2024 -- S 2991

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LC005857

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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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

     Referred To: Senate Housing & Municipal Government

     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 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 title 45, and chapter 24 of 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 § 45-22.2-2, 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 are

made for terms of a 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

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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.

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     (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

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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.

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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 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 title 45. A zoning ordinance may provide for remuneration to the board members and for

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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.

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LC005857

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

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     This act would provide amendments to the membership provisions of planning boards and

commissions and would enable municipalities to establish "combined review boards" to replace

separate planning and zoning boards.

     This act would take effect on January 1, 2025.

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