2018 -- S 2866

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LC005489

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO TOWNS AND CITIES -- CONTINUING EDUCATION FOR LOCAL

PLANNING AND ZONING BOARDS

     

     Introduced By: Senators Euer, and McCaffrey

     Date Introduced: May 03, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 69

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CONTINUING EDUCATION FOR LOCAL PLANNING AND ZONING BOARDS

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     45-69-1. Purpose.

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     The purpose of this chapter is to establish requirements and standards for initial and

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continuing education programs for current members, prospective members and alternate members

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of local planning and zoning boards or commissions or any combined boards or commissions

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performing land planning or zoning functions as authorized pursuant to the general laws.

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     45-69-2. Applicability.

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     This chapter shall apply to the following:

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     (1) All current, future or alternate members of any local planning board or commission

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authorized pursuant to chapter 22 of title 45.

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     (2) All current, future or alternate members of any zoning board authorized pursuant to

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chapter 24 of title 45.

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     (3) All current, future or alternate members of any combined board or commission

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authorized pursuant to the general laws to have a role in local land use and planning.

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     45-69-3. Exemptions.

 

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     The following persons shall be exempt from the educational requirements established

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pursuant to this chapter:

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     (1) The chief municipal officer of the city or town or person designated to serve on a

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planning board in the absence of the chief executive officer.

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     (2) Any person who, within twelve (12) months of the compliance date of this chapter,

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offers satisfactory proof of having completed a course of study in land use law and planning that,

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in the determination of the director of the department of administration "director" in consultation

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with the division of statewide planning, is equivalent to or more extensive than the course offered

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pursuant to the requirements of this chapter.

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     45-69-4. Land use law and planning – Required education for local planning and

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zoning board members.

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     (a) Every current and prospective member and/or alternate member of a local planning

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and zoning board or commission and/or combined board or commission performing land planning

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or zoning functions shall be required to have satisfactorily completed an education program in

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land use law and planning to be prepared by the director of the department of administration. The

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director shall prepare the course of study in conjunction with the Rhode Island division of

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statewide planning and the department of business regulation in establishing the education

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programs standards, curriculum, and administration.

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     (b) The education program pursuant to this chapter shall be prepared and offered within

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six (6) months of the enactment of this chapter and shall include an introductory program offered

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for new or prospective board members and continuing education courses offered for existing

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board members. Furthermore, the education program shall be sufficient in design and duration to

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adequately and reasonably address the topic areas related to land use and planning including all

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topics determined relevant by the director, and shall consist of no less than three (3) hours of

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scheduled instruction for the introductory course or courses and no less than one hour of

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scheduled instruction for any subsequent annual continuing education requirements. Reasonable

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efforts shall be made by the director to have said course of study structured in such a manner that

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a member may satisfy these requirements through a variety of instructional means including, but

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not limited to, traditional style classroom and seminar training, distance learning, webinars, on-

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site presentations, and by other means as deemed appropriate by the director. Education program

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topics to be considered may include, but not be limited to, the following:

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     (1) History and purposes of planning and zoning;

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     (2) What state laws and local ordinances, rules and regulations are applicable to the work

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planning and zoning members do;

 

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     (3) Overview of the functions of the boards, statutory requirements, and the main tools of

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planning, zoning, and subdivision review;

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     (4) Role of others in the planning and zoning process (citizens, applicants, planning and

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zoning staff, and elected officials);

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     (5) Understanding and interpreting local comprehensive plans in helping to make land

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use decisions;

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     (6) Understanding basic property rights;

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     (7) Legal context for the decision-making process and making legal, defensible decisions;

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     (8) Basics of "findings of fact", making the record, and the legal context for planning;

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     (9) Public hearings, voting requirements and other key procedural requirements;

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     (10) How to review site plans and subdivisions;

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     (11) Types of conditions boards may impose when approving special permit or variance

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application;

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     (12) Open meetings/ethics requirements/avoiding ethical dilemmas;

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     (13) Proper ways to manage public meetings including quorums, recusals, and rules of

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order.

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     (c) On or after the first date on which the education program in land use law and planning

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is offered, except as otherwise provided in this chapter, a person shall not be seated as a first-term

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or re-appointed member or alternate member of a local planning or zoning board or commission

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or a combined board as authorized pursuant to this title, unless the person successfully completes

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the introductory education program required herein within six (6) months of assuming board

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membership and complete the required annual continuing education requirements as may be

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required in order to retain board membership.

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     (d) Except as otherwise provided in this chapter, any person who is serving as a member

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or alternate member of a planning board or zoning board or commission and/or combined board

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or commission performing land use and planning pursuant to general laws, shall be required to

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complete the introductory education program within six (6) months of the date upon which the

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course is first offered and complete the required annual continuing education requirements as

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may be required in order to retain membership on that board or commission.

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     45-69-5. Advisory committee.

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     The director shall appoint an advisory committee to assist in the development of the

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education program that shall include representatives from American Planning Association (R.I.

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Chapter), American Council of Engineering Companies - Rhode Island, Grow Smart Rhode

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Island, Rhode Island League of Cities and Towns, the Rhode Island Builders Association and the

 

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Rhode Island department of administration, division of planning.

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     45-69-6. Rules and regulations.

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     The director of the department of administration is hereby authorized and empowered to

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promulgate rules and regulations necessary to carry out the provision of this chapter.

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     SECTION 2. This act shall take effect on July 1, 2019.

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LC005489

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- CONTINUING EDUCATION FOR LOCAL

PLANNING AND ZONING BOARDS

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     This act would require initial and continuing education in land use law and planning for

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local planning and/or zoning board and commission members.

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     This act would take effect on July 1, 2019.

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