| 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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