| Chapter 289 |
| 2024 -- S 2991 Enacted 06/25/2024 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMMISSION |
Introduced By: Senators Burke, and LaMountain |
| Date Introduced: April 16, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 45-22-1 and 45-22-3 of the General Laws in Chapter 45-22 entitled |
| "Local Planning Board or Commission" are hereby amended to read as follows: |
| 45-22-1. Establishment of a planning board or commission -- Home rule charter |
| exempt. |
| (a) All cities and towns shall, by ordinance, establish a planning board or commission under |
| the provisions of this chapter. Any city or town operating under a home rule charter which that |
| provides for the establishment of a planning board or commission may continue under the |
| provisions of that charter, except that the provisions of § 45-22-7, governing the formulation and |
| adoption of a comprehensive plan and the duties of a planning board or commission, apply to all |
| cities and towns. |
| (b) Notwithstanding any other provision of the general laws, public laws, or any special |
| law to the contrary regarding the same, including any home rule charter provision, a city or town |
| may establish, by ordinance, a combined review board pursuant to the provisions of § 45-24-56.1 |
| which shall have the authority, powers, requirements, and duties set forth in this chapter, as well as |
| in chapter 23 of this title 45, and chapter 24 of this title 45 of a "planning board or commission" |
| and "zoning board." |
| 45-22-3. Membership — Continuation of present membership Membership. |
| (a) A Unless the local ordinances allow for a combined review board as set forth in §§ 45- |
| 22-1 and 45-24-56.1, a municipality shall provide for the creation of a planning board or |
| commission consists and the appointment of its members, including alternate members, pursuant |
| to § 45-22.2-245-22-2, and for the organization of such board or commission. The board or |
| commission shall consist of no less than five (5) members and up to two (2) alternates, and |
| appointments areshall be made for terms of asuch length that the terms of no more than one third |
| (⅓) of the members of the board or commission expire each year. Any vacancy occurring in the |
| membership of a planning board or commission shall be filled by the appointing authority for the |
| remainder of the unexpired term. Any member of a planning board or commission may be removed |
| from office by the appointing authority for due cause, following a public hearing. |
| (b) Vacancies to the planning board or commission occurring after May 4, 1972, shall be |
| filled in the manner prescribed in this section, except as provided in § 45-22-1 in cities or towns |
| operating under a home rule charter. |
| (c) The Hopkinton town council has the right to appoint two (2) alternate members to the |
| Hopkinton planning board and the Exeter town council may appoint two (2) alternate members to |
| the Exeter planning board and the Richmond town council has the right to appoint two (2) alternate |
| members to the Richmond planning board and the Barrington town council has the right to appoint |
| two (2) alternate members to the Barrington planning board. |
| (d) The mayor of Johnston shall have the right to appoint two (2) alternate members to the |
| Johnston planning board. |
| SECTION 2. Section 45-24-56 of the General Laws in Chapter 45-24 entitled "Zoning |
| Ordinances" is hereby amended to read as follows: |
| 45-24-56. Administration — Zoning board of review — Establishment and |
| procedures. |
| (a) A Unless the zoning ordinance provides for a combined review board pursuant to §§ |
| 45-24-56.1 and 45-22-1, 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 shall consist of five (5) members, each to hold office for |
| the term of five (5) years; provided, that the original appointments shall be made for terms of one, |
| two (2), three (3), four (4), and five (5) years, respectively. A zoning ordinance shall provide for |
| the length of term of each member, but shall not exceed five (5) years. The zoning board of review |
| shall also include at least two (2) or up to four (4) alternates to be designated as the first and second |
| alternate members as each respective alternate, 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; if there is a third |
| alternate, such alternate shall vote if three (3) members of the board are unable to serve at a hearing; |
| and if there is a fourth alternate, such alternate shall vote if four (4) members of the board are unable |
| to serve at a hearing. In the absence of the first an alternate member or members, the second next |
| numbered alternate member or members shall serve in the position of the first alternate that |
| alternate or alternates. 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 shall consist of five (5) members, each to hold office for the term of five (5) |
| years; provided, that the original appointments shall be 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 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 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), 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), 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), 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), 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, second, and third 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), 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, second, third, and fourth 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), 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. |
| (l) Notwithstanding the provisions of subsection (b), the zoning board of review for the |
| town of South Kingstown 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 South Kingstown shall also include three (3) |
| alternates to be designated as the first, second, and third alternate members, their terms 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 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. |
| SECTION 3. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby |
| amended by adding thereto the following section: |
| 45-24-56.1. Administration -- Authority to establish a combined review board. |
| (a) A zoning ordinance may provide for the creation of a combined review board and for |
| the appointment of members, including alternate members as set forth herein, and for the |
| organization of the board, as specified in the zoning ordinance. Such board, if authorized and |
| appointed, shall take the place of a separate planning board/commission and zoning board in the |
| municipality. The board shall have the powers, authority, responsibilities, and duties attributable to |
| the zoning board or planning board/commission as set forth in chapters 22, 22.2, 23, 24, 24.1, 32, |
| and 53 of this title 45. A zoning ordinance may provide for remuneration to the board members |
| and for reimbursement for expenses incurred in the performance of official duties. The board 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 are |
| sent; and an office where records and decisions are filed. |
| (b) The combined review board shall consist of at least five (5) members. A zoning |
| ordinance shall provide for the length of term of each member, but shall not exceed five (5) years. |
| The board shall also include at least two (2), or up to four (4) alternates to be designated as each |
| respectively numbered alternate, 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; if there is a third alternate, such alternate |
| shall vote if three (3) members of the board are unable to serve at a hearing; and if there is a fourth |
| alternate, such alternate shall vote if four (4) members of the board are unable to serve at a hearing. |
| In the absence of an alternate member or members, the next numbered alternate member or |
| members shall serve in the position of the alternate or alternates. 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. |
| The zoning ordinance shall specify procedures for filling vacancies in unexpired terms of board |
| members, and for removal of members for due cause. |
| (c) The agenda for a meeting of a combined review board shall state clearly which matters |
| are to be reviewed pursuant to its local and statutory authority as the planning board. |
| (d) Nothing herein shall change or alter the application, procedure, voting, notice, or other |
| requirements set forth in the chapter governing the underlying application before the board. |
| SECTION 4. This act shall take effect on January 1, 2025. |
| ======== |
| LC005857 |
| ======== |