DIVISION 3. - THE CENTRAL FALLS COMBINED PLANNING AND ZONING BOARD
Part of the Code of Ordinances of Central Falls, RI.
The text
Footnotes:
--- (7) --- Editor's note— An ordinance adopted June 9, 2025(4), § 1, amended Div. 3 in its entirety, in effect repealing and reenacting said Div. 3 to read as set out herein. The former Div. 3, §§ 2-283—2-289, pertained to similar subject matter and derived from An ordinance adopted March 14, 2022(1), § 1.
Sec. 2-283. - Creation, composition, appointment, and term of members.#
(a)
Establishment and procedures. A combined planning board and zoning board of review, herein called the "board, " is hereby established in accordance with G.L. 1956, §§ 45-22-1 and 45-24-56.1. The board shall take the place of the separate planning board and zoning board of review and any references to "zoning board" or "planning board" in this division, the zoning ordinance, or the land development and subdivision review regulations shall mean the board. The board shall have the powers, authority, responsibilities, and duties attributable to the zoning board or planning board as set forth in chapters 22, 22.2, 23, 24, 24.1, 32, and 53 of Title 45 of the Rhode Island General Laws. The board may engage legal, technical or clerical assistance to aid in the discharge of its duties. The division of planning shall serve as planning staff to the board. The city solicitor or his or her designee shall serve as legal counsel to the board. The board shall establish written rules of procedure within six months of the adoption of this division. Appeals and correspondence to the board shall be sent to the board in care of the division of planning. The division of planning shall file all records and decisions of the board. The agenda for a meeting of the board shall state clearly which matters are to be reviewed pursuant to its local and statutory authority.
(b)
Membership and attendance. The board shall consist of five members who are residents of Central Falls, appointed by the mayor and confirmed by the city council, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four, and five years, respectively. The board shall also include two alternates to be designated as the first and second alternate members, for terms of five years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. All current members of the planning board and the zoning board of review shall have their current terms terminated upon the effective date of this division and the mayor shall nominate the five regular members and two alternate members within 30 days of the effective date of this division. All members appointed by the mayor shall serve until their respective successors shall have been appointed and approved by the city council.
(c)
Powers and duties. The board shall have such powers, authority, responsibilities, and duties attributable to the city's planning board and the zoning board of review as set forth in the city's home rule charter, the code of ordinances and all relevant city, state and federal laws.
(d)
Removal of members. Board members may be removed by a majority vote of the city council, upon the written recommendation of the mayor, for cause, including, but not limited to, the failure to attend three consecutive regular meetings.
(e)
References hereafter. Wherever the terms 'zoning board,' 'zoning board of review,' 'planning board,' or 'planning commission' are used in any city charter, code, administrative or regulatory provision, they shall be interpreted to refer to this board.
(f)
Quorum, meetings and votes. A minimum of four members shall constitute a quorum. No member or alternate may vote any matter before the board unless they have attended all hearings concerning that matter. A decision by the board to approve any land development or subdivision application requires a vote for approval by a majority of board members present at the time of the vote. The concurring vote of a majority of members of the board 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, or to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken.
(g)
Agendas, applications. The agenda for a meeting of the board shall state clearly which matters are to be reviewed pursuant to local and statutory authority. Nothing herein shall change or alter the application, procedure, voting, notice or other requirements set forth in the chapter governing the underlying application before the board.
(h)
Education. Each member of the board 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 years pursuant to state law, including, but not limited 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 or alternate member of the board shall be required to complete the introductory education program within 24 months of appointment, and shall also complete any required annual continuing education requirements as may be required. No decision of the board shall be voided or declared invalid because of failure of a member to comply with these training requirements.
(Ord. of 6-9-2025(4), § 1)
Sec. 2-284. - Filling vacancies.#
Any vacancy occurring among the members shall be filled for the unexpired term in the same manner as the original appointment or election.
(Ord. of 6-9-2025(4), § 1)
Sec. 2-285. - Organization.#
In January of each year, the board shall organize by electing from its own members a chair, a vice-chair, and a secretary. The chairperson, or in his/her absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas. If both the chairperson and vice-chair are not present for a meeting, the remaining members shall elect a member to chair that meeting.
(Ord. of 6-9-2025(4), § 1)
Sec. 2-286. - Compensation.#
All members may receive compensation, as determined by the city council, for services rendered by the board.
(Ord. of 6-9-2025(4), § 1)
Sec. 2-287. - Regular and special meetings.#
Regular meetings shall be held at least monthly, on such day as may be determined, and special meetings may be held at any time at the call of the chair or upon the written request of three members.
(Ord. of 6-9-2025(4), § 1)