after the last day appointed for the payment without penalty of the assessment, or the first installment of the payment, if the assessment is payable in installments, file a notice of appeal with the district management authority, and within thirty (30) days thereafter, file a petition in the superior court for the county within which the municipality is located for relief from the assessment, to which petition the district management authority will be made a party respondent, and the clerk of the superior court will thereupon issue a citation substantially in the following form:

(b) The petition will be subject to the provisions of §§ 44-5-26  44-5-31 insofar as those sections may be applicable.
R.I. Gen. Laws § 45-53-7 — RI Code / Title 45 / Chapter 45-53 / Section 45-53-7
§ 45-53-7. Housing appeals board. [Expires January 1, 2024.]
Status: in_force

(a)(1) Effective until January 1, 2024, there shall be within the state a housing appeals board consisting of nine (9) voting members and three (3) alternates as follows: one voting member who shall be from the Center for Justice Rhode Island; one voting member who shall be from Direct Action for Rights and Equality (DARE); and seven (7) voting members to be appointed by the governor, who shall include four (4) local officials, who shall not be from the same city or town; two (2) of whom shall be from a city or town with a population of less than twenty-five thousand (25,000); and two (2) of whom shall be from a city or town with a population of twenty-five thousand (25,000) or greater, and shall include one local zoning board member, one local planning board member, one city council member and one town council member, one of the local official members shall be designated by the governor as the alternative local official member who shall be a voting member of the board only in the event that one or more of the other three (3) local officials is unable to serve at a hearing; one affordable housing developer; one affordable housing advocate; one representative of the business community; and one attorney knowledgeable in land use regulation, who should be chairperson of the board. There shall be two (2) additional alternates appointed by the governor chosen from candidates submitted by realtors or developers doing business in the state and the alternates shall rotate service as a voting member at the discretion of the chairperson.

(2) Those members of the board as of July 2, 2004, who were appointed to the board by members of the general assembly shall cease to be members of the board on July 2, 2004, and the governor shall thereupon nominate four (4) new members each of whom shall serve for the balance of the current term of his or her predecessor.

(3) All other members of the commission as of July 2, 2004, shall continue to serve for the duration of their current terms.

(4) All gubernatorial appointments made under this section after July 2, 2004, shall be subject to the advice and consent of the senate.

(b)(1) All appointments are for two-year (2) terms; except as otherwise provided in subsection (a)(2) of this section, the terms of members appointed after December 31, 2004, shall be for three (3) years. Each member who is duly appointed or continued in office after January 1, 2005, shall hold office for the term for which the member is appointed and until the members successor shall have been appointed and qualified, or until the members earlier death, resignation, or removal. A member shall receive no compensation for his or her services, but shall be reimbursed by the state for all reasonable expenses actually and necessarily incurred in the performance of his or her official duties. The board shall hear all petitions for review filed under § 45-53-5, and shall conduct all hearings in accordance with the rules and regulations established by the chair. Rhode Island housing shall provide space, and clerical and other assistance, as the board may require.

(2) Provided, effective January 1, 2023, the Rhode Island housing resources commission (the commission) established pursuant to chapter 128 of title 42 shall provide all space, and clerical and other assistance, as the board may require. All duties and responsibilities of Rhode Island housing resources commission as to providing space, clerical and other assistance to the board pursuant to subsection (b)(1) of this section shall be transferred to the commission effective January 1, 2023.

(c) This section shall sunset on January 1, 2024.
R.I. Gen. Laws § 45-15-12 — RI Code / Title 45 / Chapter 45-15 / Section 45-15-12
§ 45-15-12. Maximum recovery for personal injuries.
Status: in_force

(a) No person shall recover from any town in any action mentioned in §§ 45-15-8 and 45-15-9, a greater sum for personal injuries than one hundred thousand dollars ($100,000).

(b) This section shall be given retroactive effect and apply to all causes of action arising on or after May 4, 1984.
R.I. Gen. Laws § 45-19-11 — RI Code / Title 45 / Chapter 45-19 / Section 45-19-11
§ 45-19-11. Filing of lists of fire fighters.
Status: in_force

The secretary of all incorporated protective departments cooperating with fire departments, incorporated volunteer fire companies, and all fire fighters in a town having no organized fire department entitled to the benefits under this chapter, shall file, on the first Monday in July of each year with the secretary of the fire fighters relief fund of Rhode Island, an alphabetical list of all its members.
R.I. Gen. Laws § 45-34-1 — RI Code / Title 45 / Chapter 45-34 / Section 45-34-1
§ 45-34-1. Definitions.
Status: in_force

The following words and phrases as used in this chapter have the following meanings unless the context clearly states otherwise:

(1) Disposal of solid wastes means the disposal of wastes in an incinerator, a sanitary landfill, a resource recovery facility, or other facility making final deposition, but does not include the collection of wastes from points of generation or the transportation of those collected wastes to transfer stations or facilities for interim storage;

(2) Legislative body means the city council of any city;

(3) Municipality means any city or town;

(4) Person means and includes any individual, partnership, corporation, or association.
R.I. Gen. Laws § 45-50-14 — RI Code / Title 45 / Chapter 45-50 / Section 45-50-14
§ 45-50-14. Revenue bonds.
Status: in_force

(a) The authority is authorized to provide by resolution for the issuance, at one time, or from time to time, of revenue bonds of the authority for the purpose of paying all or a part of the cost of any one or more projects, the construction or acquisition of which is authorized by this chapter. The principal of and the interest on the bonds shall be payable from the funds provided for payment. The bonds of each issue shall be dated, bear interest at a rate or rates that the authority determines, payable from time to time, shall mature at a time or times not exceeding forty (40) years from their date or dates, as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at a price or prices and under terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The authority shall determine the form of bonds, including any interest coupons to be attached to them, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairperson of the authority or a facsimile shall be impressed or imprinted on the bonds and attested by the manual or facsimile signature of the secretary of the authority, and any coupons attached to the bonds shall bear the facsimile signature of the chairperson of the authority. In case any officer, whose signature or facsimile of whose signatures appears on any bonds or coupons, ceases to be an officer before the delivery of the bonds, the signature or the facsimile is nevertheless valid and sufficient for all purposes the same as if he or she had remained in office until the delivery. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone, and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered and coupon bonds. The authority may sell bonds in a manner, either at public or private sale, and for a price that it may determine will best effect the purposes of this chapter.

(b) The proceeds of the bonds of each issue shall be used for the payment of the cost of the project or projects for which the bonds have been issued, and shall be disbursed in a manner and under restrictions, if any, that the authority may provide in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds. If the proceeds of the bonds of any issue, by error of estimates, are less than the cost, additional bonds may in the same manner be issued to provide the amount of the deficit, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, are deemed to be of the same issue and are entitled to payment from the same fund without preference of priority of the bonds first issued. If the proceeds of the bonds of any issue exceed the cost, the surplus shall be deposited to the credit of the sinking fund for the bonds, or may be applied to the payment of the cost of any project financed under the provisions of this chapter.

(c) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when definitive bonds have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which become mutilated or are destroyed or lost. Bonds, other than school housing bonds pursuant to chapter 7 of title 16, may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the state, and without any other proceedings or the happening of any other conditions, or things, than those proceedings, conditions, or things which are specifically required by this chapter. All bonds, notes and other forms of indebtedness, other than interim finance mechanisms, issued in support of school housing projects shall require passage of an enabling act by the general assembly.

(d) However, in no event shall the authority borrow in principal amount for any one bond issue more than fifteen percent (15%) of the total of the most recent adopted municipal budget. In addition, the total outstanding principal amount of bonds of the authority shall not exceed fifty percent (50%) of the most recent adopted municipal budget; provided, however, that there shall not be included in the calculation of this limitation fifty percent (50%) of the outstanding principal amount of any bonds issued for projects for which the authority or the municipality receives school housing aid pursuant to §§ 16-7-44 and 16-7-41.
R.I. Gen. Laws § 45-67-8 — RI Code / Title 45 / Chapter 45-67 / Section 45-67-8
§ 45-67-8. Powers of the utility district.
Status: in_force

The utility district shall have the power:

(1) To acquire the BIPCo assets and to assume the BIPCo debt obligations. The sale by voluntary purchase of such property and the assumption of such obligations shall be negotiated between BIPCo and the utility district; provided, however, that upon acquiring BIPCo assets, the utility district shall assume and fulfill all of BIPCos related contractual obligations in full;

(2) To acquire such other real or personal property by voluntary purchase from the owner or owners of the property, and to the extent that the board of utility commissioners deems it advisable, to acquire property held by a corporation through acquisition of the stock of the corporation and dissolution of the corporation;

(3) To acquire real property, fixtures, and rights and interests in real property within its utility service area by eminent domain, except for real property owned in whole or in part by the town of New Shoreham or BIPCo, or real property owned by other utilities, subject to the supervision of the public utilities commission in the manner prescribed in § 39-1-31;

(4) To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired under this section all of which, together with the acquisition of the property, are hereby declared to be public purposes;

(5) To produce, purchase, acquire, distribute, and sell electricity at wholesale or retail within its utility service area, subject to franchise rights of other utilities; to lay down, construct, own, operate, maintain, repair, and improve mains, pipes, towers, and other equipment and facilities necessary, appropriate or useful for those purposes within its utility service area, subject to franchise rights of other utilities; and to contract with others for any or all of the foregoing purposes;

(6) To produce, buy, sell, and trade electric capability, power, or energy products or services at wholesale or retail within its utility service area, subject to franchise rights of other utilities; to purchase for its own use or for resale electric transmission service and ancillary services within its utility service area, subject to franchise rights of other utilities; and to engage in any other transaction with respect to electricity or electricity products within its utility service area, subject to franchise rights of other utilities that was heretofore authorized for investor-owned electric companies operating as domestic electric utilities within the state (including participation in generating facilities as authorized by chapter 20 of title 39); provided, that the utility district shall operate and be subject to regulation of its retail rates for electricity under title 39 when operating within its utility service area;

(7) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment within its utility service area subject to franchise rights of other utilities necessary, appropriate, or useful to the operation of an electric utility;

(8) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment within its utility service area, subject to franchise rights of other utilities necessary, appropriate, or useful to the operation of other utilities, including, but not limited to: communications services such as internet service, high-speed data transfer, local and long-distance telephone service, community antenna television service, and to engage in the operation of such utilities within its utility service area subject to franchise rights of other utilities;

(9) To sue and be sued;

(10) To adopt and alter a corporate seal;

(11) To acquire, hold, use, lease, sell, transfer, assign, or otherwise dispose of any property, real, personal, or mixed, or any interest therein, for its corporate purposes, and to mortgage, pledge, or lease any such property;

(12) To make and adopt bylaws for the management and regulation of its affairs;

(13) To borrow money for any of the purposes or powers granted to it under, or by operation of this chapter, including the creation and maintenance of working capital, and to issue negotiable bonds, notes, or other obligations, to fund or refund the same, and to secure the obligation of such bonds, notes, or other obligations in any case by pledge of, or security interest in, the revenues and property of the utility district;

(14) To fix rates (subject to the requirements of title 39 in the case of retail electric rates within its utility service area) and collect charges for the use of the facilities or services rendered by or any commodities furnished by the utility district; and

(15) To contract in its own name for any lawful purpose that would effectuate the purposes and provisions of this chapter; to execute all instruments necessary to carry out the purposes of this chapter; and to do all things necessary or convenient to carry into effect and operation the powers granted by this chapter.
R.I. Gen. Laws § 45-32-49 — RI Code / Title 45 / Chapter 45-32 / Section 45-32-49
§ 45-32-49. Guarantee and acceptance of responsibility by community.
Status: in_force

(a) Any community, for the purpose of aiding in the undertakings authorized by § 45-32-48, notwithstanding any other provisions of the general laws, has the power and right to assume the responsibility for and to guarantee repayment of any loan made to an agency by private financial institutions or the federal government on terms and conditions that it may deem proper and to bear any loss which may arise as the result of the acquisition of the real property, all administrative costs and other payments relating thereto, including the management thereof, the actual sums disbursed to the occupants for relocation expenses (notwithstanding the limitation in amount imposed by § 45-31-27), the demolition and removal of buildings or structures on the real property, and the clearance and improvement of the land so acquired, in the event the redevelopment plan for the project is not approved or is amended to omit any or all property, or is abandoned for any reason.

(b) No guarantee or responsibility shall be executed or assumed by any community until the legislative body of the community has passed an ordinance specifically authorizing the assumption of a guarantee and acceptance of responsibility.

(c) Before passing an ordinance, the legislative body of the community or its committee to which the proposed ordinance has been referred, shall hold a public hearing after giving notice of the date, time, place, and purpose.

(d) The notices shall be published not less than once a week for three (3) successive weeks prior to the hearing in a newspaper of general circulation published in the community or, if no newspaper is published in a community, then in a newspaper of general circulation in the community.

(e) At the public hearing, all interested persons or agencies shall have an opportunity to be heard and to submit communications in writing. The public hearing may be held jointly with the hearing required under § 45-32-4 and/or with the hearing required under § 45-32-11 if the legislative body so directs.
R.I. Gen. Laws § 45-63-5 — RI Code / Title 45 / Chapter 45-63 / Section 45-63-5
§ 45-63-5. Adjustment of special assessment.
Status: in_force

Upon petition of the owner of a lot of land of irregular shape or which is unduly above or below grade or which for any other reason is deemed to be inequitably charged or assessed under this chapter, the town council may adjust the charge or assessment on such lot or exempt such lot from such charge or assessment.
R.I. Gen. Laws § 45-54-26 — RI Code / Title 45 / Chapter 45-54 / Section 45-54-26
§ 45-54-26. Inconsistent provisions.
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any charter or other law or ordinance, general, special, or local, or of any rule or regulation of the state or any municipality, the provisions of this chapter are controlling.