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Sec. 1001. - Planning Board.#
(a)
Duties and Responsibilities. The Planning Board shall have the duties and responsibilities provided for in State law and such additional duties and responsibilities as may be prescribed by the Town Council not in conflict with the State law. The Planning Board shall act in an advisory capacity to the Town Council in all matters concerning the Comprehensive Community Plan, land use, Zoning and Subdivision Regulations, physical growth and development of the Town.
(b)
Composition and Vacancies. The Planning Board shall consist of nine (9) members appointed by the Town Council from among electors of the Town for a term of three (3) years. Said terms will be staggered so that no more than one-third (1/3) will expire in any given year. No member of the Planning Board shall be an elected official or employee of the Town. Any member of the Planning Board may be removed from office by the Council for due cause, following a public hearing. The Town Council shall appoint replacements to fill vacancies on the Board. The Board shall annually elect a Chairperson and such other officers as it may deem appropriate from among its membership.
Sec. 1002. - Zoning Board of Review.#
The Zoning Board of Review shall have such powers and duties as are prescribed by the Laws of the State, Town Ordinance and this Charter. The Zoning Board of Review shall also serve as the Planning Board of Review and shall have such powers and duties as are prescribed by the Laws of the State, Town Ordinance and this Charter. (a)
Composition and Vacancies. The Zoning Board of Review shall consist of five (5) members plus two (2) alternates appointed by the Town Council from among the electors of the Town, for a term of five (5) years. Said terms shall be staggered so that no more than one (1) will expire in any given year. Alternates, appointed for a term of one (1), may sit on the Board, but shall only vote if they are filling in for a regular member who is absent and they have attended all hearings on the petition. No member shall be an elected official or employee of the Town. Vacancies of regular members shall be filled by the first alternate and a replacement alternate member appointed by the Council. The Board shall annually elect a Chairperson and such other officers as they deem appropriate.
Sec. 1003. - Conservation Commission.#
The Conservation Commission shall consist of seven (7) members appointed by the Town Council for three (3) year terms, staggered so that no more than three (3) terms expire in any one year. Vacancies shall be filled by the Town Council for the remainder of the unexpired term. The Conservation Commission shall annually elect a Chairperson and such other officers as they deem appropriate. (a)
Duties and Responsibilities. The Conservation Commission shall report to the Town Administrator and shall take an active role in all Town issues related to conservation. The Commission shall act as an advisory body to the Council and to all Town agencies on conservation matters. These include: Protection of surface water and groundwater including the watersheds of Stafford and Nonquit Ponds; compliance with the RI. Freshwater Wetlands Act; monitoring of stormwater runoff and other nonpoint source pollution; compliance with soil erosion and sedimentation control regulations; monitoring of RI and Town wastewater management regulations; monitoring of underground storage tanks; monitoring the environmental impact of the Town landfill and solid waste management; compliance with regulations that protect coastal areas including salt marshes, bogs and ponds; protection of other environmentally sensitive or unique areas, protection of agricultural resources, protection of air quality, protection of the rural integrity and scenic character of the Town including tree and woodland preservation.
Sec. 1004. - Open Space and Land Preservation Commission.#
The Open Space and Land Preservation Commission shall consist of nine (9) members appointed by the Town Council for three (3) year terms, staggered so that no more than three (3) terms expire in any one year. Vacancies shall be filled by the Town Council for the remainder of the unexpired term. The Commission shall annually elect a Chairperson and such other officers as they deem appropriate. (a)
Duties and Responsibilities. The Open Space and Land Preservation Commission shall report to the Town Administrator. Responsibilities include the management of existing public open space/conservation lands, the identification and protection of significant natural and scenic resources in the Town such as unique plant and animal habitats, ecological or archeological sites, the identification and development of potential nature sanctuaries, greenways and sites for nature studies, the orderly development and accessibility of open space areas to all neighborhoods, a town-wide inventory of open land and town owned land, the encouragement of farm preservation as well as liaison with public and private agencies to foster town-wide land use planning and open space preservation. The Commission shall advise and assist the Town Council in the acquisition of development rights and land for open space.
Sec. 1005. - Recreation Commission.#
The Recreation Commission shall consist of seven (7) members appointed by the Town Council for three (3) year terms, staggered so that no more than three (3) terms will expire in any one year. No member shall be an elected official or employee of the Town. Vacancies shall be filled by the Town Council for the remainder of the unexpired term. The Commission shall annually elect a Chairperson and such other officers as they deem appropriate. (a)
Duties and Responsibilities. The Recreation Commission shall report to the Town Administrator and shall be responsible for the establishment, maintenance and operation of public beaches, parks, playgrounds, recreational buildings, and such other duties as the Town Council may direct. The Public Works Department shall assist in the maintenance of recreational facilities. The Commission may be assisted by a Recreation Coordinator, if one has been retained by the Town.
Sec. 1006. - Cemetery Commission.#
The Cemetery Commission shall consist of five (5) members appointed by the Town Council for three (3) year terms, staggered so that no more than two (2) terms expire in any one year. The Pocasset Cemetery Superintendent (contractor), if any, shall be an advisory member of the Commission. Vacancies shall be filled by the Town Council for the remainder of the unexpired term. The Cemetery Commission shall annually elect a Chairperson, Vice Chairperson, Secretary and Treasurer. The Treasurer shall present all bills and invoices to the Commission for approval and shall inform the Commission of any changes in the status of funds and accrued interest. The fee schedule for grave plots shall be set by the Town Council upon recommendation of the Commission and revised periodically. The Town Treasurer shall maintain control and custody of Commission funds which shall be expended by or under the direction of the Commission with the approval of the Town Council.
(a)
Duties and Responsibilities. The Cemetery Commission shall report to the Town Administrator. Responsibilities include management of the Pocasset Hill Cemetery and any other cemetery which is or shall be under the management and/or control of the Town. The Town Council shall upon the recommendation of the Town Administrator in consultation with the Cemetery Commission, retain a contractor (Superintendent) to perform the duties associated with the maintenance of the cemeteries and the digging of graves. The Cemetery Commission shall develop Rules and Regulations governing the use of the cemetery properties for adoption by the Town Council. These Rules and Regulations shall be updated periodically as required.
Sec. 1007. - Personnel Board.#
The Personnel Board shall consist of five (5) electors appointed by the Town Council for four (4) year terms. Terms shall be staggered so that no more than two (2) terms expire in any year. Vacancies shall be filled by the Town Council for the remainder of the unexpired term. The Commission shall annually elect a Chairperson, Vice Chairperson, and such other officers as they deem appropriate. (a)
Duties and Responsibilities. The Personnel Board shall accept and review applications for all full and part-time job vacancies for town employment and recommend applicants to the Town Administrator. The Personnel Board may develop a method for advertising vacant municipal positions.
The Personnel Board shall:
1.)
Review all applications for full and part-time employment.
2.)
Determine those applicants to be interviewed.
3.)
For those applicants to be interviewed, be responsible for verifying the accuracy of information on applications and checking references, including former or current employers.
(b)
General Provisions.
1.)
The hiring of all full and part-time personnel shall be done through the Personnel Board. The applicable Department Head shall be invited to attend interviews, assist the Board in questioning applicants, and make recommendations. Employment shall be based on merit and competitive exams (when applicable) and shall be free of personal or political considerations.
2.)
All applications for temporary, seasonal and acting employees shall be accepted and reviewed by the Town Administrator. Temporary, seasonal, or employees serving in an acting capacity shall be appointed by the Town Administrator as long as the appointment shall not exceed one hundred eighty (180) calendar days. No such appointment may exceed one hundred eighty (180) calendar days but may be extended for an additional ninety (90) day calendar period with the approval of the Town Council.
3.)
The Town is an equal opportunity employer and shall not discriminate on the basis of sex, sexual orientation or identity, disability, race, creed or national/ancestorial origin.
(Charter Amend. of 11-8-16(1); Res. No. 2022-0013, (General Election of 11-8-22))
Sec. 1008. - Tiverton Harbor and Coastal Waters Management Commission.#
The Tiverton Harbor and Coastal Waters Management Commission (THCWMC) shall consist of nine (9) members appointed by the Town Council for two (2) year terms, staggered so that no more than five (5) terms expire in any one year. The THCWMS shall include one member of the Planning Board. Preference shall be given to representation by the following special interests: Recreational boaters, recreational fishermen, commercial fishermen, riparian property owners, and conservationists. In the event of a vacancy the Town Council shall appoint a replacement from the same interest group for the duration of the unexpired term. (a)
Duties and Responsibilities. The THCWMC shall; Manage the waters of the Town of Tiverton by establishing regulations that balance the diverse uses of the waters and waterfront and minimize user conflict, maintain and improve public access to the waters of the Town while remaining consistent with the goals and regulations of the RI Coastal Resources Management Program, the RI Department of Environmental Management and the US Army Corps of Engineers.
(b)
Board of Appeals. The THCWMC shall sit as the Board of Appeals to hear the appeal of any person aggrieved by any decision, act or failure to act of the Harbormaster or any member of the staff of the Harbormaster Department, except those violations requiring immediate adjudication at the state level, such as, but not limited to speeding. Application to have the Commission hold a hearing regarding an appeal must be made within thirty (30) days of the matter which precipitated the appeal. An appeal to the Town Council regarding a decision by the Commission must be made within twenty (20) days of the Commission decision.
(c)
Harbormaster. The Harbormaster shall be appointed annually by the Town Council. When a new Harbormaster is to be appointed the selection process shall comply with the provisions of this Charter concerning the hiring of municipal employees. The Harbormaster shall enforce the Tiverton Harbor and Coastal Waters Management Plan Articles, regulations and decisions of the THCWMC and any laws/ordinances passed by the Town, State or Federal Government consistent with the authority contained under said ordinances and laws.
Sec. 1009. - Arts Committee.#
The Arts Committee shall consist of five members all of whom are Tiverton residents with expertise in the field of arts. All members shall be appointed by the Administrator and approved by the Town Council. All members shall serve a two-year appointment with the exception of the first appointees who shall serve staggered terms. Three of the original appointees shall serve two-year terms and two shall serve one-year terms. (a)
Duties and Responsibilities. The purpose of the Committee shall be to promote and encourage programs for the development of public awareness, enjoyment, and interest in various art forms and performances. The Committee shall advise the Town Council as to changes in town ordinances as they affect the arts and the availability of grants in the arts field, both in order to maintain and enhance the special quality of life found in the Town of Tiverton.
Sec. 1010. - Reserved.#
Editor's note— Ord. adopted Nov. 8, 2016, repealed § 1010, which pertained to wastewater management commission.
Sec. 1011. - General Qualifications.#
Members of Boards, Committees or Commissions must be electors of the Town of Tiverton. No members of Boards or Commissions as listed in this Charter shall be elected officials or employees of the Town of Tiverton, RI except as provided in Section 1213.
Sec. 1012. - Historical Cemeteries Commission.#
The Historical Cemeteries Commission shall consist of five (5) members, all of whom have expertise and/or interest in historical cemeteries. All members shall be appointed by the Town Council. Members shall serve for three (3) year terms and the appointments shall be staggered so that no more than two (2) terms expire in any single year. Vacancies shall be filled by the Town Council for the remainder of the unexpired term. The Commission shall annually elect a Chairperson and such other officers as they deem appropriate. (a)
Duties and Responsibilities. The Historical Cemeteries Commission shall report to the Town Administrator. Responsibilities shall include the maintenance (when necessary) of headstones, grounds, and walls of historical cemeteries located within Tiverton. A historical cemetery is defined as a cemetery identified by the Rhode Island Graves Registration Committee survey performed in July 1956. Cemeteries that are managed by the Cemetery Commission are excluded. The Commission shall also maintain (when necessary) cemeteries of similar historical interest that were not documented in the survey.
Sec. 1013. - Tree Commission.#
The Tree Commission shall consist of three (3) members. All members shall be appointed by the Town Council. Members shall serve for four (4) year terms and the appointments shall be staggered so that no more than one (1) term expires in any single year. Vacancies shall be filled by the Town Council for the remainder of the unexpired term. In addition, the Director of Public Works and a designated member of the Conservation Commission shall be members ex officio, and the Tree Warden shall be a non-voting member ex officio. The Tree Commission shall annually elect a Chairperson and other officers, as it deems appropriate. (a)
Duties and Responsibilities. The Tree Commission shall report to the Town Administrator. The Tree Commission shall:
1.)
Act in an advisory role to the Town Council and the Tree Warden.
2.)
Do all acts necessary and proper to fulfill the town's forestry functions, including the planting, care and removal of trees on public spaces with the exception of those under the control of the Tiverton Open Space and Land Preservation Commission.
3.)
Based on the recommendation of the Tree Warden, issue implementing guidelines, subject to Town Council approval.
4.)
Make recommendations to the Town Council on such matters as tree programs and activities.
5.)
Review appeals made by applicants whose applications have been denied by the Tree Warden, or by persons otherwise aggrieved or affected by an application process.
Sec. 1014. - Economic Development Commission.#
The Economic Development Commission shall consist of five (5) members. All members shall be appointed by the Town Council. Members shall serve for four (4) year terms and the appointments shall be staggered so that no more than two (2) terms expire in any single year. Vacancies shall be filled by the Town Council for the remainder of the unexpired term. The Economic Development Commission shall annually elect a Chairperson and other officers, as it deems appropriate.
(a)
Duties and Responsibilities. The Economic Development Commission shall report to the Town Administrator. The Economic Development Commission shall:
1.)
Act as a liaison with the RI Economic Development Corporation in order to affect state plans on the local level.
2.)
Assist town businesses, particularly those that are marine or agriculture, related to tax relief and low cost loans or grants for business startup, expansions or expenses related to renovations.
3.)
Assist businesses to access the benefits associated with the Enterprise Zone.
4.)
Assist in the search for and attraction of businesses, which would be consistent with the town's Comprehensive Plan.