SECTION 9.0. - ADMINISTRATION OF THE REGULATIONS

Footnotes:

--- (4) --- Editor's note— An ordinance adopted Dec. 12, 2023, amended section 9.0, §§ 9.1—9.8 in its entirety to read as herein set out. Former section 9.0 pertained to similar subject matter.

Sec. 9.1. - Administrative officer.#

The town planner shall serve as the administrative officer, and in that capacity shall supervise and coordinate the town's land use planning functions. If the administrative officer is absent or unavailable, the chairman of the planning board will act as the temporary administrative officer. Alternatively, the chairman can seek approval from the planning board to engage technical services from a qualified third party to serve as a temporary administrative officer. This provision is provided for in R.I. Gen. Laws § 45-22-59(c). The administrative officer shall be responsible for: A.

Administration of the land development and subdivision regulations.

B.

Coordinating the review, approval, and recording of land development projects and subdivisions the planning board.

C.

Review and approval of applications for which administrative approval is authorized.

D.

Coordinating planning functions with other municipal officials, with adjacent towns, and with the state.

E.

Enforcement of these regulations and enforcement of conditions placed on approval of land development projects.

(Ord. of 12-12-2023(2))

Sec. 9.2 - Violations and penalties.#

A.

The administrative officer shall refer violations of these regulations to the town solicitor for prosecution. Violations include, but are not limited to, the following:

1.

Failing or refusing to adhere to any requirement imposed by these regulations;

2.

Failure to adhere to any of the conditions placed on any approval by the planning board or the administrative officer;

3.

The transfer or conveyance of any land, by referring to, showing, or otherwise using a plat or plan that has not been recorded in the land evidence records.

B.

The penalty for violation shall reasonably relate to the seriousness of the offense, and shall not exceed $500.00 for each violation. Each day of existence of any violation is a separate offense. Any fine imposed shall inure to the Town.

C.

The town shall have the authority to bring suit in the Superior Court to restrain the violation of these regulations or to compel compliance with these regulations.

D.

The town shall have the authority to consolidate an action seeking the imposition of fines with an action for injunctive relief.

(Ord. of 12-12-2023(2))

Sec. 9.3. - Precedence of approvals between planning board and town council.#

Where an applicant requires both planning board approval and town council approval for a zoning ordinance or zoning map amendment, the applicant shall first obtain an advisory recommendation on the zoning ordinance amendment from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, then obtain a conditional zoning ordinance amendment from the town council, and then return to the planning board for subsequent required approval.

(Ord. of 12-12-2023(2))

Sec. 9.4. - Meetings, votes, decisions and records.#

A.

All records of the planning board proceedings and decisions shall be written and kept permanently available for public review in the town hall. Completed applications for proposed land development and subdivision projects under review by the planning board shall be available for public review at the town hall.

B.

Participation in a planning board meeting or other proceedings by any party shall not be 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, town departments, state and federal agencies, and local commissions shall be part of the permanent record of the development application.

D.

All votes of the planning board shall be made part of the permanent record and shall show the members present and their votes. 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 planning board members present and voting.

(Ord. of 12-12-2023(2))

Sec. 9.5. - Signing and recording of plats and plans.#

A.

All approved final plans and plats for land development projects and subdivisions shall be signed and dated by the administrative officer or the planning board chairperson. Plans and plats for major land development projects and subdivisions shall be signed by the planning board chairperson or by the administrative officer with the authorization of the planning board.

B.

Signed plans and plats shall be submitted to the administrative officer before recording. The material to be recorded for all approved projects shall include all pertinent plans with notes thereon concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development, permits and agreements with state and federal reviewing agencies, and other information as required by the administrative officer.

C.

The documents and plans relating to every application, including meeting minutes, plans submitted for each stage of approval, site analyses, impact analyses, legal documents, records of the public hearing and all plans that received final approval shall be kept permanently by the planning department.

D.

The administrative officer shall notify the statewide 911 emergency authority and the local police and fire authorities servicing the new plat with the information required by each of the authorities.

E.

All plans, plats, surveys, easements, or other graphic representations of land subdivisions that do not constitute a subdivision or land development project under these regulations shall be reviewed and authorized for recording in the office of the town clerk, only upon a finding by the administrative officer that planning board approval is not required under these regulations.

(Ord. of 12-12-2023(2))

Sec. 9.6. - Changes to recorded plats and plans.#

A.

Changes to a recorded final plan must be approved before building permits are issued for construction on the property platted. Any such changes shall be recorded as an amended final plan.

B.

The administrative officer shall have the authority to approve minor changes to a recorded plat. Minor changes shall include, but are not limited to, changes that are the equivalent of an administrative subdivision. The applicant shall submit a written request and an amended plat for approval.

C.

Major changes to a recorded plan must be approved by the planning board. Major changes include, but are not limited to, changes that would create additional lots or dwelling units for development or changes that may have significant negative impacts on property in the vicinity of the development. Major changes require a public hearing. The administrative officer shall have the authority to determine the stage of approval required and the application material that must be submitted.

(Ord. of 12-12-2023(2))