TITLE 45
Towns and cities

CHAPTER 45-22
Local Planning Board or Commission

SECTION 45-22-7


§ 45-22-7 Powers and duties of a planning board or commission.

(a) A planning board or commission shall have the sole responsibility for performing all those acts necessary to prepare a comprehensive plan for a municipality in accordance with the provisions of chapter 22.2 of title 45.

(b) Pursuant to § 45-23-51, a planning board or commission shall be empowered by the city or town council, by ordinance, to adopt, modify, and amend regulations and rules governing land-development and subdivision projects within that municipality and to control land-development and subdivision projects pursuant to those regulations and rules. The planning board or commission shall also provide for the administration, interpretation, and enforcement of land-development and subdivision review regulations, pursuant to § 45-23-52.

(c) When directed by the city or town zoning ordinance pursuant to § 45-24-46.4 and the city or town land development and subdivision review regulations pursuant to § 45-23-50.1, a planning board or commission shall have the power to review and approve, approve with conditions, or deny requests for variances and special-use permits submitted as part of land-development and subdivision applications.

(d) 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 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; and

(11) Economic development.

(e) 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.

(f) A planning board or commission shall submit an advisory opinion and recommendation on all zoning matters referred to it by the zoning board of review under the provisions of the city or town zoning ordinance and report on any other matter referred to it, by the city or town council, the chief executive, or the appointing authority.

(g) A planning board or commission shall perform any other duties that 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.

(h) A planning board or commission has 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.

(i) Each planning board or commission must adopt a provision requiring any person who will be required to file a request for access pursuant to § 24-8-34 to file that request not later than the day on which that person files any document in connection with the project in question with the applicable town or city, and to provide a copy of the request to the town or city.

History of Section.
(P.L. 1972, ch. 204, § 2; P.L. 1999, ch. 478, § 2; P.L. 2016, ch. 527, § 1.)