2018 -- H 8080

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LC005413

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO TOWNS AND CITIES -- CONTINUING EDUCATION FOR LOCAL

PLANNING AND ZONING BOARDS

     Introduced By: Representatives Carson, Donovan, Shekarchi, and Ucci

     Date Introduced: April 11, 2018

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

amended by adding thereto the following chapter:

CHAPTER 69

CONTINUING EDUCATION FOR LOCAL PLANNING AND ZONING BOARDS

     45-69-1. Purpose.

     The purpose of this chapter is to establish requirements and standards for initial and

continuing education programs for current members, prospective members and alternate members

of local planning and zoning boards or commissions or any combined boards or commissions

performing land planning or zoning functions as authorized pursuant to the general laws.

     45-69-2. Applicability.

     This chapter shall apply to the following:

     (1) All current, future or alternate members of any local planning board or commission

authorized pursuant to chapter 22 of title 45.

     (2) All current, future or alternate members of any zoning board authorized pursuant to

chapter 24 of title 45.

     (3) All current, future or alternate members of any combined board or commission

authorized pursuant to the general laws to have a role in local land use and planning.

     45-69-3. Exemptions.

     The following persons shall be exempt from the educational requirements established

pursuant to this chapter:

     (1) The chief municipal officer of the city or town or person designated to serve on a

planning board in the absence of the chief executive officer.

     (2) Any person who, within twelve (12) months of the compliance date of this chapter,

offers satisfactory proof of having completed a course of study in land use law and planning that,

in the determination of the director of the department of administration "director" in consultation

with the division of statewide planning, is equivalent to or more extensive than the course offered

pursuant to the requirements of this chapter.

     45-69-4. Land use law and planning – Required education for local planning and

zoning board members.

     (a) Every current and prospective member and/or alternate member of a local planning

and zoning board or commission and/or combined board or commission performing land planning

or zoning functions shall be required to have satisfactorily completed an education program in

land use law and planning to be prepared by the director of the department of administration. The

director shall prepare the course of study in conjunction with the Rhode Island division of

statewide planning and the department of business regulation in establishing the education

programs standards, curriculum, and administration.

     (b) The education program pursuant to this chapter shall be prepared and offered within

six (6) months of the enactment of this chapter and shall include an introductory program offered

for new or prospective board members and continuing education courses offered for existing

board members. Furthermore, the education program shall be sufficient in design and duration to

adequately and reasonably address the topic areas related to land use and planning including all

topics determined relevant by the director, and shall consist of no less than three (3) hours of

scheduled instruction for the introductory course or courses and no less than one hour of

scheduled instruction for any subsequent annual continuing education requirements. Reasonable

efforts shall be made by the director to have said course of study structured in such a manner that

a member may satisfy these requirements through a variety of instructional means including, but

not limited to, traditional style classroom and seminar training, distance learning, webinars, on-

site presentations, and by other means as deemed appropriate by the director. Education program

topics to be considered may include, but not be limited to, the following:

     (1) History and purposes of planning and zoning;

     (2) What state laws and local ordinances, rules and regulations are applicable to the work

planning and zoning members do;

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     (3) Overview of the functions of the boards, statutory requirements, and the main tools of

planning, zoning, and subdivision review;

     (4) Role of others in the planning and zoning process (citizens, applicants, planning and

zoning staff, and elected officials);

     (5) Understanding and interpreting local comprehensive plans in helping to make land

use decisions;

     (6) Understanding basic property rights;

     (7) Legal context for the decision-making process and making legal, defensible decisions;

     (8) Basics of "findings of fact", making the record, and the legal context for planning;

     (9) Public hearings, voting requirements and other key procedural requirements;

     (10) How to review site plans and subdivisions;

     (11) Types of conditions boards may impose when approving special permit or variance

application;

     (12) Open meetings/ethics requirements/avoiding ethical dilemmas;

     (13) Proper ways to manage public meetings including quorums, recusals, and rules of

order.

     (c) On or after the first date on which the education program in land use law and planning

is offered, except as otherwise provided in this chapter, a person shall not be seated as a first-term

or re-appointed member or alternate member of a local planning or zoning board or commission

or a combined board as authorized pursuant to this title, unless the person successfully completes

the introductory education program required herein within six (6) months of assuming board

membership and complete the required annual continuing education requirements as may be

required in order to retain board membership.

     (d) Except as otherwise provided in this chapter, any person who is serving as a member

or alternate member of a planning board or zoning board or commission and/or combined board

or commission performing land use and planning pursuant to general laws, shall be required to

complete the introductory education program within six (6) months of the date upon which the

course is first offered and complete the required annual continuing education requirements as

may be required in order to retain membership on that board or commission.

     45-69-5. Advisory committee.

     The director shall appoint an advisory committee to assist in the development of the

education program that shall include representatives from American Planning Association (R.I.

Chapter), American Council of Engineering Companies - Rhode Island, Grow Smart Rhode

Island, Rhode Island League of Cities and Towns, the Rhode Island Builders Association and the

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Rhode Island department of administration, division of planning.

     45-69-6. Rules and regulations.

     The director of the department of administration is hereby authorized and empowered to

promulgate rules and regulations necessary to carry out the provision of this chapter.

     SECTION 2. This act shall take effect on July 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- CONTINUING EDUCATION FOR LOCAL

PLANNING AND ZONING BOARDS

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     This act would require initial and continuing education in land use law and planning for

local planning and/or zoning board and commission members.

     This act would take effect on July 1, 2019.

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