| 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. |
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| LC004350/SUB A |
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