reglab/housing_qa huggingface dataset:
RI Gen L § 45-22.4-3 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-22.4 - Rhode Island Development Impact Fee Act|Section 45-22.4-3 - Definitions.

§ 45-22.4-3. Definitions.As used in this chapter, the following words have the meanings stated in this section:(1) "Capital improvements" means improvements with a useful life of ten (10) years or more, which increases or improves the service capacity of a public facility;(2) "Capital improvement program" means that component of a municipal budget that sets out the need for public facility capital improvements, the costs of the improvements, and proposed funding sources. A capital improvement program must cover at least a five (5) year period and should be reviewed at least every five (5) years;(3) "Developer" means a person or legal entity undertaking development;(4) "Governmental entity" means a unit of local government;(5) "Impact fee" means the charge imposed upon new development by a governmental entity to fund all or a portion of the public facility's capital improvements affected by the new development from which it is collected;(6) "Proportionate share" means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the project; and(7) "Public facilities" means:(i) Water supply production, treatment, storage, and distribution facilities;(ii) Wastewater and solid waste collection, treatment, and disposal facilities;(iii) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;(iv) Storm water collection, retention, detention, treatment, and disposal facilities, flood control facilities, bank and shore projections, and enhancement improvements;(v) Parks, open space areas, and recreation facilities;(vi) Police, emergency medical, rescue, and fire protection facilities;(vii) Public schools and libraries; and(viii) Other public facilities consistent with a community's capital improvement program.History of Section.P.L. 2000, ch. 508, § 1.
RI Gen L § 45-22.4-4 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-22.4 - Rhode Island Development Impact Fee Act|Section 45-22.4-4 - Calculation of impact fees.

§ 45-22.4-4. Calculation of impact fees.(a) The governmental entity considering the adoption of impact fees shall conduct a needs assessment for the type of public facility or public facilities for which impact fees are to be levied. The needs assessment shall identify levels of service standards, projected public facilities capital improvements needs, and distinguish existing needs and deficiencies from future needs. The findings of this document shall be adopted by the local governmental entity. In order for a municipality to continue assessing and collecting impact fees, a needs assessment shall be conducted every five (5) years.(b) The data sources and methodology upon which needs assessments and impact fees are based shall be made available to the public upon request.(c) The amount of each impact fee imposed shall be based upon actual cost of public facility expansion or improvements, or reasonable estimates of the cost, to be incurred by the governmental entity as a result of new development, as set forth in the needs assessment. The calculation of each impact fee shall be in accordance with generally accepted accounting principles.(d) An impact fee shall meet the following requirements:(1) The amount of the fee must be reasonably related to or reasonably attributable to the development's share of the cost of infrastructure improvements made necessary by the development; and(2) The impact fees imposed must not exceed a proportionate share of the costs incurred or to be incurred by the governmental entity in accommodating the development. The following factors shall be considered in determining a proportionate share of public facilities capital improvement costs:(i) The need for public facilities' capital improvements required to serve new development, based on a capital improvements program that shows deficiencies in capital facilities serving existing development, and the means, other than impact fees, by which any existing deficiencies will be eliminated within a reasonable period of time, and that shows additional demands anticipated to be placed on specified capital facilities by new development; and(ii) The extent to which new development is required to contribute to the cost of system improvements in the future.History of Section.P.L. 2000, ch. 508, § 1; P.L. 2017, ch. 49, § 1; P.L. 2017, ch. 57, § 1.
RI Gen L § 45-22.4-6 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-22.4 - Rhode Island Development Impact Fee Act|Section 45-22.4-6 - Refund of impact fees.

§ 45-22.4-6. Refund of impact fees.(a) If impact fees are not expended or encumbered within the period established in § 45-22.4-5, the governmental entity shall refund to the fee payer or his or her successors the amount of the fee paid and accrued interest. The governmental entity shall send the refund to the fee payer at the last known address by certified mail within one year of the date on which the right to claim refund arises. Should the mailing of the fee be returned, the municipality shall make every effort to obtain a new address for the fee payer, including a search of the public records, the secretary of state's database, and the database for the contractors' registration and licensing board. All refunds due and not claimed within one year shall be forwarded to the state treasurer's office for inclusion in the unclaimed property fund.(b) When a governmental entity seeks to terminate any or all impact fee requirements, all unexpended or unencumbered funds shall be refunded as provided above. Upon the finding that any or all fee requirements are to be terminated, the governmental entity shall place a notice of termination and availability of refunds in a newspaper of general circulation in the community at least two (2) times. All funds available for refund shall be retained for a period of one year. All refunds not claimed within one year shall be forwarded to the state treasurer's office for inclusion in the unclaimed property fund.History of Section.P.L. 2000, ch. 508, § 1; P.L. 2017, ch. 49, § 1; P.L. 2017, ch. 57, § 1.
RI Gen L § 45-22.4-7 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-22.4 - Rhode Island Development Impact Fee Act|Section 45-22.4-7 - Compliance.

§ 45-22.4-7. Compliance.No later than two (2) years after July 22, 2000, governmental entities shall conform all impact fee ordinances existing on July 22, 2000 to the provisions of this chapter.History of Section.P.L. 2000, ch. 508, § 1; P.L. 2009, ch. 310, § 53.
RI Gen L § 45-22.4-8 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-22.4 - Rhode Island Development Impact Fee Act|Section 45-22.4-8 - Adoption of impact fees.

§ 45-22.4-8. Adoption of impact fees.Impact fees shall be adopted by ordinance and the adoption of an impact fee ordinance or amendment to that ordinance shall be by affirmative vote of not less than a majority of the total membership of the governing body in attendance at the meeting, in the manner prescribed by law.History of Section.P.L. 2000, ch. 508, § 1.
RI Gen L § 45-22.4-9 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-22.4 - Rhode Island Development Impact Fee Act|Section 45-22.4-9 - Severability.

§ 45-22.4-9. Severability.If any portion of this chapter or any rule, regulation, or determination made under this chapter, or the application of this chapter to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or determination and the application of those provisions to other persons, agencies, or circumstances shall not be affected. The invalidity of any section or sections, or parts of any section or sections of this chapter, shall not affect the validity of the remainder of this chapter.History of Section.P.L. 2000, ch. 508, § 1.
RI Gen L § 45-23-1 - 45-23-24 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-1 - 45-23-24 - Repealed.

§ 45-23-1 — 45-23-24. Repealed.
RI Gen L § 45-23-25 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-25 - Title.

§ 45-23-25. Title.Sections 45-23-25 — 45-23-74 shall be known as the "Rhode Island Land Development and Subdivision Review Enabling Act of 1992". The short title shall be the "Development Review Act".History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-26 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-26 - Requirement in all municipalities.

§ 45-23-26. Requirement in all municipalities.(a) Every municipality in the state shall adopt land development and subdivision review regulations, referred to as local regulations in this chapter, which comply with all the provisions of this chapter.(b) All municipalities shall establish the standard review procedures for local land development and subdivision review and approval as specified in this chapter. The procedures are intended to provide thorough, orderly, and expeditious processing of development project applications.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-27 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-27 - Applicability.

§ 45-23-27. Applicability.(a) Sections 45-23-25 — 45-23-74 and all local regulations are applicable in all of the following instances:(1) In all cases of subdivision of land, including re-subdivision, as defined in § 45-23-32, all provisions of §§ 45-23-25 — 45-23-74 apply;(2) In all cases of land development projects, as provided for in § 45-24-47 of the Zoning Enabling Act of 1991, where a municipality has allowed for the land development projects in its local zoning ordinance; and/or(3) In all cases of development plan review, as provided for in § 45-24-49 of the Zoning Enabling Act of 1991, where a municipality has established, within their zoning ordinance, the procedures for planning board review of applications.(b) Plats required.(1) All activity defined as subdivision requires a new plat, drawn to the specifications of the local regulations, and reviewed and approved by the planning board or its agents as provided in this chapter; and(2) Prior to recording, the approved plat shall be submitted for signature and recording as specified in § 45-23-64.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-28 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-28 - Continuation of ordinances - Supersession - Relation to other statutes.

§ 45-23-28. Continuation of ordinances — Supersession — Relation to other statutes.(a) Any land development and subdivision review ordinance, regulation or rule, or amendment, enacted after December 31, 1994 shall conform to the provisions of this chapter. All lawfully adopted land development and subdivision review ordinances, regulations, and rules shall be brought into conformance with this chapter by December 31, 1995.(b) All subdivision ordinances, regulations or rules adopted under authority of §§ 45-23-1 through 45-23-24, or any special subdivision enabling act that is in effect on July 21, 1992 remains in full force and effect until December 31, 1995, unless amended earlier so as to conform to the provisions of this chapter.(c) Sections 45-23-1 through 45-23-24 and all special subdivision enabling acts in effect on July 21, 1992 are repealed effective December 31, 1995.(d) Nothing contained in this chapter and no local ordinance, rule or regulation adopted under this chapter impairs the validity of any plat legally recorded prior to the effective date of the ordinance, rule or regulation.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1993, ch. 36, §§ 1, 2; P.L. 1993, ch. 144, §§ 1, 2; P.L. 1994, ch. 92, § 2; P.L. 2009, ch. 310, § 54.
RI Gen L § 45-23-30 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-30 - General purposes of land development and subdivision review ordinances, regulations and rules.

§ 45-23-30. General purposes of land development and subdivision review ordinances, regulations and rules.Land development and subdivision review ordinances, regulations and rules shall be developed and maintained in accordance with this chapter and with a comprehensive plan which complies with chapter 22.2 of this title and a zoning ordinance which complies with § 45-24-27 et seq. Local regulations shall address the following purposes:(1) Providing for the orderly, thorough and expeditious review and approval of land developments and subdivisions;(2) Promoting high quality and appropriate design and construction of land developments and subdivisions;(3) Promoting the protection of the existing natural and built environment and the mitigation of all significant negative impacts of any proposed development on the existing environment;(4) Promoting design of land developments and subdivisions which are well-integrated with the surrounding neighborhoods with regard to natural and built features, and which concentrate development in areas which can best support intensive use by reason of natural characteristics and existing infrastructure;(5) Encouraging local design and improvement standards to reflect the intent of the community comprehensive plans with regard to the physical character of the various neighborhoods and districts of the municipality;(6) Promoting thorough technical review of all proposed land developments and subdivisions by appropriate local officials;(7) Encouraging local requirements for dedications of public land, impact mitigation, and payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and administered; and(8) Encouraging the establishment and consistent application of procedures for local record-keeping on all matters of land development and subdivision review, approval and construction.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-31 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-31 - Purpose and consistency with comprehensive plan, zoning ordinance and other local land use regulations.

§ 45-23-31. Purpose and consistency with comprehensive plan, zoning ordinance and other local land use regulations.(a) Local regulations adopted pursuant to this chapter shall provide a statement of purposes. These purposes shall be consistent with purposes stated in chapters 22.2 and 24 of this title concerning comprehensive plans and zoning ordinances, respectively, as well as with § 45-23-30. The local regulations shall also be consistent with the adopted local comprehensive plan, local zoning ordinance and all other duly adopted local development regulations.(b) In the instance of uncertainty in the construction or application of any section of the local regulations, the local regulations shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan. Furthermore, the local regulations shall be construed in a manner which is consistent with the legislative findings, intents, and purposes of §§ 45-23-25 — 45-23-74.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-33 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-33 - General provisions - Required contents of local regulations.

§ 45-23-33. General provisions — Required contents of local regulations.The local regulations consist of the regulations and other text, together with charts, graphs, appendices and other explanatory material. All local regulations include, at a minimum, the elements listed below and as further described in this chapter:(1) Statement of enabling authority for land development and subdivision derived from § 45-23-25 et seq.;(2) Statement of the city or town enabling ordinance as specified in § 45-23-51;(3) Statement of purpose and consistency with the comprehensive plan, the zoning ordinance and other federal, state and local land use regulations;(4) Definitions;(5) General provisions;(6) Special provisions;(7) Procedures for review and approval of plats and plans;(8) Procedures for recording of plats and plans;(9) Procedures for guarantees of public improvements;(10) Procedures for waivers and modifications;(11) Procedures for enforcement and penalties;(12) Procedures for the adoption of the regulations and amendments;(13) Procedures for the administration of the regulations and amendments;(14) Procedures for appeals;(15) Design and public improvement standards for all districts within the municipality;(16) Construction specifications for improvement standards; and(17) Specification of all application documents and other documents to be submitted.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-34 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-34 - General provisions - Definitions.

§ 45-23-34. General provisions — Definitions.Local regulations adopted pursuant to this chapter shall provide definitions for words or phrases contained in the regulations as is deemed appropriate. Where words or phrases used in any local regulations, whether or not defined in those regulations, are substantially similar to words or phrases defined in § 45-23-32 of this chapter, or § 45-22.2-4 of the Comprehensive Planning and Land Use Act or § 45-24-31 of the Zoning Enabling Act of 1991 the words or phrases shall be construed according to the definitions provided in those sections of the law.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-35 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-35 - General provisions - Pre-application meetings and concept review.

§ 45-23-35. General provisions — Pre-application meetings and concept review.(a) One or more pre-application meetings shall be held for all major land development or subdivision applications. Pre-application meetings may be held for administrative and minor applications, upon request of either the municipality or the applicant. Pre-application meetings allow the applicant to meet with appropriate officials, boards and/or commissions, planning staff, and, where appropriate, state agencies, for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.(b) At the pre-application stage the applicant may request the planning board or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide planning board or technical review committee input in the formative stages of major subdivision and land development concept design.(c) Applicants seeking a pre-application meeting or an informal concept review shall submit general, conceptual materials in advance of the meeting(s) as requested by municipal officials.(d) Pre-application meetings aim to encourage information sharing and discussion of project concepts among the participants. Pre-application discussions are intended for the guidance of the applicant and are not considered approval of a project or its elements.(e) Provided that at least one pre-application meeting has been held for major land development or subdivision application or sixty (60) days has elapsed from the filing of the pre-application submission and no pre-application meeting has been scheduled to occur within those sixty (60) days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with § 45-23-36.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1.
RI Gen L § 45-23-36 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-36 - General provisions - Application for development and certification of completeness.

§ 45-23-36. General provisions — Application for development and certification of completeness.(a) Classification. The administrative officer shall advise the applicant as to which approvals are required and the appropriate board for hearing an application for a land development or subdivision project. The following types of applications, as defined in § 45-23-32, may be filed:(1) Administrative subdivision;(2) Minor subdivision or minor land development plan; and(3) Major subdivision or major land development plan.(b) Certification of a complete application. An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Every certification of completeness required by this chapter shall be in writing. In the event the certification of the application is not made within the time specified in this chapter for the type of plan, the application is deemed complete for purposes of commencing the review period unless the application lacks information required for these applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.(c) Notwithstanding subsections (a) and (b) of this section, the planning board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.(d) Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review is stayed and resumes when the administrative officer or the planning board determines that the required application information is complete.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1.