ARTICLE XVI. - PLANNING, ZONING AND DEVELOPMENT

1601. - Town planner.#

There shall be a town planner who shall be appointed by the town council upon the recommendation of the town manager. Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election.

1602. - Qualifications.#

The town planner shall be a person who has graduated from a recognized college or university with a master's degree in urban planning and no less than three (3) years' experience as a city or town planner.

1603. - Duties and functions.#

The town planner shall be the chief advisor to the town manager, the town council, and the town planning board on matters pertaining to his or her expertise and shall, upon request, provide staff assistance to the zoning board of review and to the development commission. Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Social Election.

1604. - Planning board—Membership, appointment, term.#

There shall be a planning board for the town consisting of five (5) members, each to serve a five-year term, appointed by the town council in such manner that no more than three (3) of said members shall be members of the same political party. The said terms shall be so arranged that the term of one (1) member shall expire each year. The Town Council may appoint two (2) alternate members of said Board, who shall sit as an active member when and if a member is unable to serve at any hearing, upon request of the Chairperson of the Board. The alternate members shall be appointed for a five (5)-year term with each member's term expiring in a different year. The alternate members shall not be part of the same political party. All members serving on said board at the time that this Charter takes effect shall continue in office until the expiration of their respective terms. All members and alternates of said board shall be qualified electors and residents of the town and shall serve until the expiration of their respective terms, or until their successors are elected and qualified, or until they shall cease to have the qualifications set forth in this section. All vacancies on said board shall be filled for the unexpired term. The board shall elect a chairperson and such other officers as it may determine from among its own membership and shall adopt rules of procedure not inconsistent with this Charter or state law. Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election. Further, this section was amended by Question 1 approved at the November 2, 2004, Statewide General Election.

1605. - Planning board—Powers and duties.#

(A)

It shall be the duty of the planning board to make studies of the resources and needs of the town with reference to its physical growth and development as affecting the health, safety, moral, and general welfare of the people and the economy and efficiency of communal life. The board may make special studies when requested by the council or the town manager and shall have access to available plans, records, surveys, and other data filed with any department of the town. The board shall report annually to the council and to the town manager and may recommend plans and schemes of development and give estimates of the cost thereof, and shall make other reports upon such relative matters as may be from time to time referred to it by the council or the town manager. Such plans, schemes of development, [and] costs thereof shall be presented to the town manager annually as a five-year plan. All department heads shall submit to the planning board capital budget items. All capital budget items in excess of two hundred fifty thousand dollars ($250,000.00) shall be referred to an all-day referendum.

(B)

The planning board shall establish rules and procedures for all subdivision reviews in the Town of West Warwick in compliance with applicable state laws and the town's community comprehensive plan.

(C)

All significant community projects before the zoning board will be reviewed by the planning board at the discretion of the town manager for an advisory opinion. The [planning] board's recommendation must be made public and considered by the zoning board prior to any decision.

Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election.

1606. - Zoning board of review.#

There shall be a zoning board of review which shall consist of five (5) members, each to hold office for a term of five (5) years, with one (1) member to be appointed each year by the town manager with the confirmation of the council. The town council may appoint two (2) alternate members of said board, one of whom shall sit as an active member when and if a member is unable to serve at any hearing, upon request of the chairperson, of said board. The board shall choose its chairperson, and said chairperson, or an acting chairperson in his or her absence, may administer oaths and compel the attendance of witnesses. All members and auxiliary members of said board shall be qualified electors and residents of the town during their terms of office and shall hold no other office in the service of the town. No more than three (3) of the members of said board shall at any one time be members of the same political party, and one (1) of the auxiliary members shall be from each of the two (2) major political parties. The board shall elect its chairperson from among its members. Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election.

1607. - Development commission.#

There shall be a development commission for the town consisting of seven (7) members, all of whom shall be electors and residents of the town. The members of the commission shall be appointed by the town council, each for a four-year term, but with their terms arranged in such manner that the terms of two (2) members shall expire in each of three (3) successive years, and the term of one (1) member shall expire in the fourth year. All members of said commission in office at the time of the taking effect of this Charter shall continue to serve until the expiration of their respective terms. Appointments to the commission shall be made in such manner that no more than four (4) of the members thereof shall be members of the same political party at any one time. All members shall serve until their successors have been appointed and qualified, or until they shall cease to have the qualifications for office set forth in this section. All vacancies shall be filled for the remainder of the unexpired term in the manner prescribed for appointments to the commission in this section. The board shall elect its chairperson, vice-chairperson, and secretary-treasurer from among its members. Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election.

1608. - Duties of development commission.#

The development commission shall: (1)

Promote, aid, and assist in the development, expansion, and location of industry and business in the town for the purpose of establishing an equitable balance between commercial and residential property. It may make surveys and compile statistics in furtherance of the purpose set forth herein;

(2)

Perform other duties not inconsistent with the purposes of this article;

(3)

Cooperate with all boards, commissions, and departments of the town requiring its aid, counsel, and advice;

(4)

Have access to all available plans, records, surveys, and other information on file with any town department, and may call upon them for aid, advice, and assistance. It may also act as a liaison between the town, state, and federal agencies on such matters as may be authorized by the town council.

1609. - Development commission—Reports, recommendations.#

The development commission shall meet at least monthly and shall make quarterly reports to the town planner, town manager, and town council concerning the economic development of the town. Such reports must detail the substantive work accomplished in the preceding quarter and outline recommendations and goals for the upcoming quarter. It shall make such recommendations as it deems necessary and advisable for the best interests of the town. Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election, and by Question 5 approved at the November 2, 2010, Election.

1610. - Development commission—Bylaws.#

The commission may adopt bylaws covering its procedure not inconsistent with the provisions of this article and shall submit copies of same to the town manager. Editor's note— This section was amended by Question 1 approved at the February 8, 1994, Special Election.

1611. - [Department of building and zoning created.]#

There shall be a department of building and zoning, the director of which shall be appointed by the town council upon the recommendation of the town manager. Editor's note— This section is added by Question 6 approved at the November 2, 2010, Election.

1612. - Director qualifications.#

The director of building and zoning shall be a certified building official pursuant to the laws of the State of Rhode Island. Editor's note— This section is added by Question 6 approved at the November 2, 2010, Election.