2019 -- S 0752

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LC002298

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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 - SUBDIVISION OF LAND

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: April 04, 2019

     Referred To: Senate Housing & Municipal Government

     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 planning

board members present at the time of the vote the current planning board membership. 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. A board member

who was absent at any hearing on a matter may, upon the consent of the applicant, vote on such

matter if the member certifies on the record at the hearing that the member has reviewed any

plans or materials submitted and the transcript or recording of the hearing(s) of such matter at

which the member was absent and is fully prepared to consider the matter and all the evidence

and testimony presented at all of the hearings on the application or request.

     (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. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND

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     This act would provide that planning board votes for approval require a majority of the

members present at the time of the vote, and that members absent at any hearing on a matter may,

upon the consent of the applicant, vote on such matter provided the member certified on the

record that the member has reviewed the any plans or materials submitted and the transcript or

recording of any hearing absent and is prepared to consider the matter.

     This act would take effect upon passage.

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