§ 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 the 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 this title ("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;
(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 this title 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 January 1, 2023, 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.