2022 -- H 7023

========

LC003296

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMMISSION

     

     Introduced By: Representatives Carson, and Craven

     Date Introduced: January 10, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 45-22-7 of the General Laws in Chapter 45-22 entitled "Local

2

Planning Board or Commission" is hereby amended to read as follows:

3

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

4

     (a) A planning board or commission shall have the sole responsibility for performing all

5

those acts necessary to prepare a comprehensive plan for a municipality in accordance with the

6

provisions of chapter 22.2 of title 45.

7

     (b) Pursuant to § 45-23-51, a planning board or commission shall be empowered by the

8

city or town council, by ordinance, to adopt, modify, and amend regulations and rules governing

9

land-development and subdivision projects within that municipality and to control land-

10

development and subdivision projects pursuant to those regulations and rules. The planning board

11

or commission shall also provide for the administration, interpretation, and enforcement of land-

12

development and subdivision review regulations, pursuant to § 45-23-52.

13

     (c) When directed by the city or town zoning ordinance pursuant to § 45-24-46.4 and the

14

city or town land development and subdivision review regulations pursuant to § 45-23-50.1, a

15

planning board or commission shall have the power to review and approve, approve with

16

conditions, or deny requests for variances and special-use permits submitted as part of land-

17

development and subdivision applications.

18

     (d) A planning board or commission established under the provisions of this chapter shall

19

make studies and prepare plans and reports on the needs and resources of the community with

 

1

reference to its physical, economic, and social growth and development as affecting the health,

2

safety, morals, and general welfare of the people. The studies, plans, and reports shall concern, but

3

not necessarily be limited to, the following:

4

     (1) Land use and land-use regulation;

5

     (2) Transportation facilities;

6

     (3) Public facilities, including recreation areas, utilities, schools, fire stations, police

7

stations, and others;

8

     (4) Blighted areas, including the designation of general areas for redevelopment, renewal,

9

rehabilitation, or conservation;

10

     (5) Problems of housing and the development of housing programs;

11

     (6) Environmental protection;

12

     (7) Natural resource conservation;

13

     (8) Protection from disaster;

14

     (9) Economic and social characteristics of the population;

15

     (10) Preservation of historic sites and buildings; and

16

     (11) Economic development.

17

     (e) When directed by the city or town council or by the appointing authority, a planning

18

board or commission shall prepare an annual capital budget and a comprehensive, long-range

19

capital-improvement program for submission to the council, the appointing authority, or other

20

designated official or agency.

21

     (f) A planning board or commission shall submit an advisory opinion and recommendation

22

on all zoning matters referred to it by the zoning board of review under the provisions of the city

23

or town zoning ordinance and report on any other matter referred to it, by the city or town council,

24

the chief executive, or the appointing authority.

25

     (g) A planning board or commission shall perform any other duties that may be assigned

26

to the board or commission, from time to time, by any act of the general assembly or by any

27

ordinance, code, regulation order, or resolution of the city or town council or by the appointing

28

authority.

29

     (h) A planning board or commission has authority to call upon other departments, boards,

30

and committees of the city or town and upon regional, state, and federal agencies for information

31

and assistance necessary to the performance of its duties, and shall cooperate with the city or town,

32

regional, state, and federal agencies on matters of community, regional, and state planning and

33

development.

34

     (i) Each planning board or commission must adopt a provision requiring any person who

 

LC003296 - Page 2 of 9

1

will be required to file a request for access pursuant to § 24-8-34 to file that request not later than

2

the day on which that person files any document in connection with the project in question with the

3

applicable town or city, and to provide a copy of the request to the town or city.

4

     (j) Each member of a planning board or commission shall participate in training and

5

education classes concerning the effects of development in a flood plain and the effects of sea-level

6

rise once every two (2) years pursuant to chapter 70 of title 45 entitled "Continuing education for

7

local planning and zoning boards and historic district commissions" which requires annual

8

continuing education and biennial education components. Each member shall complete two (2)

9

hours of training in order to be certified for the two (2) years required by this subsection. Upon

10

completion of the training, the planning board or commission member shall file with the municipal

11

clerk a statement asserting that the training course has been completed.

12

     SECTION 2. Section 45-24-57 of the General Laws in Chapter 45-24 entitled "Zoning

13

Ordinances" is hereby amended to read as follows:

14

     45-24-57. Administration -- Powers and duties of zoning board of review.

15

     A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of

16

review shall:

17

     (1) Have the following powers and duties:

18

     (i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the

19

appeal where it is alleged there is an error in any order, requirement, decision, or determination

20

made by an administrative officer or agency in the enforcement or interpretation of this chapter, or

21

of any ordinance adopted pursuant hereto;

22

     (ii) To hear and decide appeals from a party aggrieved by a decision of an historic district

23

commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2;

24

     (iii) To hear and decide appeals where the zoning board of review is appointed as the board

25

of appeals for airport zoning regulations, pursuant to § 1-3-19;

26

     (iv) To authorize, upon application, in specific cases of hardship, variances in the

27

application of the terms of the zoning ordinance, pursuant to § 45-24-41;

28

     (v) To authorize, upon application, in specific cases, special-use permits, pursuant to § 45-

29

24-42, where the zoning board of review is designated as a permit authority for special-use permits;

30

     (vi) To refer matters to the planning board or commission, or to other boards or agencies

31

of the city or town as the zoning board of review may deem appropriate, for findings and

32

recommendations;

33

     (vii) To provide for the issuance of conditional zoning approvals where a proposed

34

application would otherwise be approved except that one or more state or federal agency approvals

 

LC003296 - Page 3 of 9

1

that are necessary are pending. A conditional zoning approval shall be revoked in the instance

2

where any necessary state or federal agency approvals are not received within a specified time

3

period; and

4

     (viii) To hear and decide other matters, according to the terms of the ordinance or other

5

statutes, and upon which the board may be authorized to pass under the ordinance or other statutes;

6

and

7

     (2) Be required to vote as follows:

8

     (i) Five (5) active members are necessary to conduct a hearing. As soon as a conflict occurs

9

for a member, that member shall recuse himself or herself, shall not sit as an active member, and

10

shall take no part in the conduct of the hearing. Only five (5) active members are entitled to vote

11

on any issue;

12

     (ii) The concurring vote of three (3) of the five (5) members of the zoning board of review

13

sitting at a hearing are necessary to reverse any order, requirement, decision, or determination of

14

any zoning administrative officer from whom an appeal was taken; and

15

     (iii) The concurring vote of four (4) of the five (5) members of the zoning board of review

16

sitting at a hearing is required to decide in favor of an applicant on any matter within the discretion

17

of the board upon which it is required to pass under the ordinance, including variances and special-

18

use permits.

19

     (3) All members, including alternate members, of any zoning board shall be required to

20

participate in continuing education courses promulgated pursuant to chapter 70 of title 45 entitled

21

"Continuing education for local planning and zoning boards and historic district commissions."

22

     SECTION 3. Section 45-24.1-3 of the General Laws in Chapter 45-24.1 entitled "Historical

23

Area Zoning" is hereby amended to read as follows:

24

     45-24.1-3. Creation of commission authorized -- Membership appointment -- Term of

25

office.

26

     (a) In order to carry out the purposes of this chapter any city or town council shall have the

27

authority to create a commission called the historic district commission. The membership of a

28

commission in a city shall consist of seven (7) qualified members, and in a town shall consist of

29

not less than three (3) nor more than seven (7) qualified members, whose residence is located in

30

the city or town; and provided, that the historic district commission of the city of Providence shall

31

consist of eleven (11) qualified members, two (2) of whom shall be members of the city council

32

elected by the city council from its councilmanic members to serve for a term of four (4) years. In

33

a city the members shall be appointed by the mayor, except as provided in the case of the historic

34

district commission of the city of Providence, and in a town, by the president of the town council.

 

LC003296 - Page 4 of 9

1

Members of an historic district commission shall be residents of the city or town.

2

     (b) The appointed members of the commission shall be appointed for three (3) year terms,

3

except the initial appointments of some of the members shall be for less than three (3) years so that

4

the initial appointments are staggered and so that subsequent appointments do not reoccur at the

5

same time.

6

     (c) Any city or town has the right to name an auxiliary member of the commission

7

appointed in addition to the regular members of the commission; provided, that the city of Newport

8

shall have the right to appoint two (2) auxiliary members to its historic district commission. An

9

auxiliary member shall sit as an active member, upon the request of the chair, when and if a regular

10

member of the commission is unable to serve at any meeting of the commission.

11

     (d) Appointed members of the commission are eligible for reappointment, and, upon the

12

expiration of their term, shall continue to serve until replaced unless otherwise provided for in local

13

law.

14

     (e) In the event of a vacancy on the commission, interim appointments of appointed

15

members may be made by the appointing authority to complete the unexpired term of the position.

16

     (f) Organized and existing preservation societies may present to the appointing authority

17

of a city or town a list of qualified citizens, from which list the appointing authority may select

18

members of the commission for his or her respective city or town.

19

     (g) Members of a commission shall serve without compensation.

20

     (h) Members of a commission shall be required to participate in continuing education

21

courses promulgated pursuant to chapter 70 of title 45.

22

     SECTION 4. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

23

amended by adding thereto the following chapter:

24

CHAPTER 70

25

CONTINUING EDUCATION FOR LOCAL PLANNING AND ZONING BOARDS AND

26

HISTORIC DISTRICT COMMISSIONS

27

     45-70-1. Purpose.

28

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

29

and continuing education programs for members and alternate members of local planning boards

30

or commissions or any combined boards or commissions or zoning boards or any historic district

31

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

32

laws.

33

     45-70-2. Applicability.

34

     This chapter shall apply to the following:

 

LC003296 - Page 5 of 9

1

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

2

authorized pursuant to chapter 22 of title 45.

3

     (2) All members, including alternate members, of any zoning board or commission

4

authorized pursuant to chapter 24 of title 45.

5

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

6

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

7

     (4) All members, including alternate members, of any historic district commission

8

authorized pursuant to chapter 24.1 of title 45.

9

     45-70-3. Land use law and planning -- Required education for local planning and

10

zoning board members and historic district commission members.

11

     (a) Every current member or alternate member of a local planning and zoning board or

12

commission or combined board or commission or historic district commission performing land

13

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

14

program in land use law and planning to be prepared by the director of the department of

15

administration.

16

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

17

twelve (12) months of the enactment of this chapter and shall include an introductory program

18

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

19

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

20

duration to adequately and reasonably address the topic areas related to land use and planning,

21

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

22

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

23

scheduled instruction for any subsequent annual continuing education requirements. Reasonable

24

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

25

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

26

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

27

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

28

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

29

     (1) History and purposes of planning and zoning;

30

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

31

performed by planning and zoning members;

32

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

33

planning, zoning, and subdivision review;

34

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

 

LC003296 - Page 6 of 9

1

zoning staff, and elected officials);

2

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

3

decisions;

4

     (6) Understanding basic property rights;

5

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

6

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

7

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

8

     (10) How to review site plans and subdivisions;

9

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

10

application(s);

11

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

12

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

13

order.

14

     (c) Every current member or alternate member of a local planning board pursuant to chapter

15

22 of title 45 shall, in addition to any other education requirement promulgated pursuant to this

16

chapter, complete two (2) hours of training and education concerning the effects of development in

17

a flood plain and the effects of sea-level rise once every two (2) years. Each member shall complete

18

two (2) hours of training in order to be certified for the two (2) years required by this chapter.

19

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

20

or alternate member of a planning, zoning, or combined board or commission or historic district

21

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

22

complete the introductory education program within twenty-four (24) months of the effective date

23

of this chapter or within (24) months of appointment, whichever is later, and shall also complete

24

the required annual continuing education requirements as may be required. No decision of a

25

planning board, zoning board or historic district commission shall be voided or declared invalid

26

because of failure of a member to comply with these training requirements.

27

     (e) Upon completion of the training required pursuant to this chapter, the local planning

28

and zoning board or commission or combined board or commission or historic district commission

29

member shall file with the municipal clerk a statement asserting the training course has been

30

completed.

31

     45-70-4. Exemptions.

32

     The following persons shall be exempt from the educational requirements established

33

pursuant to this chapter:

34

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

 

LC003296 - Page 7 of 9

1

planning board in an ex officio and non-voting capacity.

2

     (2) Any person who offers satisfactory proof of having completed a course of study in land

3

use law and planning within one year prior to the effective date of this chapter, that, in the

4

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

5

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

6

pursuant to the requirements of this chapter, will be exempt from the initial three (3) hours of

7

training; however, remain subject to annual continuing education requirements. An

8

appointee/reappointee must file with the city or town clerk a statement explaining why he or she is

9

exempt from the initial introductory training following the effective date of this chapter.

10

     (3) Any person who demonstrates that he or she is certified by the American Institute of

11

Certified Planners (AICP) or has a master's or doctorate degree in planning from an accredited

12

college or university will be exempt from the initial three (3) hours of training; however, remain

13

subject to annual continuing education requirements. An appointee/reappointee must file with the

14

city or town clerk a statement explaining why he or she is exempt from the initial introductory

15

training following the effective date of this chapter.

16

     45-70-5. Advisory committee.

17

     The state planning council shall appoint an advisory committee to assist in the development

18

of the education program that shall include, but not be limited to, representatives from the American

19

Planning Association (R.I. Chapter), American Council of Engineering Companies - Rhode Island,

20

Grow Smart Rhode Island, Rhode Island League of Cities and Towns, Rhode Island Builders

21

Association and University of Rhode Island Coastal Resource Center. The division of statewide

22

planning shall provide administrative support to and facilitate meetings of the advisory committee

23

to meet at a minimum of once a year to evaluate and make improvements to the training program.

24

     45-70-6. Rules and regulations.

25

     The state planning council is hereby authorized and empowered to promulgate rules and

26

regulations necessary to carry out the provisions of this chapter no later than December 31, 2022.

27

The department of administration, division of statewide planning, shall submit to the governor, the

28

speaker of the house of representatives, and the senate president, a report detailing the program

29

development and completion levels of training by board members of each community no later than

30

April 30, 2027.

31

     SECTION 5. This act shall take effect on July 1, 2022.

========

LC003296

========

 

LC003296 - Page 8 of 9

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMMISSION

***

1

     This act would require initial, biennial, and continuing education in land use law and

2

planning for local planning and zoning board members and members of historic district

3

commissions.

4

     This act would take effect on July 1, 2022.

========

LC003296

========

 

LC003296 - Page 9 of 9