ARTICLE III. - ADMINISTRATION AND ENFORCEMENT
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 23-16. - Administrative officer.#
a.
Appointment and removal. Local administration of these regulations shall be under the direction of the administrative officer, who shall report to the planning board. The administrative officer shall be appointed in accordance with the town Charter, with a recommendation by the planning board. The initial appointment of an administrative officer may be for a one-year probationary period, or less, with subsequent appointments for up to two years.
b.
Qualifications. The administrative officer may be a member of the planning board, including the chair of the planning board, but may not be any member of the zoning board of review. The administrative officer must be thoroughly familiar with land use planning and with local, state and federal land use regulations, including zoning regulations, the subdivision review process and R.I. Department of Environmental Management requirements and procedures. Experience may include, but is not limited to, current and satisfactory service as a member of a municipal planning board; employment as a municipal planner or as a building official or inspector; employment with a consulting firm dealing with land use planning; or one who is a registered professional architect, engineer, surveyor or soil scientist.
c.
Duties. The administrative officer shall be responsible for the following:
(1)
Overseeing and coordinating the review, approval, recording and enforcement provisions of these regulations, and serving as the chair of the technical review committee, where established.
(2)
Coordinating reviews of proposed land development projects and subdivisions with adjacent municipalities as is necessary to be consistent with applicable federal, state and local laws, and as directed by the planning board.
(3)
Enforcement of these regulations, including coordinating the enforcement efforts of the zoning officer, planning board staff, the town engineer should one be appointed, the department of public works and other local officials responsible for the enforcement or carrying out of discrete elements of these regulations.
(4)
Representation of the planning board before other bodies and agencies of the town and state, with the consent of the board, and any other functions or duties as agreed to and requested by the board.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-17. - Technical review committee.#
a.
There is hereby established a technical review committee ("TRC") the members of which are appointed by the planning board in accord with the policies and procedures the board adopts. The TRC is responsible for conducting advisory technical reviews in accord with subsections d. and e., herein.
b.
Membership.
1.
The TRC may include:
i.
Administrative officer;
ii.
Zoning official or his/her designee;
iii.
Fire marshal or his/her designee;
iv.
Department of public works or his/her designee;
v.
Police chief or his/her designee;
vi.
A member of the conservation commission;
vii.
The planning board consulting engineer;
viii.
At least one and no more than three members of the planning board.
2.
The administrative officer shall serve as chair of the TRC.
3.
The administrative officer may invite others to sit as full members for specific projects where there is a specialized knowledge, skill, or expertise required for review.
c.
Upon the establishment of a technical review committee, the planning board shall adopt written procedures establishing the committee's policies, procedures and responsibilities.
d.
Reports of the technical review committee to the planning board shall be in writing, and shall be kept as part of the permanent documentation on any development or subdivision application. In no case shall the recommendations of the technical review committee be binding on the planning board in its activities or decisions. The recommendation of the TRC shall be made available to the applicant prior to a decision by the permitting authority.
e.
Review of applications in an advisory capacity.
1.
The TRC shall review the following types of applications in an advisory capacity and shall provide an affirmative or negative recommendation in the form of a vote to the administrative officer:
i.
Minor land development projects and subdivisions at all stages;
ii.
Major land development projects and subdivisions, provided that the TRC reviews the application prior to the planning board's first meeting on the application;
iii.
Administrative subdivisions at the request of the administrative officer;
iv.
Comprehensive permit applications;
v.
Minor modifications or changes to land development and subdivision applications, at any stage of the application process and after a final plan has been recorded, at the request of the administrative officer;
vi.
Major modifications or changes to land development and subdivision applications, at any stage of the application process and after a final plan has been recorded, at the request of the administrative officer or planning board;
vii.
Administrative development plan review applications;
viii.
Formal development plan review applications;
ix.
Other matters referred to the TRC by the town council, planning board, zoning board, administrative officer or zoning officer.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-18. - Fees.#
Application fees for development and subdivision projects shall be set by the Tiverton Town Council, and shall be payable to the Town of Tiverton upon submission of said applications to offset the costs of review and hearing of applications, issuance of permits and recording of decisions. The current fees are contained in the documents titled "Planning Board Fees" and "Planning Board Consultants Review Fees." The planning board shall review the fees on an annual basis, and make recommendations to the town council regarding any appropriate changes. These documents are available on the Town of Tiverton website, the online application portal, and through the Planning Department.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-19. - Violations and penalties.#
a.
Any violation of these regulations, or of any terms or conditions of any action imposed by the planning board or of any other agency or officer charged in these regulations with enforcement of any of the provisions, shall be subject to a penalty.
b.
Violation of these regulations shall include any action related to the transfer, sale, or leasing of land in unapproved subdivisions or land developments. Such action shall include signage and media advertising. Any owner, or agent of the owner, who transfers, sells, leases, or advertises or negotiates to sell or lease any land by reference to or exhibition of, or by other use of, a plat of the subdivision or land development before the plat has been approved by the planning board and recorded in the town land evidence records, shall be in violation of these regulations and subject to the penalties described herein.
c.
Any sale of land subdivided or developed in violation of the provisions of these regulations shall be voidable at the option of the purchaser thereof, and shall subject the seller thereof to forfeiture of any and all consideration received or pledged therefor together with any damages sustained by such purchaser, who may maintain an action on the case to recover any amounts due him under the provisions of this section.
d.
The penalty for violation shall reasonably relate to the seriousness of the offense, and shall not exceed $500.00 for each violation, and each day of existence of any violation shall be deemed to be a separate offense. Any such fine shall inure to the Town of Tiverton.
e.
The town may also cause suit to be brought in the supreme or superior court, or any municipal court, including a municipal housing court having jurisdiction in the name of the town, to restrain the violation of, or to compel compliance with, the provisions of these regulations. The town may consolidate an action for injunctive relief and/or fines under these regulations in the superior court.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-20. - Publication and availability of regulations.#
a.
Printed copies of these regulations, and any amendments thereto, shall be available to the general public at a reasonable charge. Any appendices shall also be available.
b.
Upon publication of these regulations and any amendments thereto, the town shall send a copy to the Rhode Island Department of Administration, Division of Planning, and to the state law library.
(Reg. No. 2026-1, 1-6-26)