Introduced By: Representatives Long, Amaral, C. Levesque and Garvey
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 24-8-34 of the General Laws in Chapter 24-8 entitled "Construction and Maintenance of State Roads" is hereby amended to read as follows:
24-8-34. Regulation of access. -- (a) The legislature recognizes the need for the director of the department of transportation to establish and maintain the safe condition and integrity of state roads. Accordingly, the director is authorized to regulate direct vehicle access to state roads in situations whereby access may reasonably tend to affect the safe condition and integrity of state roads. This includes the authority to regulate the type, location, and width of roadways and driveways at their intersection with state highways and the authority to regulate construction within state highway right-of-ways.
(b) Requests for access must be made in writing {ADD to the director, the local planning board and the chief elected or appointed official in a city or town at the same time and ADD} in a manner prescribed by the director. The director shall promulgate rules and regulations which prescribe the conditions under which requests will be granted. These rules and regulations shall apply prospectively and shall be based on accepted engineering and construction standards.
(c) The director {DEL shall DEL} {ADD may ADD} provide written
notice {ADD and comments on the proposed access or alterations ADD}
to the planning board {ADD and the chief elected or appointed official ADD}
of the city or town in which the state highway is located for
all commercial {ADD and residential ADD} physical alteration permit
applications filed with the department and shall afford the planning
board {ADD and the chief elected or appointed official of the city
or town with ADD} the ability to provide written comments on the
request.
SECTION 2. 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. Other duties of a planning board or commission. -- (a) 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 shall 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.
(11) Economic development.
(b) 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.
(c) A planning board or commission shall submit an advisory opinion and recommendation on all zoning matters referred to it under the provisions of the city or town zoning ordinance and shall report on any other matter referred to it, by the city or town council, the chief executive, or the appointing authority.
(d) A planning board or commission shall perform such other duties as 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.
(e) A planning board or commission shall have 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.
{ADD (f) Each planning board or commission shall adopt a provision requiring any person who will be required to file a request for access pursuant to section 24-8-34 to file such request not later than the day on which such person files any document in connection with the project in question with the applicable town or city, and provide a copy of such request to such town or city. ADD}
SECTION 3. This act shall take effect upon passage.
