Chapter 199

2009 -- H 5686 SUBSTITUTE A

Enacted 11/09/09

A N A C T

RELATING TO TOWNS AND CITIES

Introduced By: Representatives San Bento, DaSilva, Shallcross Smith, and Corvese

Date Introduced: February 25, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Legislative findings. The general assembly hereby finds that the current

economic conditions in the real estate market demonstrate that there is little or no demand for

new construction. In addition, the banking crisis has made it extremely difficult for real estate

developers to obtain financing for new real estate construction. Currently, there are real estate

developers who have expended substantial amounts of money to obtain permits and approvals

from various local and state agencies. Many of the permits and approvals will expire prior to an

improvement in the economy and the financial and banking industries. Therefore, the best long-

term solution is to extend the time by which such permits and approvals will expire until the

marketing and financing conditions improve as to provide an opportunity for such real estate

developers to obtain the financing necessary to complete the projects for which the permits and

approvals were obtained.

SECTION 2. Chapter 45-23 of the General Laws entitled "Subdivision of Land" is

hereby amended by adding thereto the following section:

45-23-63.1. Procedure -- Tolling of expiration periods. – (a) Notwithstanding any other

provision set forth in this chapter, all periods pertaining to the expiration of any approval issued

pursuant to the local regulations promulgated under this chapter shall be tolled until June 30,

2011.

(b) Said tolling need not be recorded in the land evidence records to be valid, however, a

notice of the tolling must be posted in both the municipal planning department, the municipal

clerk's office, and the office of the recorder of deeds.

SECTION 3. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby

amended by adding thereto the following section:

45-24-61.1. Procedure -- Tolling of expiration periods. -- (a) Notwithstanding any

other provision set forth in this chapter, all periods pertaining to the expiration of any approval

issued pursuant to the local ordinances promulgated under this chapter shall be tolled until June

30, 2011.

(b) Said tolling need not be recorded in the land evidence records to be valid, however, a

notice of the tolling must be posted in the municipal planning department, the municipal clerk's

office, and the office of the recorder of deeds.

SECTION 4. Chapter 42-17.1 of the General Laws entitled "Department of

Environmental Management" is hereby amended by adding thereto the following section:

42-17.1-2.5. Tolling of expiration periods. – (a) Notwithstanding any other provision

set forth in this chapter, all periods pertaining to the expiration of any approval or permit issued

pursuant to any state statute or any regulation promulgated thereto pertaining to the development

of property shall be tolled until June 30, 2011.

(b) Said tolling need not be recorded in the land evidence records to be valid, however, a

notice of the tolling must be posted in the municipal planning department, the municipal clerk's

office, and the office of the recorder of deeds.

SECTION 5. Chapter 46-23 of the General Laws entitled "Coastal Resources

Management Council" is hereby amended by adding thereto the following section:

46-23-6.3. Tolling of expiration periods. – (a) Notwithstanding any other provision set

forth in this chapter, all periods pertaining to the expiration of any approval or permit issued

pursuant to any state statute or any regulation promulgated thereto pertaining to the development

of property shall be tolled until June 30, 2011.

(b) Said tolling need not be recorded in the land evidence records to be valid, however, a

notice of the tolling must be posted in the municipal planning department, the municipal clerk's

office, and the office of the recorder of deeds.

SECTION 6. This act shall take effect upon passage and shall apply only to approvals

and permits in effect at the time of passage and shall not revive any expired approval or permit.

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LC01859/SUB A

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