§ 45-22.2-13 - Compliance. - Rhode Island Statutes

SECTION 45-22.2-13

   § 45-22.2-13  Compliance. – (a) In the event a municipality fails to submit a comprehensive plan inaccordance with the provisions of this chapter, or the director disapproves acomprehensive plan and that decision is affirmed by the board, the directorshall then prepare, and the state comprehensive plan appeals board adopt, forthe municipality in question, a comprehensive plan which satisfies therequirements of this chapter.

   (b) The comprehensive plan appeals board shall adopt a planwithin one hundred eighty (180) days of the decision of the board unless themunicipality appeals the decision of the board within thirty (30) days to thesupreme court. The municipality is responsible for the administration andenforcement of the plan.

   (c) For those municipalities with comprehensive plansapproved pursuant to this chapter all municipal land use decisions shall be inconformance with the approved municipal comprehensive plan.

   (d) For communities with municipally adopted comprehensiveplans which have not received state approval pursuant to this chapter, thesemunicipalities shall conform their land use decisions to the locally adoptedcomprehensive plan until the time state approval is granted.

   (e) Nothing in the chapter shall be deemed to precludemunicipalities from imposing limitations on the number of building permits orother land use approvals to be issued at any time, provided such limitationsare consistent with the municipality's comprehensive plan in accordance withthis chapter and are based on a reasonable, rational assessment of themunicipality's sustainable capacity for growth.

   (2) In the event of a dire emergency not reasonablyforeseeable as part of the comprehensive planning process, a municipality mayimpose a limitation on the number of building permits or other land useapprovals to be issued at any time, provided that such limitation is reasonablynecessary to alleviate the emergency and is limited to the time reasonablynecessary to alleviate the emergency.