The text
Footnotes:
--- (1) --- Cross reference— Boards, commissions, and committees, § 2-71 et seq.; buildings and building regulations, ch. 6; environment, ch. 12; land subdivision, ch. 15; redevelopment agency, ch. 19; streets, sidewalks and other public places, ch. 24; waterways, ch. 28; zoning, ch. 30.
Sec. 17-1. - Title.#
This chapter shall be known and may be cited as the planning board ordinance of the town.
(Ord. of 1-24-1996(2), § 10-1)
Sec. 17-2. - Established.#
There is hereby established a town planning board which shall consist of nine 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 members shall constitute a quorum but no action shall be taken by the board without the concurring vote of four members or a majority, whichever is greater. Except a decision by the planning board to approve any land development or subdivision application shall require a vote for approval by a majority of the current planning board membership.
(Ord. of 1-24-1996(2), § 10-1.1)
Sec. 17-3. - 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.
(Ord. of 1-24-1996(2), § 10-1.2)
Sec. 17-4. - Appointments and vacancies.#
The board shall consist of nine members who shall be appointed by the council. All appointments shall be for the term of three years. The council shall fill any vacancy on the board for the unexpired term within 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.
(Ord. of 1-24-1996(2), § 10-1.3)
Sec. 17-5. - Compensation.#
Members of the planning board may receive such compensation as set by the town council within the limitations of funds appropriated for this purpose. The board members may be reimbursed within the limitations of funds appropriated for expenses incurred in the performance of their duties.
(Ord. of 1-24-1996(2), § 10-1.4)
Sec. 17-6. - Powers and duties.#
The planning board shall have the following powers and duties: (1)
Comprehensive plan. The board shall have the sole responsibility for performing all those acts necessary to prepare a comprehensive plan for the municipality. In developing or reviewing a comprehensive plan the following process shall be followed:
a.
The board shall conduct public hearings and develop a strategy to solicit and strongly encourage citizen input into the comprehensive planning process.
b.
The board shall include within the comprehensive plan an implementation component, and recommendations to the town council regarding the adoption of the plan or amendments thereto.
(2)
Public hearings. In order to encourage citizen participation in the comprehensive planning process the planning board is directed to recommend comprehensive plans only after soliciting and considering public input. Public hearings by the planning board and the town council are required to be held prior to the adoption of the comprehensive plan or amendments thereto. The adoption or amendment of the comprehensive plan by the town council shall be as provided in the town Charter except that the plan need not be published in its entirety in a newspaper of general circulation.
(3)
Compliance with state law. The planning board shall comply with the provisions of G.L. 1956, § 45-22.2-1 et seq. entitled, "Rhode Island Comprehensive Planning and Land Use Act," when preparing and amending the comprehensive plan.
(4)
Updating the plan. The planning board as a minimum shall recommend updates to the comprehensive plan at least every five years.
(5)
Studies, plans and reports. The board shall make studies of the resources and needs of the town with reference to its physical, economic, and social growth and development as affecting the health, safety, morale and general welfare of the people. Such studies, plans and reports may concern among other things the following:
a.
Land use and land use regulation.
b.
Transportation facilities.
c.
Public utilities.
d.
Public facilities and site locations including recreation areas, schools, fire, police and other principal structures and developments.
e.
Blighted areas including plans for redevelopment, renewal, rehabilitation or conservation.
f.
Problems of housing and the development of housing programs.
g.
Natural resources conservation.
h.
Environmental protection.
i.
Protection from disaster.
j.
Economic and sociological characteristics.
k.
Preservation of historic sites and buildings.
l.
Economic development.
(6)
Findings and recommendations. The planning board shall submit an advisory opinion and recommendation on all zoning matters referred to it, or any other matter referred to it, by the town council. In cases of zoning amendments, the board shall in turn notify and seek the advice of the planning department. The board shall report back to the town council within 45 days of receipt of a request for advisory opinion giving its findings and recommendations. Among its findings and recommendations, the board shall:
a.
Include a statement on the general consistency of the proposal with the town's comprehensive plan; and
b.
Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in G.L. 1956, § 45-24-30.
Upon request from the zoning board of review, the planning board and/or planning department shall report its findings and recommendations, including a statement on the general consistency of the application before the zoning board, with the goals and purposes of the town's comprehensive plan. The report shall be made in writing and shall be made within 30 days of receipt of the request from the zoning board of review. (7)
Assistance and cooperation. The planning board shall have authority to call upon other departments, boards and committees of the town and upon regional, state and federal agencies for assistance in the performance of its designated functions and shall cooperate with such city or town, regional, state and federal agencies on matters of community regional and state planning.
(8)
Authority to adopt, modify and amend. The planning board is empowered by the town council, pursuant to G.L. 1956, § 45-23-51, to adopt, modify and amend regulations and rules governing land development and the subdivision projects within the town and to control land development and subdivision projects pursuant to these regulations and rules.
(9)
Additional duties. The planning board shall carry out such other duties as may be assigned to the board from time to time by any act of the general assembly or by any ordinance, code, regulation, order or resolution of the town council.
(Ord. of 1-24-1996(2), § 10-1.5)
Sec. 17-7. - Technical assistance.#
Within the limits of the funds appropriated for its use, the planning board may engage technical or clerical assistance to aid in the discharge of its duties. The planning board may, subject to confirmation of the town council and within the limits of the funds appropriated to it, enter into cooperative agreements with private, state, regional or federal agencies for technical assistance and studies deemed to be in the best interest of the community.
(Ord. of 1-24-1996(2), § 10-1.6)
Sec. 17-8. - Reports.#
The planning board shall submit an annual report to the town council summarizing the work of the preceding year and recommending programs, plans and actions for future development. All reports of the planning board shall be submitted to the town council and to any other designated agency or official and thereafter, upon approval of the town council, may be published for general distribution.
(Ord. of 1-24-1996(2), § 10-1.7)
Sec. 17-9. - Town planner.#
The planning board shall recommend a person to the town manager to be appointed town planner. This recommendation shall be in accordance with sections 12.12 and 12.13 of the town Charter.
(Ord. of 1-24-1996(2), § 10-1.8)
Sec. 17-10. - Board of appeals.#
The town zoning board shall be the board of appeals to hear appeals of decisions of the planning board or the administrative officer on matters of review and approval of land development and subdivision projects as provided by G.L. 1956, § 45-23-57.
(Ord. of 1-24-1996(2), § 10-2)