The text
Footnotes:
--- (1) --- Cross reference— Administration, Ch. 2; buildings and building regulations, Ch. 4; cemeteries, Ch. 5; civil defense, Ch. 6; parks and recreation, Ch. 14; soil erosion and sedimentation control, Ch. 17; streets and sidewalks, Ch. 18; subdivisions, Ch. 19; utilities, Ch. 21.
State Law reference— Planning and development, G.L. 1956, § 45-22-1 et seq.
ARTICLE I. - IN GENERAL#
Secs. 15-1—15-25. - Reserved.#
ARTICLE II. - BOARD#
Footnotes:
--- (2) --- Cross reference— Boards, commissions and committees, § 2-121 et seq.
State Law reference— Local planning boards, G.L. 1956, § 45-22-1 et seq.
Sec. 15-26. - Created; composition; appointments; terms of members; vacancies.#
There is hereby created a town planning board consisting of seven (7) members and two (2) alternate members. The members of the planning board shall be appointed by the town council. As the staggered terms of the original members expire their successors shall be appointed by the town council for three-year terms. In case of vacancy occurring in the planning board the town council shall make an appointment to fill the unexpired term of vacancy.
(Code 1967, § 2-12; Ord. of 11-12-2024)
State Law reference— Composition, terms of members, filling vacancies of local planning boards, G.L. 1956, § 45-22-3.
Sec. 15-27. - Compensation of members.#
All members of the planning board shall serve without compensation, but such board shall be allowed such reasonable expenses as are authorized by the town council and incurred in the immediate discharge of its duties to be paid out of any funds appropriated for such board by the town council's adopted annual town budget.
(Code 1967, § 2-13; Ord. of 11-12-2024)
State Law reference— Compensation of planning board members, G.L. 1956, § 45-22-4.
Sec. 15-28. - Election of chair and vice-chair.#
The planning board shall elect its chair and vice-chair from its own members.
(Ord. of 11-12-2024)
Editor's note— An ordinance adopted Nov. 12, 2024, amended § 15-28 in its entirety, in effect repealing and reenacting said § 15-28 to read as set out herein. The former § 15-28 pertained to Election of chairman and secretary and derived from Code 1967, § 2-14.
State Law reference— Similar provisions, G.L. 1956, § 45-22-5.
Sec. 15-29. - Where meetings are held.#
The planning board may hold meetings in the town building, accommodation for which shall be provided for by the town clerk's office.
(Code 1967, § 2-15; Ord. of 11-12-2024)
Sec. 15-30. - Quorum.#
A majority of the membership of the planning board shall constitute a quorum and no action shall be taken unless by the concurring vote of a majority of the membership of such board, except for development applications whereby the concurring vote of a simple majority of those members present and voting at a meeting where a quorum is established (Ref: G.L. 1956, § 45-23-63(d)).
(Code 1967, § 2-16; Ord. of 11-12-2024)
Sec. 15-31. - Records.#
The planning board shall keep permanent and complete records of its proceedings, meetings, hearings and recommendations. Town staff may be assigned to administratively provide assistance to help the planning board carry out its statutory responsibilities required of the Open Meeting Law, and as part of its quasi-judicial review of development applications.
(Code 1967, § 2-17; Ord. of 11-12-2024)
Sec. 15-31.1. - Professional review fees.#
(a)
Pursuant to the provisions of G.L. 1956, §§ 45-23-58 and 45-24-59, applicants or appellants before the planning board or board of zoning review shall be responsible for the payment of the fees of engineers, architects or other professionals deemed necessary and employed by the reviewing board to provide said board with information to conduct the adequate review and hearing of applications, issuance of permits and recording of decisions.
(b)
Payment for professional services.
(1)
The chief financial officer of the town shall make all of the payments to professionals for services rendered to the town or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of law and this chapter. At the time of filing of an application for development, appeal or other matter pursuant to this chapter, the applicant shall deposit with the zoning official funds, in accordance with the schedule in subsection (b)(2) below, to be used to reimburse the town for said professional services. Deposits shall be placed by the town in an escrow account. In the case of proposals requiring a combination of approvals, such as subdivision, site plan and/or variance(s), the applicant shall deposit an amount equal to the sum of the deposits required for each application.
(2)
Amount of deposits. The initial deposit for payment of professional services shall be four (4) times the application fee or fees as set forth in the schedule of fees, provided, however, that if the zoning official/administrative officer determines that a greater or lesser deposit is necessary to reimburse the anticipated cost of professional services on a particular application, such as circulation-intensive sites requiring the services of a traffic engineering consultant, the applicant shall be required to deposit said greater or lesser amount.
(c)
Administration of technical review deposit fees. Deposits received for professional services employed by the town to review applications for development, for town inspection fees in accordance with this chapter or to satisfy the guaranty requirements of this chapter shall be administered in accordance with the following provisions:
(1)
Deposits to be held in escrow. Whenever an amount of money in excess of five thousand dollars ($5,000.00) shall be deposited by an applicant with the town, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this chapter, shall continue to be the property of the applicant and shall be held in trust by the town. Deposits received pursuant to this article shall be held in escrow and deposited in a financial institution chartered in Rhode Island and insured by an agency of the federal government. Such deposits shall be placed in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The town shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. Deposits of five thousand dollars ($5,000.00) or less shall be deposited in an account of the town established for such a purpose.
(2)
Depletion of deposits. If an escrow account or deposit contains insufficient funds to enable the town or approving authority to perform required application reviews or improvement inspections, the chief financial officer of the town shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by the town or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(3)
Failure to maintain adequate deposit. No application shall be deemed complete, and no formal action shall be taken by a board until the initial deposit required has been submitted. If the funds required for professional services are not deposited in a timely manner, the zoning official/administrative officer shall notify the board having jurisdiction over the application. No further action shall be taken on the application unless the deposits have been made by the applicant as required herein. In the event that the time for action by the board, or any extension thereof as required by this chapter, shall expire prior to the payment of the required deposits, the board may, at its discretion, dismiss the application without prejudice.
(4)
Eligible charges against deposit. All professional charges for review of an application for development review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. The following provisions shall apply:
a.
Application review and inspection charges shall be limited to professional charges for review of applications, review and preparation of documents and inspections of developments under construction.
b.
Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under town jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.
c.
Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
d.
The only costs that shall be added to any charges set forth above shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements.
e.
The town or approving authority shall not bill the applicant or charge any escrow account or deposit authorized herein for any town clerical or administrative functions, overhead expenses, meeting room charges or any other town costs and expenses, except as provided for in this section, nor shall a town professional add any such charges to his bill.
f.
With the exception of the town solicitor, if the town retains a different professional or consultant in the place of the professional originally responsible for development application review or inspection of improvements, the town or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the town or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services. Regarding the town solicitor specifically pertaining to development application review, et al, the town (in this case, the planning board) cannot change that town council appointment. The privilege of such an appointment resides solely with the town council. If there becomes any matter that would preclude the town solicitor from carrying out their regular duties (e.g., a conflict of interest) concerning matters of the planning board's duties it would be the responsibility of the town solicitor to identify such issue and recommend a resolution amenable to the town council.
(5)
Rates of payment for professional services. Professionals designated by the town to provide the services contemplated hereunder, shall charge at the same rate as all other work of the same nature by the professional for the town when fees are not reimbursed or otherwise imposed on applicants or developers. If the professional is not otherwise engaged by the town, charges shall be at the usual, customary and reasonable rates charged in the region and shall be in accordance with a schedule of professional fees filed annually with the zoning official/administrative officer and maintained in the office of the town clerk for public inspection. If the salary, staff support and overhead for a professional are provided by a regular employee of the town, the hourly rate charged to the deposit from said professional shall be at two hundred (200) percent of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by the town, of each of the professionals by the number of hours spent by the respective professional on review of the application for development or inspection of the developer's improvements, as the case may be.
(6)
Vouchers for payment of professional services. Each payment charged to a deposit for the review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional. The processing of vouchers shall be in accordance with the following:
a.
The voucher shall identify the personnel performing the service and for each date the services are performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred.
b.
All professionals shall submit vouchers to the chief financial officer of the town on a monthly basis in accordance with the schedules and procedures established by the chief financial officer of the town.
c.
If the services are provided by a town employee, the employee shall prepare and submit to the chief financial officer of the town a statement containing the same information as required on a voucher, on a monthly basis.
d.
The professional shall send an informational copy of all vouchers or statements submitted to the chief financial officer of the town simultaneously to the applicant.
e.
The chief financial officer of the town shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, if any, disbursements and the balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are one thousand dollars ($1,000.00) or less, or on a monthly basis, if monthly charges exceed one thousand dollars ($1,000.00).
(7)
Appeals of charges. An applicant shall notify, in writing, the town, with copies to the chief financial officer of the town, the approving authority and the professional, whenever the applicant disputes the charges made by a professional for service rendered to the town in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to law. The following shall apply:
a.
An applicant shall file an appeal within forty-five (45) days from receipt of the informational copy of the professional's voucher required by above, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within sixty (60) days from receipt of the town statement of activity against the deposit or escrow account.
b.
The town manager, or their designee, shall, within a reasonable time period, attempt to remediate any disputed charges.
c.
If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the town council.
d.
An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six (6) months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
e.
During the pendency of any appeal, the town or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance and maintenance guaranties, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. The chief financial officer of the town may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed.
f.
If a charge is disallowed after payment, the chief financial officer of the town shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the town, the professional or consultant shall reimburse the town in the amount of any such disallowed charge.
(8)
Refund of deposits; interest. Any of the funds remaining on deposit upon completion of the purpose for which the deposit was made shall be returned to the applicant and the account shall be terminated. For deposits over five thousand dollars ($5,000.00) placed in an interest-bearing account pursuant to this chapter, refunds of interest shall be made as follows:
a.
The town shall not be required to refund an amount of interest paid on a deposit which does not exceed one hundred dollars ($100.00) for the year.
b.
If the amount of interest exceeds one hundred dollars ($100.00) for the year, that entire amount shall belong to the applicant and shall be refunded to him by the town annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be, except that the town may retain for administrative expenses a sum equivalent to no more than one-third (⅓) of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
(9)
Procedure for closing of deposits and escrow accounts. The following closeout procedure shall apply to all deposits and escrow accounts established under this chapter:
a.
In the case of application review escrows and deposits, the closeout of deposits and escrow accounts shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan or after the authority has denied the application or after the applicant has formally withdrawn the application.
b.
In the case of improvement inspection of escrows and deposits, the closeout of deposits and escrow accounts shall commence after the improvements have been approved.
c.
The applicant shall send written notice by certified mail to the chief financial officer of the town and the approving authority and to the relevant town professional that the application is completed, denied or withdrawn or the improvements are completed, as the case may be.
d.
After receipt of such notice, the professional shall render a final bill to the chief financial officer of the town within thirty (30) days and shall send a copy simultaneously to the applicant.
e.
The chief financial officer of the town shall render a written final accounting to the applicant on the uses to which the deposit was put within forty-five (45) days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with subsection (c)(8) above, shall be refunded to the developer along with the final accounting.
(Ord. of 5-10-2011; Ord. of 11-12-2024)
Sec. 15-32. - Authority to employ personnel and incur expenses.#
The planning board is authorized and empowered to employ such engineering, town solicitor, clerical and other consulting assistants as may be required and to incur other reasonable necessary expenses within the limits of their statutory duties and responsibilities and those duties enabled in section 15-33 herein but all within the town council adopted town budget or as otherwise authorized by the town council.
(Code 1967, § 2-18; Ord. of 11-12-2024)
State Law reference— Similar provisions, G.L. 1956, § 45-22-5.
Sec. 15-33. - Duties generally.#
It shall be the duty of the town planning board to prepare and perfect from time to time, a town master plan for the physical development of the town and to prepare and keep current a proposed long-term development program of major town improvements. The planning board shall, among other things: (1)
Keep itself informed of the progress of state planning and of town and city planning in other municipalities.
(2)
Make careful study and recommendations to the town council, the finance committee or the financial town meeting for the improvement of the plan of the town with a view to the present and future systematic and harmonious development of the town, bearing in mind particularly public convenience, commercial and industrial interests, health, housing, present and future movement of traffic, recreation, and the best utilization of the town's natural resources and general welfare of citizens and property in the town.
(3)
Consider and report upon the designs and their relations to the town plan of all new public ways, roads, sidewalks, lands, buildings, bridges, parks, beaches and all other public places and structures, of additions to and alterations in those already existing, and of the layout or platting of new subdivisions in the town.
(4)
Advise with the various town departments and officers and with local authorities and individuals with a view to the coordination of all physical development plans in connection with the foregoing and for water supply, drainage, sewerage, fire control, land use, recreational areas, schools, extension of public services, highways, sidewalks, waterways, public work projects, transportation, building and housing conditions, historic sites and all other matters that are related to an orderly and comprehensive development of the town. In its discretion and to such extent as it shall deem useful, it shall advise and consult with any federal or state agency to assist in the coordination of such physical development plans.
(5)
Make studies of land utilization as now determined by the zoning laws with a view to preserving and promoting the future development of the town as a desirable place for residence; examine into and make plans and suggestions concerning areas suitable for business development; also make plans concerning drainage and sanitary systems; prevention of stream, harbor and bay pollution; motor vehicle routes; power transmission facilities; public buildings and waterfront developments, wherever, by reason of the function, size, extent, location or legal status, the same are of town wide importance as distinguished from purely local concern or where the location, construction or authorization of the same might fall, according to law, within the province of jurisdiction of town bodies or town officials or where for any other reason the same are appropriate subjects of or fall within the scope of a town benefit of interest to all the citizens as distinguished from a purely local program for the benefit of a limited number.
(6)
Collect, and in its discretion, publish information relating to the proper development of the town for the promotion of the general welfare and make such recommendations thereon to the town council, the finance committee or the financial town meeting as it may deem proper, advisable and financially feasible.
(7)
In its discretion hold public hearings on any plan or subject before approving same for submission to the town council.
(8)
Obtain reports, plans and other data from all town departments, the state planning board and other agencies which have made plans and surveys of this town and prepare a series of "existing condition maps" of the town. The plan or plans of the board when approved by the town council shall be known as the official town plan.
(Code 1967, § 2-19)
State Law reference— Duties of local planning boards, G.L. 1956, §§ 45-22-6, 45-22-7.
Sec. 15-34. - Information to be furnished by town officials.#
Public officials of the town shall, upon request of the planning board presented through the town council, furnish such board within a reasonable time with such available information as such board may require for use in the performance of its duties.
(Code 1967, § 2-20)
Sec. 15-35. - Annual report.#
The planning board shall, promptly during the month of January of each year, make to the town council its report, stating therein any facts or information relative to the town not incorporated in previous reports and submitting any plans or proposals for the development or improvement of the official town plan.
(Code 1967, § 2-21)
State Law reference— Reports of local planning boards, G.L. 1956, § 45-22-8.
Sec. 15-36. - Adoption of rules and regulations by planning board.#
Section 45-23-54 of the General Laws: These rules and regulations and any modifications or amendments thereto shall be published and copies thereof, when adopted, shall be filed with the town clerk and shall be available for public inspection.
(Ord. of 11-14-95)
Secs. 15-37—15-60. - Reserved.#
ARTICLE III. - PLANNING AND ZONING FEE SCHEDULE#
Footnotes:
--- (3) --- Editor's note— An ordinance adopted Apr. 12, 2005 and ordinance adopted May 10, 2005, did not specify manner of codification; hence, designation as Art. III, § 15-61 was at the editor's discretion.
Sec. 15-61. - Planning and zoning fee schedule.#
(a)
Planning.
Planning applications: $100.00 for concept review
$500.00 for residential development
$250.00 per proposed lot for residential development
$750.00 for commercial development
$300.00 per proposed lot for commercial development
Engineering surcharge 10 percent of invoice from contracted engineer review
Copy of planning rules and regulations $25.00
Copy of comprehensive plan $50.00
(b)
Zoning.
Zoning certificate: $25.00
Zoning applications: $125.00 for residential development
$225.00 for commercial development
Zoning permit: $25.00
Waterfront overlay development plan review $25.00 application filing fee
$30.00 advertising fee (all developments)
$3.00 per abutter
Copy of zoning ordinance $25.00
(Ord. of 4-12-2005; Ord. of 5-10-2005)
Secs. 15-62—15-69. - Reserved.#
ARTICLE IV. - COMPREHENSIVE PLAN#
Sec. 15-70. - Comprehensive plan incorporated by reference.#
The Comprehensive Plan of the Town of Warren, as duly updated and adopted from time to time, is hereby incorporated by reference in its entirety.
This section shall take effect for the purpose of conforming municipal land use decisions and for the purpose of being transmitted to the Rhode Island Director of Administration for State review upon public hearing and passage.
This section shall not become effective for the purposes of guiding State agency actions until it is approved by the State of Rhode Island pursuant to chapter 45-22.2 of the General Laws of Rhode Island a/k/a of the Rhode Island Comprehensive Planning and Land Use Act.
(Ord. of 10-8-2024(2); Ord. of 11-12-2024)