2021 -- S 0307

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LC001377

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING AND PLANNING BOARDS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 18, 2021

     Referred To: Senate Judiciary

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

Ordinances" is hereby amended to read as follows:

     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;

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and

     (2) Be required to vote as follows:

     (i) Five (5) Four (4) active members, including any alternate members, 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, including any alternate members, are entitled to vote on

any issue;

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

board of review sitting at a hearing are 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) the majority 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. This act shall take effect upon passage.

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LC001377

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING AND PLANNING BOARDS

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     This act would amend the voting requirements of planning and zoning boards.

     This act would take effect upon passage.

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LC001377

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