2020 -- H 7629

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LC004453

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

     RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND - ZONING

ORDINANCES

     Introduced By: Representatives Shekarchi, Craven, Ucci, Blazejewski, and Shanley

     Date Introduced: February 14, 2020

     Referred To: House 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. Sections 45-24-56 and 45-24-57 of the General Laws in Chapter 45-24

entitled "Zoning Ordinances" are hereby amended to read as follows:

     45-24-56. Administration -- Zoning board of review -- Establishment and

procedures.

     (a) 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 consists of five (5) members, each to hold office for the

term of five (5) years; provided, that the original appointments are made for terms of one, two (2),

three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two

(2) alternates to be designated as the first and second 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 and the second shall vote if two (2) 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. 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

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town of Jamestown consists of five (5) members, each to hold office for the term of five (5)

years; provided, that the original appointments are 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 also

includes 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.

     (f) Notwithstanding the provisions of subsection (b) of this section, 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) of this section, the zoning board of

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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) of this section, 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 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) of this section, 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 (1st), second (2nd) and third (3rd) 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

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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) of this section, 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 (1st), second (2nd), third (3rd), and fourth (4th), 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.

     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;

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     (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 determine, upon application, whether a claimed nonconforming use exists; and

     (ix) 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) Four (4) active members, which may include alternates, 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, which may include alternates, are entitled to vote

on any issue;

     (ii) The concurring vote of three (3) of the five (5) a majority of 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) a majority of 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 on January 1, 2021, and shall be prospective only

and not applicable to any current zoning or planning hearing or appeal.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND - ZONING

ORDINANCES

***

     This act would provide that:

     (1) Planning board votes for approval require a majority vote of the members present at

the time of the vote; and

     (2) A quorum of the zoning board of review would be four (4) members authorized to

vote which may include alternate members.

     This act would take effect on January 1, 2021 and would be prospective only and not

applicable to any current zoning or planning hearing or appeal.

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