Chapter 403 |
2017 -- H 5042 AS AMENDED Enacted 10/05/2017 |
A N A C T |
RELATING TO TOWNS AND CITIES - LOCAL PLANNING BOARD OR COMMISSION |
Introduced By: Representatives Carson, Donovan, Knight, Craven, and Fogarty |
Date Introduced: January 06, 2017 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 45-22-7 of the General Laws in Chapter 45-22 entitled "Local |
Planning Board or Commission" is hereby amended to read as follows: |
45-22-7. Powers and duties of a planning board or commission. |
(a) A planning board or commission shall have the sole responsibility for performing all |
those acts necessary to prepare a comprehensive plan for a municipality in accordance with the |
provisions of chapter 22.2 of title 45. |
(b) Pursuant to § 45-23-51, a planning board or commission shall be empowered by the |
city or town council, by ordinance, to adopt, modify, and amend regulations and rules governing |
land-development and subdivision projects within that municipality and to control land- |
development and subdivision projects pursuant to those regulations and rules. The planning board |
or commission shall also provide for the administration, interpretation, and enforcement of land- |
development and subdivision review regulations, pursuant to § 45-23-52. |
(c) When directed by the city or town zoning ordinance pursuant to § 45-24-46.4 and the |
city or town land development and subdivision review regulations pursuant to § 45-23-50.1, a |
planning board or commission shall have the power to review and approve, approve with |
conditions, or deny requests for variances and special-use permits submitted as part of land- |
development and subdivision applications. |
(d) A planning board or commission established under the provisions of this chapter |
shall make studies and prepare plans and reports on the needs and resources of the community |
with reference to its physical, economic, and social growth and development as affecting the |
health, safety, morals, and general welfare of the people. The studies, plans, and reports shall |
concern, but not necessarily be limited to, the following: |
(1) Land use and land-use regulation; |
(2) Transportation facilities; |
(3) Public facilities, including recreation areas, utilities, schools, fire stations, police |
stations, and others; |
(4) Blighted areas, including the designation of general areas for redevelopment, |
renewal, rehabilitation, or conservation; |
(5) Problems of housing and the development of housing programs; |
(6) Environmental protection; |
(7) Natural resource conservation; |
(8) Protection from disaster; |
(9) Economic and social characteristics of the population; |
(10) Preservation of historic sites and buildings; and |
(11) Economic development. |
(e) When directed by the city or town council or by the appointing authority, a planning |
board or commission shall prepare an annual capital budget and a comprehensive, long-range |
capital-improvement program for submission to the council, the appointing authority, or other |
designated official or agency. |
(f) A planning board or commission shall submit an advisory opinion and |
recommendation on all zoning matters referred to it by the zoning board of review under the |
provisions of the city or town zoning ordinance and report on any other matter referred to it, by |
the city or town council, the chief executive, or the appointing authority. |
(g) A planning board or commission shall perform any other duties that may be assigned |
to the board or commission, from time to time, by any act of the general assembly or by any |
ordinance, code, regulation order, or resolution of the city or town council or by the appointing |
authority. |
(h) A planning board or commission has authority to call upon other departments, |
boards, and committees of the city or town and upon regional, state, and federal agencies for |
information and assistance necessary to the performance of its duties, and shall cooperate with the |
city or town, regional, state, and federal agencies on matters of community, regional, and state |
planning and development. |
(i) Each planning board or commission must adopt a provision requiring any person who |
will be required to file a request for access pursuant to § 24-8-34 to file that request not later than |
the day on which that person files any document in connection with the project in question with |
the applicable town or city, and to provide a copy of the request to the town or city. |
(j) Each member of a planning board or commission shall participate in training and |
education classes concerning the effects of development in a flood plain and the effects of sea- |
level rise once every two (2) years. Each member shall complete two (2) hours of training in |
order to be certified for the two (2) years required by this subsection. Upon completion of the |
training, the planning board or commission member shall file with the municipal clerk a |
statement asserting that the training course has been completed. |
SECTION 2. This act shall take effect upon passage. |
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LC000060 |
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