Chapter 208
2022 -- S 2504 SUBSTITUTE A AS AMENDED
Enacted 06/27/2022

A N   A C T
RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND -- ZONING ORDINANCES

Introduced By: Senator Michael J. McCaffrey

Date Introduced: March 01, 2022

It is enacted by the General Assembly as follows:
      SECTION 1. Section 45-23-63 of the General Laws in Chapter 45-23 entitled "Subdivision
of Land" is hereby amended to read as follows:
     45-23-63. Procedure -- Meetings -- Votes -- Decisions and records.
     (a) All records of the planning board proceedings and decisions shall be written and kept
permanently available for public review. Completed applications for proposed land development
and subdivisions projects under review by the planning board shall be available for public review.
     (b) Participation in a planning board meeting or other proceedings by any party is not a
cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing
violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or
willful misconduct.
     (c) All final written comments to the planning board from the administrative officer,
municipal departments, the technical review committee, state and federal agencies, and local
commissions are part of the permanent record of the development application.
     (d) Votes. All votes of the planning board shall be made part of the permanent record and
show the members present and their votes. A decision by the planning board to approve any land
development or subdivision application requires a vote for approval by a majority of the current
planning board membership planning board members present at the time of the vote. A decision by
the planning board to approve a variance or special-use permit pursuant to any adopted unified
development review regulations requires a vote for approval by a majority of the planning board
members that were present at the public hearing at which the request was heard.
     (e) All written decisions of the planning board shall be recorded in the land evidence
records within twenty (20) days after the planning board vote. A copy of the recorded decision shall
be mailed within one business day of recording, by any method that provides confirmation of
receipt, to the applicant and to any objector who has filed a written request for notice with the
administrative officer.
     SECTION 2. Sections 45-24-56 and 45-24-57 of the General Laws in Chapter 45-24
entitled "Zoning Ordinances" are hereby amended to read as follows:
     45-24-56. Administration -- Zoning board of review -- Establishment and procedures.
     (a) A zoning ordinance adopted pursuant to this chapter shall provide for the creation of a
zoning board of review and for the appointment of members, including alternate members, and for
the organization of the board, as specified in the zoning ordinance, or, in cities and towns with
home rule or legislative charters, as provided in the charter. A zoning ordinance may provide for
remuneration to the zoning board of review members and for reimbursement for expenses incurred
in the performance of official duties. A zoning board of review may engage legal, technical, or
clerical assistance to aid in the discharge of its duties. The board shall establish written rules of
procedure; a mailing address to which appeals and correspondence to the zoning board of review
are sent; and an office where records and decisions are filed.
     (b) The zoning board of review consists of five (5) members, each to hold office for the
term of five (5) years; provided, that the original appointments are made for terms of one, two (2),
three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two
(2) alternates to be designated as the first and second alternate members, their terms to be set by
the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively
participate in hearings. The first alternate shall vote if a member of the board is unable to serve at
a hearing and the second shall vote if two (2) members of the board are unable to serve at a hearing.
In the absence of the first alternate member, the second alternate member shall serve in the position
of the first alternate. A minimum of four (4) members, which may include alternates, shall form a
duly constituted quorum. No member or alternate may vote on any matter before the board unless
they have attended all hearings concerning that matter. Where not provided for in the city or town
charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of
zoning board members, and for removal of members for due cause.
     (c) Notwithstanding the provisions of subsection (b), the zoning board of review of the
town of Jamestown consists of five (5) members, each to hold office for the term of five (5) years;
provided, that the original appointments are made for terms of one, two (2), three (3), four (4) and
five (5) years respectively. The zoning board of review of the town of Jamestown also includes
three (3) alternates to be designated as the first, second, and third alternate members, their terms to
be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may
actively participate in hearings. The first alternate shall vote if a member of the board is unable to
serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a
hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing.
In the absence of the first alternate member, the second alternate member shall serve in the position
of the first alternate. No member or alternate may vote on any matter before the board unless they
have attended all hearings concerning that matter. Where not provided for in the town charter, the
zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board
members, and for removal of members for due cause.
     (d) Members of zoning boards of review serving on the effective date of adoption of a
zoning ordinance under this chapter are exempt from the provisions of this chapter respecting terms
of originally appointed members until the expiration of their current terms.
     (e) The chairperson, or in his or her absence, the acting chairperson, may administer oaths
and compel the attendance of witnesses by the issuance of subpoenas.
     (f) Notwithstanding the provisions of subsection (b) of this section, the zoning board of
review for the town of Little Compton shall consist of five (5) members, each to hold office for the
term of five (5) years. The zoning board of review for the town of Little Compton shall also include
three (3) alternates to be designated as the first, second and third alternate members, their terms to
be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may
actively participate in the hearings. The first alternate shall vote if a member of the board is unable
to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a
hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing.
In the absence of the first alternate member, the second alternate member shall serve in the position
of the first alternate. No member or alternate may vote on any matter before the board unless they
have attended all hearings concerning that matter. Where not provided for in the town charter, the
zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board
members, and for removal of members for due cause.
     (g) Notwithstanding the provisions of subsection (b) of this section, the zoning board of
review for the town of Charlestown shall consist of five (5) members, each to hold office for the
term of five (5) years. The zoning board of review for the town of Charlestown shall also include
three (3) alternates to be designated as the first, second, and third alternate members, their terms to
be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may
actively participate in the hearings. The first alternate shall vote if a member of the board is unable
to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a
hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing.
In the absence of the first alternate member, the second alternate member shall serve in the position
of the first alternate. No member or alternate may vote on any matter before the board unless they
have attended all hearings concerning that matter. Where not provided for in the town charter, the
zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board
members, and for removal of members for due cause.
     (h) Notwithstanding the provisions of subsection (b) of this section, the zoning board of
review for the town of Scituate shall consist of five (5) members, each to hold office for the term
of five (5) years. The zoning board of review for the town of Scituate shall also include three (3)
alternates to be designated as the first, second and third alternate members, their terms to be set by
the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively
participate in the hearings. The first alternate shall vote if a member of the board is unable to serve
at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing;
and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the
absence of the first alternate member, the second alternate member shall serve in the position of
the first alternate. No member or alternate may vote on any matter before the board unless they
have attended all hearings concerning that matter. Where not provided for in the town charter, the
zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board
members, and for removal of members for due cause.
     (i) Notwithstanding the provisions of subsection (b) of this section, the zoning board of
review of the town of Middletown shall consist of five (5) members, each to hold office for a term
of five (5) years. The zoning board of review of the town of Middletown shall also include three
(3) alternates to be designated as the first (1st), second (2nd) and third (3rd) alternate members,
their terms to be set by ordinance but not to exceed (5) years. These alternate members shall sit and
may actively participate in the hearing. The first alternate shall vote if a member of the board is
unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are
unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board
are unable to serve at the hearing. In the absence of the first alternate member, the second alternate
member shall serve in the position of the first alternate. No member or alternate may vote on any
matter before the board unless they have attended all hearings concerning that matter. Where not
provided for in the town charter the zoning ordinance shall specify procedures for filling vacancies
in unexpired terms of zoning board members and for removal of members for due cause.
     (j) Notwithstanding the provisions of subsection (b) of this section, the zoning board of
review of the city of Cranston shall consist of five (5) members, each to hold office for a term of
five (5) years. The zoning board of review of the city of Cranston shall also include four (4)
alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate
members, to be appointed for a term of one year. These alternate members shall sit and may actively
participate in all zoning hearings. The first alternate shall vote if a member of the board is unable
to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable
to serve at the hearing; the third alternate shall vote if three (3) members of the board are unable to
serve at the hearing; and the fourth alternate shall vote if four (4) members of the board are unable
to serve at the hearing. In the absence of the first alternate member, the second alternate member
shall serve in the position of the first alternate. No member or alternate may vote on any matter
before the board unless they have attended all hearings concerning that matter. Where not provided
for in the city charter, the zoning ordinance shall specify procedures for filling vacancies during
the unexpired terms of zoning board members and for removal of members for due cause.
     (k) Notwithstanding the provisions of subsection (b) of this section, the zoning board of
review for the town of Barrington shall consist of five (5) members, each to hold office for a term
of five (5) years. The zoning board of review for the town of Barrington shall also include three (3)
alternates to be designated as the first, second, and third alternate members, their terms are to be
set by ordinance but not to exceed five (5) years. These alternate members shall sit and may actively
participate in the hearing. The first alternate member shall vote if a member of the board is unable
to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable
to serve at the hearing; and the third alternate member shall vote if three (3) members of the board
are unable to serve at the hearing. In the absence of the first alternate member, the second alternate
member shall serve in the position of the first alternate. No member or alternate may vote on any
matter before the board unless they have attended all the hearings concerning that matter. Where
not provided for in the town charter, the zoning ordinance shall specify procedures for filling
vacancies in unexpired terms of zoning board members, and for removal of members for due cause.
     45-24-57. Administration -- Powers and duties of zoning board of review.
     A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of
review shall:
     (1) Have the following powers and duties:
     (i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the
appeal where it is alleged there is an error in any order, requirement, decision, or determination
made by an administrative officer or agency in the enforcement or interpretation of this chapter, or
of any ordinance adopted pursuant hereto;
     (ii) To hear and decide appeals from a party aggrieved by a decision of an historic district
commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2;
     (iii) To hear and decide appeals where the zoning board of review is appointed as the board
of appeals for airport zoning regulations, pursuant to § 1-3-19;
     (iv) To authorize, upon application, in specific cases of hardship, variances in the
application of the terms of the zoning ordinance, pursuant to § 45-24-41;
     (v) To authorize, upon application, in specific cases, special-use permits, pursuant to § 45-
24-42, where the zoning board of review is designated as a permit authority for special-use permits;
     (vi) To refer matters to the planning board or commission, or to other boards or agencies
of the city or town as the zoning board of review may deem appropriate, for findings and
recommendations;
     (vii) To provide for the issuance of conditional zoning approvals where a proposed
application would otherwise be approved except that one or more state or federal agency approvals
that are necessary are pending. A conditional zoning approval shall be revoked in the instance
where any necessary state or federal agency approvals are not received within a specified time
period; and
     (viii) To hear and decide other matters, according to the terms of the ordinance or other
statutes, and upon which the board may be authorized to pass under the ordinance or other statutes;
and
     (2) Be required to vote as follows:
     (i) Five (5) Four (4) active members, which may include alternates, are necessary to
conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or
herself, shall not sit as an active member, and shall take no part in the conduct of the hearing. Only
A maximum of five (5) active members, which may include alternates, are entitled to vote on any
issue;
     (ii) The concurring vote of three (3) of the five (5) a majority of members of the zoning
board of review sitting at a hearing are is necessary to reverse any order, requirement, decision, or
determination of any zoning administrative officer from whom an appeal was taken; and
     (iii) The concurring vote of four (4) of the five (5) a majority of members of the zoning
board of review sitting at a hearing is required to decide in favor of an applicant on any matter
within the discretion of the board upon which it is required to pass under the ordinance, including
variances and special-use permits.
     SECTION 3. Section 45-53-5 of the General Laws in Chapter 45-53 entitled "Low and
Moderate Income Housing" is hereby amended to read as follows:
     45-53-5. Appeals to state housing appeals board -- Judicial review.
     (a) Whenever an application filed under the provisions of § 45-53-4 is denied, or is granted
with conditions and requirements that make the building or operation of the housing infeasible, the
applicant has the right to appeal to the state housing appeals board established by § 45-53-7, for a
review of the application. The appeal shall be taken within twenty (20) days after the date of the
notice of the decision by the local review board by filing with the appeals board a statement of the
prior proceedings and the reasons upon which the appeal is based.
     (b) The appeals board shall immediately notify the local review board of the filing of the
petition for review and the latter shall, within ten (10) days of the receipt of the notice, transmit a
copy of its decision and the reasons for that decision to the appeals board.
     (c) The appeal shall be heard by the appeals board within twenty (20) days after the receipt
of the applicant's statement. Four (4) active members, which may include an alternate, are necessary
to conduct a hearing on an appeal. A stenographic record of the proceedings shall be kept and the
appeals board shall render a written decision and order, based upon a majority vote of members
present and voting, stating its findings of fact, and its conclusions and the reasons for those
conclusions, within thirty (30) days after the termination of the hearing, unless the time has been
extended by mutual agreement between the appeals board and the applicant. The decision and order
may be appealed in the superior court within twenty (20) days of the issuance of the decision. The
review shall be conducted by the superior court without a jury. The court shall consider the record
of the hearing before the state housing appeals board and, if it appears to the court that additional
evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal
to present that evidence in open court, which evidence, along with the report, constitutes the record
upon which the determination of the court is made.
     (d) The court shall not substitute its judgment for that of the state housing appeals board as
to the weight of the evidence on questions of fact. The court may affirm the decision of the state
housing appeals board or remand the case for further proceedings, or may reverse or modify the
decision if substantial rights of the appellant have been prejudiced because of findings, inferences,
conclusions, or decisions which are:
     (1) In violation of constitutional, statutory, or ordinance provisions;
     (2) In excess of the authority granted to the state housing appeal appeals board by statute
or ordinance;
     (3) Made upon unlawful procedure;
     (4) Affected by other error of law;
     (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the
whole record; or
     (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted
exercise of discretion.
     (e) Any appeal from the superior court to the supreme court pursuant to this section shall
be by writ of certiorari.
     SECTION 4. This act shall take effect on January 1, 2023, and shall be prospective only
and not applicable to any current zoning or planning hearing or appeal.
========
LC004350/SUB A
========