[Ref. of 11-7-1995; Ref.
of 11-5-2002]
A.
There shall be a Planning Board consisting of nine (9) members who
are residents of the town, to be chosen in the following manner: five
(5) to be appointed by the Mayor one from each district, and four
(4) to be appointed by the Council, for three year staggered terms
so arranged that the terms of three members shall expire each year.
The terms of all members serving as of the date of the November election
1995, shall terminate, unless they are reappointed, on the last day
of January 1996. During the month of January, 1996, the Mayor shall
appoint two members to serve for one year terms, two members to serve
for two year terms, and one member to serve for a three year term,
and the Council shall appoint one member to serve for a one year term,
one member to serve for a two year term, and two members to serve
for a three year term. As the terms of the members appointed in January
1995 expire, their successors shall be appointed by the designated
appointing authority for three year terms. All terms shall expire
on the last day of January, and new terms begin on the first day of
February. Vacancies shall be filled for the remainder of the unexpired
term by the appropriate appointing authority. Any member of the Planning
Board may be removed from office by the Council following a public
hearing.
B.
After each biennial selection of members to fill the positions of
those members of the Board whose terms have expired, the Board shall
organize by electing a Chairman, a Vice-Chairman, and Secretary.
C.
The Board shall hold at least ten (10) regular monthly meetings each
year and special meetings shall be held when called by the Chairman
or, upon the written request of five (5) members.
D.
The Board shall adopt its own rules of procedure and organize itself
into committees as it wishes and it shall have power, within the limits
of its budget appropriation, to employ such clerical and technical
assistants as it may require.
E.
Five (5) members of the Board shall constitute a quorum.
F.
The Board shall make special studies when requested by the Town Council
and/or the Mayor of the resources and needs of the Town with reference
to its physical growth and development as affecting the health, safety,
morals and general welfare of the people and the economy and efficiency
of communal life.
G.
Such Board shall have access to available plans, records, surveys,
and other data filed with any department of the Town.
H.
The Board shall report annually before December 1st, to the Mayor
and the Town Council and may recommend plans and schemes of development,
including a list of recommended capital improvements which in the
opinion of the Board are necessary or desirable to be undertaken during
the ensuing fiscal year and the five (5) fiscal years thereafter,
and give estimates of the costs thereof, and shall make other reports
upon such related matters as may be from time to time referred to
such Board by the Town Council; it shall also file such reports of
its activities and accomplishments as may be required by State law.
I.
In accordance with State law and ordinance, the Planning Board may
adopt, modify and amend rules and regulations governing and restricting
the platting or other subdivision of land pursuant to such rules and
regulations. In formulating such rules and regulations said Board
shall act only after public hearing.
J.
The Board shall administer and enforce such rules and regulations
and any person who shall thereafter subdivide any land in the Town
shall make a plat thereof and submit the same to the Board and no
plat of a subdivision of land in the Town shall be filed or recorded
until it shall have been approved by such Planning Board, except for
administrative subdivisions, which may be approved by the Planning
Director and the approval entered in writing on the plat by the Chairman
or Secretary of the Board, provided that notice by registered mail
of a hearing shall be given five (5) days in advance of the hearing
to the abutting owners.
K.
The Planning Board shall have the responsibility to prepare, and/or
supervise the preparation and periodic revision or amendment of, the
Comprehensive Plan for the Town mandated by and pursuant to the provisions
of Chapter 22.2 of Title 45 of the General Laws entitled: Rhode Island
Comprehensive Planning and Land Use Regulation Act. The Comprehensive
Plan when prepared, and subsequent revisions and amendments thereof,
shall be presented to the Town Council for enactment according to
the ordinance adoption procedure set forth in this Charter. All of
the provisions of the Rhode Island Comprehensive Planning and Land
Use Regulation Act as amended from time to time, relating to the Content
of the Plan, its formulation, its acceptance by the Council, and its
submission to the Director of Administration for State approval, shall
be followed, including but not limited to, the revision of the Zoning
Ordinance of the Town to conform to the provisions of the Plan.
L.
The Planning Board shall collaborate with the Mayor in the annual
preparation and recommendation to the Town Council of a capital improvement
budget for the following year, and a comprehensive future capital
improvement program.
[Ref. of 11-5-2002]
There shall be a Zoning Board of Review as authorized by State
law.
A.
The Board of Review shall consist of five (5) members, each to hold
office for the term of five (5) years; provided, however, that the
original selection shall be made for terms of one (1), two (2), three
(3), four (4) and five (5) years respectively. The Town Council shall
provide for the selection and organization of said Board of Review
and shall have the right to name two (2) alternate/auxiliary members
of said Board of Review of said Town who shall sit as active members
when and if a member or members of said Board are unable to serve
at any hearing, upon request of the Chairman of said Board.
B.
The Board of Review shall make its own rules of procedure having
to do with appeals to the Board, stay of proceedings on appeal and
hearing of appeals to the Board, provided that such rules conform
with law and amendments thereto. The Board shall keep minutes of its
proceedings, showing the vote of each member upon each question or,
if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be filed immediately in the office of the Board and shall be
a public record.
C.
The Board shall hear and decide appeals where it is alleged this
is error in any order, requirement, decision or determination made
by an administrative officer in the enforcement of zoning ordinances
of the Town. It shall hear and decide special exceptions to the terms
of the ordinance, upon which such Board is authorized to pass under
such ordinance. The Board shall authorize upon appeal in specific
cases such variance in the application of the terms of the ordinance
as will not be contrary to the public interest, where owing to special
conditions a literal enforcement of the provisions of the ordinance
will result in unnecessary hardship, and so that the spirit of the
ordinance shall be observed and substantial justice done.
The Board may reserve or affirm wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
may make such order, requirement, decision or determination as ought
to be made, and to that end shall have all the powers of the officer
from whom the appeal was taken.
D.
The Zoning Board of Review will act as the Planning Board of Review
in accordance with the duties prescribed by State law and the ordinances
of this Town.
The Council shall appoint an elector of the Town as Town Sergeant.
The Town Sergeant shall perform all of the duties and have all of
the powers and authority of a Town Sergeant as provided by the laws
of this State, and as may be provided by the Council by ordinance.
The Council may revoke the appointment of the Town Sergeant at any
time.
[Amended 11-6-2018]
The Council may appoint one (1) or more Auctioneers in accordance
with State law who shall give bond according to law in such amount
and with such sureties as shall be determined by the Council. The
Town shall not be responsible for the cost of such bond. Auctioneers
so appointed and qualified shall have such powers and duties as are
prescribed by State law and shall be entitled to collect and retain
such fees as are prescribed by statute, or as shall be agreed upon.
The Council may revoke the appointment of an Auctioneer at any time.
[Amended 11-6-2018]
There shall be a Town Sealer of Weights and Measures appointed
by the Council to address the function set forth in Sec. 1103(D).
The powers and procedure of said office shall be prescribed by State
law. The Council may revoke the appointment of the Town Sealer at
any time and shall have the authority to set an annual stipend to
be paid to said Sealer. Preference shall be given to a resident of
the Town of Cumberland.
In accordance with State law, and with the approval of the Governor
of the State, the Town Council is authorized to establish a local
Council of Defense.
[Ref. of 11-7-1995]
A.
There shall be a Department of Parks and Recreation, the head of
which shall be the Director of Recreation, who shall be appointed
by the Mayor with the approval of the Town Council to serve a term
concurrent with the term of the Mayor and until his or her reappointment
or the appointment of a successor is approved by the Town Council
from among persons who have academic training in recreation activity
and/or experience in the administration of public recreation programs.
The Director shall receive such compensation as may be set by the
Council by ordinance. [Amended 11-6-2018]
Powers and Duties of the Director.
1.
Be responsible for the development and administration of a comprehensive
recreation program for the Town.
2.
Be responsible for the supervision of the Recreation Department staff,
and the appointment, upon authorization of the Mayor, of such assistants
as he or she deems necessary within the limits of appropriations therefor,
to carry out the duties of his or her office.
3.
Schedule the use of the Town's parks, ballfields, and recreation
areas.
4.
Make recommendations to and work in cooperation with the Public Works
Department in its maintenance of the parks, ballfields, and recreation
areas.
B.
Parks and Recreation Commission. There shall be a Parks and Recreation
Commission as authorized by State law. The Town Council shall by ordinance
specify the number of members on said Commission or Board of Recreation,
the manner of their appointment and the term for which they are chosen,
and may provide that a member of the School Committee, a member of
the Town Council and a member from the Department of Public Works
designated by the Director of said department in said Town shall be
ex officio members of said Board of Parks and Recreation. The members
of said Board shall serve without compensation. They shall have no
authority to spend any money or to contract any indebtedness for or
on account of said Town, other than such moneys as shall be appropriated
and placed at their disposal for the purposes prescribed by State
law or by ordinances of the Town Council. The Director of Recreation
shall keep the Commission fully informed of all plans and activities
of the Department, and shall make an annual report to the Commission
with copies to the Mayor and the Council, and make such other reports
to the Commission as it may from time to time request.
There shall be a Board of Library Trustees consisting of seven
(7) members appointed by the Council for three (3) year terms except
that all vacancies shall be filled for the balance of unexpired terms,
such appointments to be made by the Town Council. Trustees may be
removed from office by the Town Council for cause. Trustees shall
be charged with the duties and responsibilities prescribed by State
law or by ordinance of the Town Council.
[Ref. of 11-7-1995]
There shall be an Economic Development Commission which shall
consist of seven (7) members appointed by the Town Council each to
serve a three-year term with the terms so arranged that the terms
of two (2) members will expire in one-year, the terms of two (2) members
will expire the following year, and the terms of three (3) members
will expire the third year. All vacancies on the Commission shall
be filled by the Council for the balance of the unexpired terms. No
member of the Development Commission shall vote on any matter in which
he or she has a business or personal interest. The Commission shall
have power to promote and encourage the location and development of
new business in the Town as well as the maintenance and expansion
of existing business and for the purpose shall cooperate with State
and with other local agencies and individuals, whether in the Town
of Cumberland or in other municipalities.
There shall be a Conservation Commission which shall consist
of seven (7) members appointed by the Town Council each for a term
of three (3) years except that all vacancies shall be filled for the
balance of unexpired terms, such appointments to be made by the Town
Council. The Conservation Commission shall make recommendations to
the Town Council for the preservation of the natural resources of
the Town with respect to future development.
There shall be a Housing Authority in the Town of Cumberland
consisting of five (5) members appointed by the Town Council to serve
five (5) year terms, except that all vacancies shall be filled for
the balance of unexpired terms, such appointments to be made by the
Town Council. The Authority shall have the powers necessary to carry
out and effectuate the purposes and provisions of the laws of the
State.
There shall be a Historic [District] Commission in the Town
of Cumberland consisting of seven (7) Town residents who shall be
appointed by the President of the Town Council to serve three (3)
year terms, except that all vacancies shall be filled for the balance
of unexpired terms, in like manner. The Authority shall have the powers
necessary to carry out and effectuate the purposes and provisions
of the laws of the State.
There shall be a Retirement [Pension] Board for the Town of
Cumberland consisting of three (3) members, who shall be qualified
electors of said Town and who shall not be members of the retirement
system. The members of said Board shall be appointed by the Town Council
for three (3) year terms, the appointments so arranged that one (1)
member shall be appointed each year, and the term of one (1) member
[shall] expire each year. Vacancies shall be filled by the Council
for the unexpired term. The Board shall continue to administer the
pension system in effect at the time of the adoption of this Charter,
under the legislation pertaining to such system then in force, and
under such subsequent provisions for the governance and operation
of said system as may from time to time be adopted in the future.
There shall be other officers of the Town as the Town Council
may determine.
