2019 -- H 5729

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LC001224

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO TOWNS AND CITIES - LOCAL PLANNING BOARD OR COMMISSION

     Introduced By: Representatives Carson, and Shekarchi

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-22-7 of the General Laws in Chapter 45-22 entitled "Local

Planning Board or Commission" is hereby amended to read as follows:

     45-22-7. Powers and duties of a planning board or commission.

     (a) A planning board or commission shall have the sole responsibility for performing all

those acts necessary to prepare a comprehensive plan for a municipality in accordance with the

provisions of chapter 22.2 of title 45.

     (b) Pursuant to § 45-23-51, a planning board or commission shall be empowered by the

city or town council, by ordinance, to adopt, modify, and amend regulations and rules governing

land-development and subdivision projects within that municipality and to control land-

development and subdivision projects pursuant to those regulations and rules. The planning board

or commission shall also provide for the administration, interpretation, and enforcement of land-

development and subdivision review regulations, pursuant to § 45-23-52.

     (c) When directed by the city or town zoning ordinance pursuant to § 45-24-46.4 and the

city or town land development and subdivision review regulations pursuant to § 45-23-50.1, a

planning board or commission shall have the power to review and approve, approve with

conditions, or deny requests for variances and special-use permits submitted as part of land-

development and subdivision applications.

     (d) A planning board or commission established under the provisions of this chapter shall

make studies and prepare plans and reports on the needs and resources of the community with

reference to its physical, economic, and social growth and development as affecting the health,

safety, morals, and general welfare of the people. The studies, plans, and reports shall concern,

but not necessarily be limited to, the following:

     (1) Land use and land-use regulation;

     (2) Transportation facilities;

     (3) Public facilities, including recreation areas, utilities, schools, fire stations, police

stations, and others;

     (4) Blighted areas, including the designation of general areas for redevelopment, renewal,

rehabilitation, or conservation;

     (5) Problems of housing and the development of housing programs;

     (6) Environmental protection;

     (7) Natural resource conservation;

     (8) Protection from disaster;

     (9) Economic and social characteristics of the population;

     (10) Preservation of historic sites and buildings; and

     (11) Economic development.

     (e) When directed by the city or town council or by the appointing authority, a planning

board or commission shall prepare an annual capital budget and a comprehensive, long-range

capital-improvement program for submission to the council, the appointing authority, or other

designated official or agency.

     (f) A planning board or commission shall submit an advisory opinion and

recommendation on all zoning matters referred to it by the zoning board of review under the

provisions of the city or town zoning ordinance and report on any other matter referred to it, by

the city or town council, the chief executive, or the appointing authority.

     (g) A planning board or commission shall perform any other duties that may be assigned

to the board or commission, from time to time, by any act of the general assembly or by any

ordinance, code, regulation order, or resolution of the city or town council or by the appointing

authority.

     (h) A planning board or commission has authority to call upon other departments, boards,

and committees of the city or town and upon regional, state, and federal agencies for information

and assistance necessary to the performance of its duties, and shall cooperate with the city or

town, regional, state, and federal agencies on matters of community, regional, and state planning

and development.

     (i) Each planning board or commission must adopt a provision requiring any person who

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will be required to file a request for access pursuant to § 24-8-34 to file that request not later than

the day on which that person files any document in connection with the project in question with

the applicable town or city, and to provide a copy of the request to the town or city.

     (j) Each member of a planning board or commission shall participate in training and

education classes concerning the effects of development in a flood plain and the effects of sea-

level rise once every two (2) years promulgated pursuant to chapter 69 of title 45 entitled

"continuing education for local planning and zoning boards" which requires annual continuing

education and biennial education components. Each member shall complete two (2) hours of

training in order to be certified for the two (2) years required by this subsection. Upon completion

of the training, the planning board or commission member shall file with the municipal clerk a

statement asserting that the training course has been completed.

     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

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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) active 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 five (5) active members are

entitled to vote on any issue;

     (ii) The concurring vote of three (3) of the five (5) 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) 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.

     (3) All members, including alternate members, or any zoning board shall be required to

participate in continuing education courses promulgated pursuant to chapter 69 of title 45 entitled

"continuing education for local planning and zoning boards".

     SECTION 3. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

amended by adding thereto the following chapter:

CHAPTER 69

CONTINUING EDUCATION FOR LOCAL PLANNING AND ZONING BOARDS

     45-69-1. Purpose.

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

and continuing education programs for members and alternate members of local planning boards

or commissions or any combined boards or commissions or zoning boards performing land

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

     45-69-2. Applicability.

     This chapter shall apply to the following:

     (1) All members, including alternate members, of any local planning board or

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commission authorized pursuant to chapter 22 of title 45.

     (2) All members, including alternate members, of any zoning board or commission

authorized pursuant to chapter 24 of title 45.

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

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

     45-69-3. Land use law and planning – Required education for local planning and

zoning board members.

     (a) Every current member or alternate member of a local planning and zoning board or

commission or combined board or commission performing land planning or zoning functions

shall be required to have satisfactorily completed an education program in land use law and

planning to be prepared by the director of the department of administration.

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

twelve (12) months of the enactment of this chapter and shall include an introductory program

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

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

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

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

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

scheduled instruction for any subsequent annual continuing education requirements. Reasonable

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

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

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

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

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

     (1) History and purposes of planning and zoning;

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

planning and zoning members do;

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

planning, zoning, and subdivision review;

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

zoning staff, and elected officials);

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

use decisions;

     (6) Understanding basic property rights;

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

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

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

     (10) How to review site plans and subdivisions;

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

variance application(s);

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

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

order.

     (c) Every current member or alternate member of a local planning board pursuant to

chapter 22 of title 45 shall, in addition to any other education requirement promulgated pursuant

to this chapter, complete two (2) hours of training and education concerning the effects of

development in a flood plain and the effects of sea-level rise once every two (2) years. Each

member shall complete two (2) hours of training in order to be certified for the two (2) years

required by this chapter.

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

or alternate member of a planning, zoning, or combined board or commission performing land

use and planning pursuant to general laws, shall be required to complete the introductory

education program within twenty-four (24) months of the effective date of this chapter or within

(24) months of appointment, whichever is later, and shall also complete the required annual

continuing education requirements as may be required. No decision of a planning board, zoning

board shall be voided or declared invalid because of failure of a member to comply with these

training requirements.

     (e) Upon completion of the training required pursuant to this chapter, the local planning

and zoning board or commission or combined board or commission member shall file with the

municipal clerk a statement asserting the training course has been completed.

     45-69-4. Exemptions.

     The following persons shall be exempt from the educational requirements established

pursuant to this chapter:

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

planning board in an ex officio and non-voting capacity.

     (2) Any person who offers satisfactory proof of having completed a course of study in

land use law and planning within one year prior to the effective date of this chapter, that, in the

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

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

pursuant to the requirements of this chapter will be exempt from the initial three (3) hours of

training, but still are subject to annual continuing education requirements. An

appointee/reappointee must file with the city or town clerk a statement explaining why he or she

is exempt from the initial introductory training following the effective date of this chapter.

     (3) Any person who demonstrates that he or she is certified by the American Institute of

Certified Planners (AICP) or has a master's or doctorate degree in planning from an accredited

college or university will be exempt from the initial three (3) hours of training, but still are

subject to annual continuing education requirements. An appointee/reappointee must file with the

city or town clerk a statement explaining why he or she is exempt from the initial introductory

training following the effective date of this chapter.

     45-69-5. Advisory committee.

     The state planning council shall appoint an advisory committee to assist in the

development of the education program that shall include, but not be limited to, representatives

from American Planning Association (R.I. Chapter), American Council of Engineering

Companies - Rhode Island, Grow Smart Rhode Island, Rhode Island League of Cities and Towns,

the Rhode Island Builders Association and the University of Rhode Island Coastal Resource

Center. The division of statewide planning shall provide administrative support to and facilitate

meetings of the advisory committee to meet at a minimum of once a year to evaluate and make

improvements to the training program.

     45-69-6. Rules and regulations.

     The state planning council is hereby authorized and empowered to promulgate rules and

regulations necessary to carry out the provisions of this chapter. The department of administration

division of statewide planning shall submit to the governor, the speaker of the house, and the

senate president, a report detailing the program development and completion levels of training by

board members of each community no later than April 30, 2023.

     SECTION 4. This act shall take effect on July 1, 2019.

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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 require initial, biennial, and continuing education in land use law and

planning for local planning, zoning, or historic board and commission members.

     This act would take effect on July 1, 2019.

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