Middletown planning committee adopts subdivision rule changes, refers zoning amendments to council

The Town of Middletown Planning Committee voted to adopt proposed amendments to the town's subdivision and land development regulations that implement changes made by the 2024 session of the Rhode Island General Assembly and referred separate zoning-ordinance amendments to the Town Council with positive recommendations.

The committee's action covers three legislative updates identified in the staff memo as House bills H-79-49, H-79-50 and H-79-82. Town Planner Ron (name as recorded in the meeting) summarized the changes and told the board they are largely procedural, updating notice, application-review and performance-security provisions and removing municipal wetlands and septic setbacks now preempted by state law. "These amendments come out of the 2024 session of the General Assembly," Ron said, adding the revisions clarify which types of applications the administrative officer may now approve.

Why it matters: the adopted text brings local regulations into conformity with new state statutes, clarifies when the administrative officer (rather than the planning board) can act, and specifies acceptable forms of performance security for incomplete public improvements. The changes also delete a town septic setback provision that the planner said the town no longer may impose under the 2024 law.

Key points adopted and referred - Public-notice and application-review procedures were updated to match state statute changes in H-79-49. Ron explained the updates include clarified newspaper-notice requirements and streamlined handling of nonconforming lots. - Performance-security rules (H-79-50) were revised to explicitly list three acceptable security types: a performance bond, cash, or a mortgage/deed instrument. The planner said those three options satisfy the statute's requirement to identify acceptable security types. - Wetlands and on-site wastewater setback requirements were removed where state law now controls (H-79-82); definitions were updated to reference DEM and CRMC rules.

The committee closed the required public hearing on the regulations and voted to adopt the proposed rule changes; it then voted to forward the adopted regulations and the related zoning-ordinance amendments to the Town Council with a positive recommendation. Votes were by voice; the record shows the motions carried and the board directed staff to forward the materials for council action.

The planning committee also discussed how the proportionality calculation for nonconforming-lot setbacks will now often be replaced by applying the dimensional standards of the next lower zoning district when that is available. "If you have a 25,000-square-foot lot in an R-30 district, you would apply the R-20 setbacks," Ron said, summarizing the practical effect for building officials.

The committee did not alter the substantive changes drafted by staff; members said the edits mainly update town procedures to match state law. The referral to the Town Council starts the next step in the local adoption process.