2022 -- H 8065

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LC005641

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     

     Introduced By: Representative Blake Anthony Filippi

     Date Introduced: March 30, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

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amended by adding thereto the following section:

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     45-2-54.1. Regulation of excavation activity in the town of Charlestown.

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     (a) The town of Charlestown is hereby authorized to impose upon any excavation activity

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within the town, including all such activity on rights of way and such activity on private lands, such

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permit requirements and to promulgate regulations as are necessary to:

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     (1) Ensure proper review of the excavation plans by town authorities;

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     (2) Require such excavation to be conducted with minimum disturbance to surrounding

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lands; and

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     (3) Ensure the health and safety of town residents.

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     (b) The town of Charlestown is further authorized to require excavation activity permits

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including completion bonds or insurance, if necessary, to guarantee the return of an excavated area

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to the conditions stipulated in the permit process.

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     (c) As used in this section, the term "excavate" and variations thereof shall have the same

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meaning as defined in the model ordinance for soil erosion and sediment control set forth in ยง 45-

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46-5.

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     (d) Subsections (a), (b), and (c) of this section shall not apply to any department, division

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or agency of the State of Rhode Island.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

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     This act would permit the town of Charlestown to impose upon any excavation activity

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within the town, permit requirements and to promulgate regulations necessary to ensure proper

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review of the excavation plans by town authorities and ensure the health and safety to town

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residents, and to require such excavation activity be conducted with minimum disturbance to

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surrounding lands.

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     This act would take effect upon passage.

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