§ 45-23-63. Procedure — Meetings — Votes — Decisions and records. [Effective until January 1, 2023.]
(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. 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.
History of Section.P.L. 1992, ch. 385, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1; P.L. 2016, ch. 527, § 2; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1.
§ 45-23-63. Procedure — Meetings — Votes — Decisions and records. [Effective January 1, 2023.]
(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. 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.
History of Section.P.L. 1992, ch. 385, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1; P.L. 2016, ch. 527, § 2; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1; P.L. 2022, ch. 208, § 1, effective January 1, 2023; P.L. 2022, ch. 209, § 1, effective January 1, 2023.
Structure Rhode Island General Laws
Chapter 45-23 - Subdivision of Land
Section 45-23-1 - — 45-23-24. Repealed.
Section 45-23-26. - Requirement in all municipalities.
Section 45-23-27. - Applicability.
Section 45-23-28. - Continuation of ordinances — Supersession — Relation to other statutes.
Section 45-23-29. - Legislative findings and intent.
Section 45-23-32. - Definitions.
Section 45-23-33. - General provisions — Required contents of local regulations.
Section 45-23-34. - General provisions — Definitions.
Section 45-23-35. - General provisions — Pre-application meetings and concept review.
Section 45-23-37. - General provisions — Administrative subdivision.
Section 45-23-38. - General provisions — Minor land development and minor subdivision review.
Section 45-23-39. - General provisions — Major land development and major subdivision review stages.
Section 45-23-40. - General provisions — Major land development and major subdivision — Master plan.
Section 45-23-43. - General provisions — Major land development and major subdivision — Final plan.
Section 45-23-44. - General provisions — Physical design requirements.
Section 45-23-45. - General provisions — Public design and improvement standards.
Section 45-23-46. - General provisions — Construction and/or improvement guarantees.
Section 45-23-48. - Special provisions — Phasing of projects.
Section 45-23-49. - Special provisions — Land development projects.
Section 45-23-49.1. - Farmland residential compounds.
Section 45-23-50. - Special provisions — Development plan review.
Section 45-23-50.1. - Special provisions — Unified development review.
Section 45-23-51. - Local regulations — Authority to create and administer regulations.
Section 45-23-52. - Local regulations — Procedure for adoption and amendment.
Section 45-23-53. - Local regulations — Public hearing and notice requirements.
Section 45-23-54. - Local regulations — Publication and availability.
Section 45-23-55. - Administration — The administrative officer.
Section 45-23-56. - Administration — Technical review committee.
Section 45-23-57. - Administration — The board of appeal.
Section 45-23-58. - Administration — Administrative fees.
Section 45-23-59. - Administration — Violations and penalties.
Section 45-23-60. - Procedure — Required findings.
Section 45-23-62. - Procedure — Waivers — Modifications and reinstatement of plans.
Section 45-23-63.1. - Procedure — Tolling of expiration periods.
Section 45-23-64. - Procedure — Signing and recording of plats and plans.
Section 45-23-65. - Procedure — Changes to recorded plats and plans.
Section 45-23-66. - Appeals — Right of appeal.
Section 45-23-67. - Appeals — Process of appeal.
Section 45-23-68. - Appeals — Stay of proceedings.
Section 45-23-69. - Appeals — Public hearing.
Section 45-23-70. - Appeals — Standards of review.
Section 45-23-71. - Appeals to the superior court.
Section 45-23-72. - Appeals to the superior court — Enactment of or amendment of local regulations.
Section 45-23-73. - Appeals to the superior court — Priority in judicial proceedings.