2024 -- S 3000 | |
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LC005870 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND | |
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Introduced By: Senator Dawn M. Euer | |
Date Introduced: April 16, 2024 | |
Referred To: Senate Judiciary | |
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 planning board approval of the permitting authority |
5 | of agreements for the completion of all required public improvements prior to final plan approval |
6 | in the form of (1) completion of actual construction of all improvements, (2) improvement |
7 | guarantees, or (3) combination thereof. |
8 | (b) Where improvements are constructed without a financial guarantee, the work is to be |
9 | completed prior to final approval. All construction shall be inspected by the appropriate town staff |
10 | or agents in a timely manner and approved under the direction of by the administrative officer and |
11 | according to local regulations. |
12 | (c) Improvement guarantees shall be in an amount and with all necessary conditions to |
13 | secure for the municipality the actual construction and complete installation of all the required |
14 | improvements, within the period specified by the planning board permitting authority. The amount |
15 | shall be based on actual cost estimates for all required public improvements and these estimates |
16 | shall be reviewed and approved by the planning board permitting authority. The board permitting |
17 | authority may fix the guarantee in a reasonable amount in excess of the estimated costs to anticipate |
18 | for economic or construction conditions. Local regulations may include provisions for the review |
19 | and/or upgrade of guarantees. |
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1 | (d) The security shall be in the form forms of a financial instrument acceptable to the |
2 | approving authority instruments set forth in local regulations and shall enable the municipality to |
3 | gain timely access to the secured funds, for cause. The local regulations shall provide at least three |
4 | (3) acceptable forms of financial security and the approving authority shall not limit the security to |
5 | one specific form of the acceptable forms set forth in the local regulations. |
6 | (e) The local regulations shall establish procedures for the setting of improvement |
7 | guarantee amounts, for inspections of improvements, for acceptance of improvements by the |
8 | municipality and for the release of the improvement guarantees to the applicant. Procedures may |
9 | include provisions for partial releases of the guarantees as stages of the improvements are |
10 | completed, inspected and approved under the coordination of by the administrative officer and |
11 | reported to the planning board permitting authority. |
12 | (f) In the cases of developments and subdivisions which are being approved and |
13 | constructed in phases, the planning board permitting authority shall specify improvement guarantee |
14 | requirements related to each particular phase. |
15 | (g) The planning board permitting authority may also require maintenance guarantees to |
16 | be provided for a one year period subsequent to completion, inspection and acceptance of the |
17 | improvement(s) unless there are extenuating circumstances. Such maintenance guarantee shall not |
18 | exceed ten (10%) percent of the original guarantee amount. |
19 | (h) Procedures for the acceptance of required improvements shall stipulate that all |
20 | improvements, once inspected and approved, shall be accepted by the municipality or other |
21 | appropriate municipal agency for maintenance and/or part of the municipal system. |
22 | (i) The municipality is granted the power to enforce the guarantees by all appropriate legal |
23 | and equitable remedies. |
24 | SECTION 2. This act shall take effect upon passage. |
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LC005870 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND | |
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1 | This act would provide amendments relative to the permitting authority of, and acceptable |
2 | forms of financial security permissible for construction and/or improvement guarantees relating to |
3 | the completion of required public improvements. |
4 | This act would take effect upon passage. |
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LC005870 | |
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