ARTICLE II. - BOARDS, COMMITTEES, COMMISSIONS

Footnotes:

--- (2) --- Cross reference— Board of recreation, § 11-26 et seq.; historic district commission established, § 7-2; police commission, § 4-25 et seq.; recreation board created, § 11-26 et seq.; zoning board of review, App. A, § 19.

DIVISION 1. - GENERALLY#

Secs. 2-26—2-40. - Reserved.#

DIVISION 2. - RESERVED#

Footnotes:

--- (3) --- Editor's note— Ch. 226, § 1, adopted September 17, 2012, repealed §§ 2-41—2-45, which pertained to board of finance and derived from Ch. 80, §§ 1—3, 3-3-86; Ch. 94, § 1, 11-16-87; Ch. 194, § 1, 5-21-07.

Secs. 2-41—2-65. - Reserved.#

DIVISION 3. - CONSERVATION COMMISSION#

Footnotes:

--- (4) --- Cross reference— Buildings and building regulations, Ch. 5; historic preservation, Ch. 7; mobile homes and mobile home parks and camping areas, Ch. 9; parks and recreation, Ch. 11; zoning, App. A.

State Law reference— Conservation commissions, G.L. 1956, § 45-35-1 et seq.

Sec. 2-66. - Created, purposes, etc.#

There is hereby created a commission, to be called the conservation commission, the purpose of which is to promote and develop the natural resources, to protect the watershed resources, and to preserve natural esthetic areas within the town. Such commission shall conduct researches into local land areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes. It may recommend to the town council a program for the better promotion, development, utilization, or preservation of open areas, streams, shores, wooded areas, roadsides, swamps, marshlands, and natural esthetic areas, which shall also include areas to be included for recreational facilities for the town. It shall keep accurate records of its meetings and actions, and shall file an annual report with the town council.

(Ch. 23, § 1, 8-4-69)

Sec. 2-67. - Composition; appointment, terms, organization.#

(a)

The conservation commission shall consist of five (5) members appointed by the town council, and a quorum at any meeting shall consist of at least three (3) members. The members of such commission shall be appointed for three-year terms, except the initial appointments of the members shall be as follows: two (2) members for one (1) year; two (2) members for two (2) years and (1) member for three (3) years.

(b)

At the first meeting of the conservation commission, the members shall elect a chairman, a vice-chairman, and shall organize such committees as they shall deem necessary for the performance of their duties. In the event of a vacancy, interim appointments shall be made by the town council to complete the unexpired term of such position. To effectuate coordination of related endeavors, the town planning board and/or any other board, commission or agency concerned with resource use, shall notify the commission of any proposals concerning natural resources made by or to any of them.

(Ch. 23, § 2, 8-4-69; Ch. 227, § 1, 11-19-12)

Sec. 2-68. - Meetings.#

All meetings of the conservation commission shall be open to the public, and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the commission before it reaches its decision. All records of its proceedings, resolutions and actions shall be open to public view.

(Ch. 23, § 3, 8-4-69)

Secs. 2-69—2-85. - Reserved.#

DIVISION 4. - ECONOMIC DEVELOPMENT COMMISSION#

Sec. 2-86. - Established.#

Pursuant to Public Laws, 1985, Chapter 22, there is hereby established an economic development commission in the town.

(Ch. 76, § 1, 7-1-85)

Sec. 2-87. - Purpose.#

The economic development commission shall study, investigate, promote and encourage the preservation, expansion and sound development in the town of industry, business, commerce and tourism. The commission shall be considered the economic development agency in the town.

(Ch. 76, § 2, 7-1-85)

Sec. 2-88. - Membership and organization.#

(a)

The town council may appoint up to ten (10) members to the economic development commission, but in no case shall there be less than five (5) members. All members shall be residents of the town. Appointments shall be made by the town council for staggered terms of five (5) years, with no more than four (4) terms to expire in each year.

(b)

Members shall be appointed for five-year terms upon the expiration of a member's term. A vacancy in the membership shall be filled by the town council for the remainder of the unexpired term. Any member may be removed by the town council for good and sufficient cause following a public hearing.

(c)

The economic development commission shall organize annually by electing a chairperson, vice-chairperson and secretary. The commission shall meet within thirty (30) days after their appointment at the call of the town council, and thereafter on a regular basis at the call of the chairperson. The presence of a majority of the currently appointed members shall constitute a quorum.

(d)

The economic development commission may adopt bylaws for the performance of the duties prescribed in this division, and it shall abide by all sections of G.L. 1956, § 42-46-1 et seq. regarding open meetings.

(Ch. 76, § 3, 7-1-85; Ch. 146, 12-15-97; Ch. 289, 7-3-23; Ord. No. 25-02, 2-18-25)

Sec. 2-89. - Powers and duties.#

(a)

The economic development commission shall have the following powers and duties:

(1)

To collect, compile and disseminate information relative to the economic resources of the town, including industry, business, commerce, agriculture and recreational facilities.

(2)

To publicize the material and economic advantages of the town, and to promote and encourage the location and development of new industry, business, commerce, agriculture and recreational facilities in the town.

(3)

To assist industry and business enterprises desiring to locate in the town to obtain financial assistance.

(4)

To recommend to the town council plans and schemes of development, including recommendations for the prohibition of industry, business, or commerce which in its judgment may be found to be a threat to the environment, to the conservation of groundwater resources and to other natural resources.

(5)

To enter into cooperative agreements with private, state, regional or federal agencies for technical or other assistance.

(6)

To, at its discretion, hold public hearings on any plans and schemes recommended to the town council.

(b)

In the preparation of such plans and schemes, the commission shall have access to all available plans, records, surveys and other data filed with other departments of the town. Furthermore, the commission shall provide estimates of the costs of its recommendations.

(Ch. 76, § 4, 7-1-85)

Sec. 2-90. - Compensation.#

Members of the economic development commission shall serve as such without compensation. Commission members may be reimbursed within limits of funds appropriated for expenses in the performance of their duties.

(Ch. 76, § 5, 7-1-85)

Sec. 2-91. - Reports.#

The economic development commission shall report annually to the town council, summarizing its work of the preceding year and recommending programs, plans and actions for future development. All studies, plans and reports of the commission shall be submitted to the town council and to any other designated agency or official and shall, with the approval of the town council, be published and made available to the public.

(Ch. 76, § 6, 7-1-85)

Sec. 2-92. - Finances, staff and private subscriptions.#

(a)

The town shall, at its discretion, appropriate funds for the purpose of contributing to the operation of the economic development commission to be expended for the purpose of advertising the resources, advantages, and attractions of the community and for the further purpose of promoting the growth and welfare of the town. Within the limit of any funds appropriated to it, the commission may with the approval of the town council engage technical or clerical assistance to aid the commission in the discharge of its duties and also to reimburse commission members for expenses incurred in the performance of their duties. All such sums shall be expended under the direction of the commission.

(b)

The economic development commission may, with the approval of the town council, contract for and accept funds from the United States or any agency or instrumentality thereof or private subscriptions for the purpose of advertising the resources, advantages, and attractions of the town and may with approval of the town council expend such sums as provided for in this division. There shall be established within the town treasurer's office a restricted receipt account for such funds.

(Ch. 76, § 7, 7-1-85)

Secs. 2-93—2-110. - Reserved.#

DIVISION 5. - PLANNING BOARD#

Footnotes:

--- (5) --- Cross reference— Buildings and building regulations, Ch. 5; historic preservation, Ch. 7; mobile homes and mobile home parks and camping areas, Ch. 9; parks and recreation, Ch. 11; streets, sidewalks and other public places, Ch. 17; zoning, App. A.

State Law reference— Local planning board or commission, G.L. 1956, § 45-22-1 et seq.

Sec. 2-111. - Established.#

In accordance with title 45, chapter 22 of the General Laws of Rhode Island as amended, there is hereby established a planning board for the town.

(Ch. 34, § 1, 6-4-73)

Sec. 2-112. - Membership, vacancies.#

(a)

The planning board shall consist of five (5) members resident in the town. Appointments shall be made by the town council for terms of five (5) years, with no more than one (1) term to expire each year.

(b)

A vacancy in the membership of the planning board shall be filled by the town council for the remainder of the unexpired term. Any planning board member may be removed by the town council for good and sufficient cause following a public hearing.

(Ch. 34, § 2, 6-4-73)

Sec. 2-113. - Compensation.#

Members of the planning board shall serve as such without compensation. The board members may be reimbursed within the limitations of funds appropriated for expenses incurred in the performance of their duties.

(Ch. 34, § 3, 6-4-73)

Sec. 2-114. - Organization.#

The planning board shall organize annually by electing a chairman, vice-chairman and a secretary. The planning board may adopt bylaws for the performance of the duties prescribed in this division.

(Ch. 34, § 4, 6-4-73)

Sec. 2-115. - 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.

(Ch. 34, § 5, 6-4-73)

Sec. 2-116. - Duties.#

(a)

The planning board shall prepare and adopt a comprehensive plan for the development of the town. Such plan shall, among other things, show the general arrangement of and goals, objectives and standards for land use, transportation routes and facilities, public facilities and services, renewal or rehabilitation programs, housing programs, including cooperative housing programs not limited to but also involving limited equity cooperative housing designed for low and moderate income residents; conservation areas, historic preservation areas and environmental protection programs together with recommended programs of action and improvement deemed necessary to implement the features of such plan. The planning board may hold public hearings on the comprehensive plan or elements thereof as a guide to planning board action related to the features contained in the plan. The town council may, following a public hearing, adopt a comprehensive plan or any portion thereof previously adopted by the planning board and recommended to the town council by the planning board. Adoption of such a comprehensive plan or portion thereof by the town council shall bind the council to this plan or portion thereof in any future action related to features in the plan. The adopted comprehensive plan or any element thereof may be modified or amended by the town council following a public hearing. At least thirty (30) days prior to the date of public hearing, such modification or amendment shall be referred to the planning board for an advisory opinion. Failure of the planning board to forward a recommendation to the town council within this thirty-day period shall be deemed an approval of the modification or amendment by the planning board. The affirmative vote of at least two-thirds of the town council shall be necessary to enact any modification or amendment to the comprehensive plan or element thereof where the planning board has rendered an adverse decision. At intervals of no greater than five (5) years, the planning board shall review the comprehensive plan or elements thereof and make modifications, amendments or additions deemed necessary in the light of current and projected community development trends and needs. Any such modifications shall be recommended to the town council and adopted in the manner prescribed above.

(b)

The planning 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, morals and general welfare of the people. Such studies, plans and reports may concern, among other things, the following:

(1)

Land use and land use regulations.

(2)

Transportation facilities.

(3)

Public utilities.

(4)

Public facilities and site locations including recreation areas, schools, fire, police and other principal structures and developments.

(5)

Blighted areas including plans for redevelopment, renewal, rehabilitation or conservation.

(6)

Problems of housing and the development of housing programs.

(7)

Natural resource conservation.

(8)

Environmental protection.

(9)

Protection from disaster.

(10)

Economic and sociological characteristics.

(11)

Preservation of historic sites and buildings.

(12)

Economic development.

(c)

When directed by the town council, the planning board shall prepare an annual capital budget and a comprehensive six-year capital improvements program.

(d)

The planning board shall submit an advisory opinion and recommendation on all zoning matters referred to it and any other matter referred to it by the town council.

(e)

The planning board shall have the 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 town, regional, state and federal agencies on matters of community, regional and state planning.

(f)

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.

(Ch. 34, § 6, 6-4-73)

State Law reference— Similar provisions, G.L. 1956, § 45-22-6.

Sec. 2-117. - 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 studies, plans, and 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 circulation.

(Ch. 34, § 7, 6-4-73)

State Law reference— Similar provisions, G.L. 1956, § 45-22-8.

Secs. 2-118—2-125. - Reserved.#

DIVISION 6. - RESERVED#

Footnotes:

--- (6) --- Editor's note— Ch. 222, § 1, adopted April 16, 2012, repealed §§ 2-126—2-129, which pertained to highway commission and derived from Ch. 101, § 1, 5-21-90.

Secs. 2-126—2-129. - Reserved.#

DIVISION 7. - JUVENILE HEARING BOARD#

Sec. 2-130. - Authority.#

Said juvenile hearing board (board) is established pursuant to an act relating to the Town of Hopkinton Juvenile Hearing Board, enacted by the Rhode Island General Assembly pursuant to Section 45-2 of the General Laws of Rhode Island (as amended).

(Ch. 144, § 1, 10-20-97)

Sec. 2-131. - Purpose.#

The board is established to promote the public health, safety, morals, and general welfare in and for the Town of Hopkinton.

(Ch. 144, § 2, 10-20-97)

Sec. 2-132. - Jurisdiction.#

The board shall hear all cases referred to it from the chief of police, or his designee, with respect to persons resident of the Town of Hopkinton, under the age of eighteen (18), who are charged with violating the criminal laws of the State of Rhode Island, limited to wayward, misdemeanor and status offenses, and violations of town ordinances as to an offense occurring after October 1st, 1997. Referral to the board shall not be offered to any juvenile: (1)

Who has been charged with the crime of assault or battery;

(2)

Who shall have been twice previously referred to the board or who shall have been once previously referred to the board and thereafter failed to abide by the sanctions imposed or to make restitution recommended by the board; or

(3)

Who at the time of commission of the offense was within the custody and control of the family court, not to include guardianship matters.

The board may refuse to hear a case if the juvenile: (1)

Refuses to provide requested information;

(2)

Fails to appear when requested; or

(3)

Refuses to cooperate with the proceedings of the board.

In such a case, the board shall immediately notify, in writing, the chief of police, or his designee, of its refusal and the chief of police, or his designee, shall thereafter refer the case to the family court.

(Ch. 144, § 3, 10-20-97)

Sec. 2-133. - Administration.#

The membership of the Hopkinton Juvenile Hearing Board shall consist of not less than five (5) nor more than eight (8) persons, residents of the Town of Hopkinton, eighteen (18) years or older.

The town council shall appoint two (2) members, whose terms shall expire on September 30th, 1998, and thereafter until their successors are appointed and qualified, two (2) members, whose terms shall expire September 30th, 1999, and thereafter until their successors are appointed and qualified, and one (1) member, whose term shall expire on September 30th, 2000, and thereafter until a successor is appointed and qualified. During the month of August, 1998, and annually thereafter, the town council shall appoint a member or members to succeed the member or members whose terms will next expire to serve for a term of three (3) years, commencing on the first day of October, and thereafter until their successors are appointed and qualified, no member to serve more than two (2) consecutive terms. In the event of a vacancy occurring during the term of a member, the town council shall have the power to fill said vacancy for the remainder of that term. No member of the board shall be entitled to compensation for his/her services on board.

(Ch. 144, § 4, 10-20-97; Ch. 166, 5-6-02)

Sec. 2-134. - Power and duties.#

The board is authorized to hear all cases referred by the chief of police, or his designee, and is authorized to impose and order (including but not limited to) the following sanctions other than incarceration: (1)

Fines up to one hundred dollars ($100.00) for each offense charged;

(2)

Community service;

(3)

Restitution (in addition to any fines) for injuries and/or damages stemming from such offense;

(4)

Reasonable curfew; and

(5)

Denial or revocation of the juvenile's driving privilege for a period not to exceed two (2) years.

Prior to participating in any hearing, the juvenile together with his/her legal guardian and/or legal counsel shall agree, in writing, to waive his/her right to a hearing by the family court, to admit, in writing, having committed said charged offense, and to agree, in writing, to be bound by the sanctions imposed by the board. The board must advise the juvenile, in writing, of his/her right to counsel and the right to have same present at any hearing. In making its determination, the board shall not be bound by the customary rules of evidence, and may consider any evidence it deems relevant.

Prior to the hearing, the board shall give notice of the date and time of the hearing to the chief of police, or his designee, and to the alleged offender and his/her legal guardians, not less than seven (7) days prior to the date of the hearing.

Prior to imposing any sanctions, the board shall request the juvenile and his/her legal guardians to agree to said sanctions, the amount of restitution (if any), and the manner of making same. In ordering restitution, the board shall consider the juvenile's ability to pay and the amount of damage actually caused as a result of the offense charged.

A majority of the board's membership shall constitute a quorum, and a majority of the member's present shall be required to impose any sanctions.

The board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules previously adopted, upon advice and consent of the town council.

(Ch. 144, § 5, 10-20-97)

Sec. 2-135. - Closing proceedings.#

Board proceedings shall be closed to the public, and the provisions of Chapters 42—46 of the Rhode Island General Laws shall not apply to any such proceedings. All records or proceedings, including records concerning the arrest, apprehension, or detention of any juvenile offender, shall be withheld from public inspection, except such records shall be available to the legal guardians or attorney of the juvenile for inspection.

(Ch. 144, § 6, 10-20-97)