Rhode Island General Laws
Chapter 45-24 - Zoning Ordinances
Section 45-24-46.2. - Special provisions — Transfer of development rights — North Kingstown.

§ 45-24-46.2. Special provisions — Transfer of development rights — North Kingstown.
(a) In addition to other powers granted to towns and cities by this chapter to establish and administer transfer of development rights programs, the town council of the town of North Kingstown may provide by ordinance for the transfer of development rights, as a voluntary program available to developers and property owners, in the manner set forth in this section.
(b) The establishment, as provided for by this section, of a system for transfer of development rights within or between zoning districts, or a portion thereof, designated in the zoning ordinance shall be:
(1) For the purpose of providing developers and property owners the ability to establish, certify, purchase, sell, convey, and/or hold land development rights; and
(2) For one or more of the following purposes:
(i) Preserving sensitive resource areas in the community such as groundwater reserves, wildlife habitat, agricultural lands, and public access to surface waters;
(ii) Directing development away from sensitive resource areas to places better suited to increased levels of development such as established or proposed mixed use, commercial, village, or residential centers;
(iii) Directing development to areas served by existing infrastructure such as established roadways, public water supply systems, centralized sewer collection systems, public transit and other utilities; or
(iv) Shaping and balancing urban and rural development; and/or promoting a high level of quality in design in the development of private and public facilities and spaces.
(c) For purposes of this section the following terms shall have the following meaning:
(1) “Receiving area district” means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or portions thereof that is eligible to receive development rights through a major land development project review. As may be necessary or desirable to achieve the intended uses, density and intensity of use, a receiving area district may allow for additional development capacity and for increased lot building coverage and building envelope that are greater than those of the underlying zoning.
(2) “Sending area district” means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or a portion thereof, that is eligible to establish development rights that may eventually be transferred to a receiving area.
History of Section.P.L. 2010, ch. 194, § 1; P.L. 2010, ch. 228, § 1.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 45 - Towns and Cities

Chapter 45-24 - Zoning Ordinances

Section 45-24-1 - — 45-24-26. Repealed.

Section 45-24-27. - Title.

Section 45-24-28. - Continuation of ordinances — Supercession — Relation to other statutes.

Section 45-24-29. - Legislative findings and intent.

Section 45-24-30. - General purposes of zoning ordinances.

Section 45-24-31. - Definitions.

Section 45-24-32. - Contents of zoning ordinances.

Section 45-24-33. - Standard provisions.

Section 45-24-34. - General provisions — Purpose and consistency with comprehensive plan.

Section 45-24-35. - General provisions — Definitions.

Section 45-24-36. - General provisions — Division into districts.

Section 45-24-37. - General provisions — Permitted uses.

Section 45-24-38. - General provisions — Substandard lots of record.

Section 45-24-39. - General provisions — Nonconforming development.

Section 45-24-40. - General provisions — Alteration of nonconforming development.

Section 45-24-41. - General provisions — Variances.

Section 45-24-42. - General provisions — Special-use permits.

Section 45-24-43. - General provisions — Special conditions.

Section 45-24-44. - General provisions — Creation of vested rights.

Section 45-24-45. - General provisions — Publication and availability of zoning ordinances.

Section 45-24-46. - Special provisions — Modification.

Section 45-24-46.1. - Inclusionary zoning.

Section 45-24-46.2. - Special provisions — Transfer of development rights — North Kingstown.

Section 45-24-46.3. - Special provisions — Transfer of development rights — Exeter.

Section 45-24-46.4. - Special provisions — Unified development review.

Section 45-24-46.5. - Special provisions — Emergency declaration modifications.

Section 45-24-47. - Special provisions — Land development projects.

Section 45-24-48. - Special provisions — Preapplication conference.

Section 45-24-49. - Special provisions — Development plan review.

Section 45-24-50. - Adoption — Power of council to adopt — Consistency with comprehensive plan.

Section 45-24-51. - Adoption — Procedure for adoption or amendment.

Section 45-24-52. - Adoption — Review by planning board or commission.

Section 45-24-53. - Adoption — Notice and hearing requirements.

Section 45-24-54. - Administration — Administration and enforcement of zoning ordinance.

Section 45-24-55. - Administration — Maintenance of zoning ordinance.

Section 45-24-56. - Administration — Zoning board of review — Establishment and procedures. [Effective until January 1, 2023.]

Section 45-24-57. - Administration — Powers and duties of zoning board of review. [Effective until January 1, 2023.]

Section 45-24-58. - Administration — Application procedure.

Section 45-24-59. - Administration — Fees.

Section 45-24-60. - Administration — Violations.

Section 45-24-61. - Administration — Decisions and records of zoning board of review.

Section 45-24-61.1. - Procedure — Tolling of expiration periods.

Section 45-24-62. - Administration — Judicial aid in enforcement.

Section 45-24-63. - Appeals — Right of appeal.

Section 45-24-64. - Appeals — Appeals to zoning board of review.

Section 45-24-65. - Appeals — Stay of proceedings.

Section 45-24-66. - Appeals — Public hearing by zoning board of review.

Section 45-24-67. - Appeals — Participation in zoning hearing.

Section 45-24-68. - Appeals — Decisions and records of zoning board of review.

Section 45-24-69. - Appeals — Appeals to superior court.

Section 45-24-69.1. - Appeals — Notice of appeals to superior court.

Section 45-24-70. - Appeals — Priority in judicial proceedings.

Section 45-24-71. - Appeals — Appeal of enactment of or amendment to zoning ordinance.

Section 45-24-72. - Severability.

Section 45-24-73. - Consistent statewide treatment of accessory dwelling units required.

Section 45-24-74. - Additional zoning provisions for applications for accessory dwelling units.

Section 45-24-75. - Accessory dwelling units which may be counted towards low- and moderate-income housing.

Section 45-24-76. - Accessory dwelling units annual reporting.