2022 -- H 7023 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

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

     Introduced By: Representatives Carson, and Craven

     Date Introduced: January 10, 2022

     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 pursuant to chapter 70 of title 45 entitled "Continuing education for

local planning and zoning boards and historic district commissions" 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

application would otherwise be approved except that one or more state or federal agency approvals

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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, of any zoning board shall be required to

participate in continuing education courses promulgated pursuant to chapter 70 of title 45 entitled

"Continuing education for local planning and zoning boards and historic district commissions."

     SECTION 3. Section 45-24.1-3 of the General Laws in Chapter 45-24.1 entitled "Historical

Area Zoning" is hereby amended to read as follows:

     45-24.1-3. Creation of commission authorized -- Membership appointment -- Term of

office.

     (a) In order to carry out the purposes of this chapter any city or town council shall have the

authority to create a commission called the historic district commission. The membership of a

commission in a city shall consist of seven (7) qualified members, and in a town shall consist of

not less than three (3) nor more than seven (7) qualified members, whose residence is located in

the city or town; and provided, that the historic district commission of the city of Providence shall

consist of eleven (11) qualified members, two (2) of whom shall be members of the city council

elected by the city council from its councilmanic members to serve for a term of four (4) years. In

a city the members shall be appointed by the mayor, except as provided in the case of the historic

district commission of the city of Providence, and in a town, by the president of the town council.

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Members of an historic district commission shall be residents of the city or town.

     (b) The appointed members of the commission shall be appointed for three (3) year terms,

except the initial appointments of some of the members shall be for less than three (3) years so that

the initial appointments are staggered and so that subsequent appointments do not reoccur at the

same time.

     (c) Any city or town has the right to name an auxiliary member of the commission

appointed in addition to the regular members of the commission; provided, that the city of Newport

shall have the right to appoint two (2) auxiliary members to its historic district commission. An

auxiliary member shall sit as an active member, upon the request of the chair, when and if a regular

member of the commission is unable to serve at any meeting of the commission.

     (d) Appointed members of the commission are eligible for reappointment, and, upon the

expiration of their term, shall continue to serve until replaced unless otherwise provided for in local

law.

     (e) In the event of a vacancy on the commission, interim appointments of appointed

members may be made by the appointing authority to complete the unexpired term of the position.

     (f) Organized and existing preservation societies may present to the appointing authority

of a city or town a list of qualified citizens, from which list the appointing authority may select

members of the commission for his or her respective city or town.

     (g) Members of a commission shall serve without compensation.

     (h) Members of a commission shall be required to participate in continuing education

courses promulgated pursuant to chapter 70 of title 45.

     SECTION 4. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

amended by adding thereto the following chapter:

CHAPTER 70

CONTINUING EDUCATION FOR LOCAL PLANNING AND ZONING BOARDS AND

HISTORIC DISTRICT COMMISSIONS

     45-70-1. 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 or any historic district

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

laws.

     45-70-2. Applicability.

     This chapter shall apply to the following:

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

     (4) All members, including alternate members, of any historic district commission

authorized pursuant to chapter 24.1 of title 45.

     45-70-3. Land use law and planning -- Required education for local planning and

zoning board members and historic district commission members.

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

commission or combined board or commission or historic district 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) State laws and local ordinances, rules and regulations applicable to the work of planning

and zoning members, including a full review of chapter 53 of title 45 ("Rhode Island Low and

Moderate Income Housing Act");

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

planning, zoning, and subdivision review;

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     (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;

     (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; and

     (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 or historic district

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 or historic district commission 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 or historic district commission

member shall file with the municipal clerk a statement asserting the training course has been

completed.

     45-70-4. Exemptions.

     The following persons shall be exempt from the educational requirements established

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

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

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; however, remain 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; however, remain

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.

     45-70-5. 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 the American

Planning Association (R.I. Chapter), American Council of Engineering Companies - Rhode Island,

Grow Smart Rhode Island, Rhode Island League of Cities and Towns, Rhode Island Builders

Association, University of Rhode Island Coastal Resource Center and the Office of Housing and

Community Development. 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.

     45-70-6. 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 no later than December 31, 2022.

The department of administration, division of statewide planning, shall submit to the governor, the

speaker of the house of representatives, 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, 2027.

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     SECTION 5. This act shall take effect on July 1, 2022.

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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 and zoning board members and members of historic district

commissions.

     This act would take effect on July 1, 2022.

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