ARTICLE XII. - DEPARTMENT OF PLANNING AND DEVELOPMENT

Section 12.01. - Planning Board Organization.#

There shall be a Town Planning Board which shall consist of nine (9) regular members. The Board shall adopt its own rules of procedure and organize itself into committees as it wishes. The Board shall organize annually by electing a chairman, vice-chairman and secretary. Five (5) members shall constitute a quorum, but no action shall be taken by the Board without the concurring vote of four (4) members, or a majority, whichever is greater. Approval of any land development or subdivision application requires a minimum of five (5) affirmative votes.

Section 12.02. - Qualifications.#

No member of the Planning Board shall be an elected or appointed town official, or an employee of the Town, or of any department, commission, office or agency of the Town. All members of the Board shall be qualified electors of the Town of Burrillville.

Section 12.03. - Appointments, Terms, and Vacancies.#

The Board shall consist of nine (9) regular members who shall be appointed by the Town Council. The members of the Planning Board shall be appointed by the Town Council for a term of three (3) years. The Town Council shall fill any vacancy on the Board for the unexpired term within sixty (60) days of the date of vacancy. A vacancy shall exist if a member dies, resigns, ceases to be a full-time resident of the Town or is removed for due cause by the Town Council following a public hearing.

Section 12.04. - Powers and Duties.#

The Planning Board shall have such powers and perform such functions as are granted or assigned to it by the General Laws of Rhode Island or by town ordinance. The Planning Board shall administer the sub-division ordinance of the Town as required by that ordinance. Without exclusion of other powers and duties stated in the General Laws of Rhode Island or town ordinances it shall also be responsible to undertake such other work as may be assigned by the Town Council in connection with the physical growth and development of the Town as affecting the health, safety, morals and general welfare of the people and economy and efficiency of community life. The Planning Board shall provide accurate records of its examinations, official actions, and all proceedings to the Town Clerk in accordance with section 4.02 E.

(Res. of 06-22-2022 (1))

Section 12.05. - Zoning Board of Review Organization.#

There shall be a Zoning Board of Review which shall consist of five (5) regular members and two (2) alternate members. The Board shall adopt its own rules of procedure having to do with applications for variances, special exceptions or appeals. The Board shall organize annually by electing a chairman, vice-chairman and secretary.

Section 12.06. - Qualifications.#

No regular member or alternate member may be an elected or appointed town official, or an employee of the Town, or of any department, commission, office or agency of the Town. All regular members and alternate members shall be qualified electors of the Town of Burrillville.

Section 12.07. - Appointments, Terms, and Vacancies.#

The regular members shall be appointed by the Town Council for terms of five (5) years, provided that the original appointments were made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively. The alternate members shall be appointed by the Town Council for a term of one (1) year. The Town Council shall fill any vacancy in the board for the unexpired term within sixty (60) days of the date of vacancy.

Section 12.08. - Powers and Duties.#

The Zoning Board of Review shall have such powers and perform such functions as are granted or assigned to it by the General Laws of Rhode Island or by town ordinance. Without exclusion of other powers and duties stated in the General Laws of Rhode Island or town ordinances, the Board shall have these other powers and duties following: (A)

The chairman, or in his/her absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

(B)

The Board of Review shall make its own rules or procedure having to do with appeals to the Board, stay of proceedings on appeal and hearings of appeals to the Board, provided that such rules conform with law and amendments thereto.

(C)

The Board shall keep minutes of its proceedings, showing the vote of each participating member upon each question, and shall provide certified copies of the approved minutes to the Town Clerk in accordance with section 4.02 (E).

(D)

The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer in the enforcement of zoning ordinances of the Town.

(E)

The Board shall hear and decide special use permits to the terms of the ordinance, only when such special exception is specifically listed as "Use allowed by special exception" in Section 30-5, Zoning District Use Regulations of the local zoning ordinance.

(F)

The Board shall authorize upon application in specific cases such variance in the application of the ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

(G)

The Board may reserve or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken.

(H)

The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative officer, and the concurring vote of four (4) members of the Board shall be required to decide in favor of the applicant on any matter within the discretion of the Board upon which it is required to pass under such ordinance or to effect any variation in the application of such ordinance.

(I)

The Board may also act in a review capacity in other matters as may be specified in the General Laws of Rhode Island or by Town ordinance.

(Res. of 06-22-2022 (1))

Section 12.09. - Health Officer.#

There shall be a Health Officer, who shall be appointed by the Town Manager to investigate and determine alleged health hazards and to apprise the proper State and local authorities.

Section 12.10. - Zoning Officer.#

There shall be a Zoning Officer, who shall be appointed by the Town Manager to enforce the provisions of the local zoning ordinances and record all amendments thereto on the record thereof and on the zoning map.

Section 12.11. - Reserved.#

Editor's note— An amendment adopted at referendum Nov. 8, 2016, repealed former § 12.11 which pertained to the Minimum Housing Officer, and derived from the original Charter.

Section 12.12. - Town Planner.#

There shall be a Town Planner, who shall be appointed by the Town Manager and approved by the Town Council.

(Election of 11-8-2022)

Section 12.13. - Qualifications.#

The Planner shall have a degree in planning or a related field, or equivalent experience and must have experience in local planning and zoning, or a knowledge of generally accepted planning principles.

Section 12.14. - Duties and Responsibilities.#

Under the supervision of the Town Manager, the Town Planner shall: A.

Facilitate orderly administrative procedures relating to pending subdivisions for presentation to the Planning Board for its review.

B.

Review and evaluate preliminary plat proposals prior to submittal to the Planning Board.

C.

Conduct physical inspections of sites to determine compatibility with town zoning and subdivision standards.

D.

Make recommendations based on generally accepted planning principles to the Planning Board and Zoning Board of Review.

E.

Work with ongoing programs at the request of the Planning Board, Zoning Board of Review, Town Manager or Town Council.

F.

Assist the Town Manager in preparing applications for Federal funding and/or Federal grants for which the Town might be eligible.

G.

Attend in an advisory capacity at all Planning Board meetings and workshops, and attend Zoning Board of Review meetings, upon request of the Planning Board or Zoning Board.