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Middletown planning board adopts land‑development rule changes required by 2024 state laws
Summary
The Town of Middletown Planning Board voted to adopt amendments to its subdivision and land‑development regulations to align local procedures with three bills passed by the 2024 Rhode Island General Assembly. The board closed the public hearing, approved the draft regulations and forwarded them to the Town Council with a positive recommendation.
The Town of Middletown Planning Board on Jan. 8 adopted a set of amendments to the town—s subdivision and land‑development regulations intended to bring local rules into alignment with changes made by the Rhode Island General Assembly in 2024.
The board—s vote followed a planner presentation summarizing three bills: H 7949 (procedural and notice changes and unified review), H 7950 (performance security forms and procedures) and H 7982 (restrictions on municipal wetland setback requirements and related definition updates). The public hearing was opened, no members of the public spoke, and the board voted to close the hearing, adopt the regulation changes and forward a positive recommendation to the Town Council.
Key changes described by the planner include clarified public‑notice procedures, updated definitions and procedures for major and minor land‑development review, a statutory list of acceptable performance security types (performance bond, cash, mortgage deed) and deletion of a local septic/wetland setback section that state law now preempts. The planner said the amendments also reflect a shift of some decision authority to the administrative officer for certain application types.
Board members asked procedural questions about how the changes affect setback calculations on nonconforming lots and sought clarity on which applications remain subject to planning‑board review versus administrative approval. The planner provided examples showing when a lower zoning district—s dimensional requirements may be applied instead of a proportional calculation for substandard lots, as permitted under the revised state statute.
The board recorded a motion to adopt the proposed amendments to the subdivision and land‑development regulations and to forward those amendments and companion zoning‑ordinance changes to the Town Council with a positive recommendation. Voting was taken by voice; the motion carried.
The amendments and the planner—s supporting memorandum will be sent to the Town Council for ratification and any further action required to update the town code.
