Chapter 215
2010 -- H 7583 SUBSTITUTE A AS
AMENDED
Enacted 06/25/10
A N A C T
RELATING TO
TOWNS AND CITIES
Introduced By: Representatives San Bento, and Petrarca
Date Introduced: February 24, 2010
It is enacted by the General
Assembly as follows:
SECTION 1. Section 45-23-63.1 of the General Laws in Chapter
45-23 entitled
"Subdivision of
Land" is hereby amended to read as follows:
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. For the purposes of this section, "tolling"
shall mean the suspension or temporary
stopping of the running of the applicable permit or approval
period.
(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, or near the land evidence records.
(c) The tolling shall
apply only to approvals or permits in effect on November 9, 2009
and those issued between November 9, 2009 and June 30,
2011, at the time of passage and
shall
not revive expired approvals.
(d) The expiration
dates for all permits and approvals issued before the tolling period
began will be recalculated as of July 1, 2011 by adding
thereto the number of days between
November 9, 2009 and the day on
which the permit or approval would otherwise have expired.
The expiration dates for all permits and approvals
issued during the tolling period will be
recalculated as of July 1, 2011 by adding thereto the number of
days between the day the permit
or approval was issued and the day the permit or
approval otherwise would have expired.
SECTION 2. Section 45-24-61.1 of the General Laws in Chapter
45-24 entitled "Zoning
Ordinances" is hereby
amended to read as follows:
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. For the purposes of this section,
"tolling" shall mean the suspension or temporary
stopping of the running of the applicable permit or approval
period.
(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, or near the land evidence records.
(c) The tolling shall
apply only to approvals or permits in effect at the time of passage on
November 9, 2009 and those issued between November 9,
2009 and June 30, 2011 and shall not
revive expired approvals.
(d) The expiration
dates for all permits and approvals issued before the tolling period
began will be recalculated as of July 1, 2011 by adding
thereto the number of days between
November 9, 2009 and the day on
which the permit or approval would otherwise have expired.
The expiration dates for all permits and approvals
issued during the tolling period will be
recalculated as of July 1, 2011 by adding thereto the number of
days between the day the permit
or approval was issued and the day the permit or
approval otherwise would have expired.
SECTION 3. Section 42-17.1-2.5 of the General Laws in
Chapter 42-17.1 entitled
"Department of
Environmental Management" is hereby amended to read as follows:
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. For
the purposes of this section, "tolling" means
the suspension or temporary stopping of the running of
the applicable permit or approval period.
(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, or near the land evidence records.
(c) The tolling shall apply
only to approvals or permits in effect at the time of passage on
November 9, 2009 and those issued between November 9,
2009 and June 30, 2011 and shall not
revive expired approvals or permits.
(d) The expiration
dates for all permits and approvals issued before the tolling period
began will be recalculated as of July 1, 2011 by adding
thereto the number of days between
November 9, 2009 and the day on
which the permit or approval would otherwise have expired.
The expiration dates for all permits and approvals
issued during the tolling period will be
recalculated as of July 1, 2011 by adding thereto the number of
days between the day the permit
or approval was issued and the day the permit or
approval otherwise would have expired.
SECTION 4. Section 46-23-6.3 of the General Laws in Chapter
46-23 entitled "Coastal
Resources Management
Council" is hereby amended to read as follows:
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. For
the purposes of this section, "tolling" means
the suspension or temporary stopping of the running of
the applicable permit or approval period.
(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 near the land evidence records.
(c) The tolling shall
apply only to approvals or permits in effect at the time of passage on
November 9, 2009 and those issued between November 9,
2009 and June 30, 2011, and shall not
revive expired approvals or permits.
(d) The expiration
dates for all permits and approvals issued before the tolling period
began will be recalculated as of July 1, 2011 by adding
thereto the number of days between
November 9, 2009 and the day on
which the permit or approval would otherwise have expired.
The expiration dates for all permits and approvals
issued during the tolling period will be
recalculated as of July 1, 2011 by adding thereto the number of
days between the day the permit
or approval was issued and the day the permit or
approval otherwise would have expired.
SECTION 5. This act shall take effect upon passage and shall
apply to approvals and
permits in effect on November 9, 2009 and those issued
between November 9, 2009 and June 30,
2011, and shall not revive
any expired approval or permit.
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LC01791/SUB A
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