AN ACT RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND (Requires that in the town of Coventry, local regulations shall require approval of the permitting authority for both private and public improvements prior to final plan approval.)

H8416

2026 -- H 8416
========
LC006283
========

STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

Introduced By:
Representative Patricia A. Serpa

Date Introduced:
April 08, 2026

Referred To:
House Municipal Government & Housing
It is enacted by the General Assembly as follows:
1
SECTION 1. Section 45-23-46 of the General Laws in Chapter 45-23 entitled "Subdivision
2
of Land" is hereby amended to read as follows:
3

45-23-46. General provisions — Construction and/or improvement guarantees.
4
(a) The local regulations shall require approval of the permitting authority of agreements
5
for the completion of all required public improvements prior to final plan approval in the form of:
6
(1) Completion of actual construction of all improvements; (2) Improvement guarantees; or (3)
7
Combination thereof.
As to the town of Coventry, the local regulations shall require approval of
8
the permitting authority of agreements for the completion of all required public and private
9
improvements prior to final plan approval in the form of:
10

(1) Completion of actual construction of all improvements;
11

(2) Improvement guarantees; or
12

(3) Combination thereof.
13
(b) Where improvements are constructed without a financial guarantee, the work is to be
14
completed prior to final approval. All construction shall be inspected by the appropriate town staff
15
or agents in a timely manner and approved under the direction of the administrative officer and
16
according to local regulations.
17
(c) Improvement guarantees shall be in an amount and with all necessary conditions to
18
secure for the municipality the actual construction and complete installation of all the required
19
improvements, within the period specified by the permitting authority. The amount shall be based

1
on actual cost estimates for all required public improvements and these estimates shall be reviewed
2
and approved by the permitting authority. The permitting authority may fix the guarantee in a
3
reasonable amount in excess of the estimated costs to anticipate for economic or construction
4
conditions. Local regulations may include provisions for the review and/or upgrade of guarantees.
5
(d) The security shall be in the forms of financial instruments set forth in local regulations
6
and shall enable the municipality to gain timely access to the secured funds, for cause. The local
7
regulations shall provide at least three (3) acceptable forms of financial security and the approving
8
authority shall not limit the security to one specific form of the acceptable forms set forth in the
9
local regulations.
10
(e) The local regulations shall establish procedures for the setting of improvement
11
guarantee amounts; for inspections of improvements; for acceptance of improvements by the
12
municipality; and for the release of the improvement guarantees to the applicant. Procedures may
13
include provisions for partial releases of the guarantees as stages of the improvements are
14
completed, inspected, and approved under the coordination of the administrative officer and
15
reported to the permitting authority.
16
(f) In the cases of developments and subdivisions that are being approved and constructed
17
in phases, the permitting authority shall specify improvement guarantee requirements related to
18
each particular phase.
19
(g) The permitting authority may also require maintenance guarantees to be provided for a
20
one-year period subsequent to completion, inspection, and acceptance of the improvement(s) unless
21
there are extenuating circumstances. Such maintenance guarantee shall not exceed ten percent
22
(10%) of the original guarantee amount, or the original cost of the public improvements if no
23
guarantee was required.
24
(h) Procedures for the acceptance of required improvements shall stipulate that all
25
improvements, once inspected and approved, shall be accepted by the municipality or other
26
appropriate municipal agency for maintenance and/or part of the municipal system.
27
(i) The municipality is granted the power to enforce the guarantees by all appropriate legal
28
and equitable remedies.
29
SECTION 2. This act shall take effect upon passage.
========
LC006283
========

LC006283 - Page 2 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND
***
1
This act would require that in the town of Coventry, local regulations shall require approval
2
of the permitting authority for both private and public improvements prior to final plan approval.
3
This act would take effect upon passage.
========
LC006283
========

LC006283 - Page 3 of 3