[HISTORY: Adopted by the Town Council of the Town of Smithfield 8-11-2009 by Ord. No.
2009-17. Amendments noted where applicable.]
The Town Council finds that the historical, architectural and
cultural heritage of the Town should be preserved to enrich the experience
of present and future generations and that the continued expansion
of urban and suburban development threatens the existence of historical
sites and structures.
There is hereby established an Historic Preservation Commission
to carry out the purposes of this chapter.
The Commission shall consist of seven members, residents of
the Town, to be appointed by the Town Council. Members shall be appointed
for a term of three years, except that the initial appointment of
two members shall be for one year, two members for two years and three
members for three years. Members shall be eligible for reappointment.
In the event of a vacancy on the Commission, the Town Council
shall make an interim appointment for the remainder of the unexpired
term. In the event that a Commission member shall have missed three
consecutive meetings without consent of said Commission, then his
or her membership shall expire forthwith, and the Town Council shall
make an interim appointment to fill the unexpired term of the vacancy.
In making appointments to the Commission, the Town Council may
consult with any duly organized historic or preservation society which
may submit a list of qualified citizens for the Town Council's
consideration.
The Commission shall organize annually and, by election, shall
select from its membership a Chairman, Vice Chairman and Secretary
and may adopt any rules of procedure deemed necessary in discharging
its duties.
Four members of the Commission shall constitute a quorum, and
no vacancy in the membership shall impair the right of a quorum to
exercise all the rights and perform all of the duties of the Commission.
[Amended 4-18-2017 by Ord. No. 2017-03]
The Commission shall have the following powers and duties:
A.
Establish criteria for evaluating historical, architectural or cultural
sites, buildings, places, landmarks or areas so as to determine their
value in terms of the national, state or local importance;
B.
Conduct and maintain a comprehensive inventory of historic resources
within the boundaries of the Town of Smithfield which shall be known
as the "Smithfield Historic Inventory," and publicize and periodically
update said inventory. Properties listed on the inventory shall be
recorded on official zoning records with an "HI" (for "historic inventory"
designation). This designation shall not change or modify the underlying
zoning classification;
C.
Initiate and maintain the Smithfield Register of Historic Places.
This official register shall be compiled of buildings, structures,
sites, and objects which are included on the Smithfield Historic Inventory
and which are identified by the Commission as having historic significance
worthy of recognition and protection by the Town of Smithfield. The
Commission shall encourage and assist, where possible, efforts by
owners to maintain, rehabilitate, and preserve such properties;
D.
Review nominations to the Smithfield Register of Historic Places
according to criteria and standards which the Commission shall adopt
as part of its rules;
E.
Review proposals to demolish historic structures as defined herein;
F.
Participate in, promote and conduct public information, educational
and interpretive programs pertaining to Smithfield's historic
resources;
G.
Establish liaison support, communication and cooperation with federal,
state, and other local government entities which will further historic
preservation objectives, including public education within the Town
of Smithfield;
H.
Advise the Town Council and the Town's boards, commissions and
officials on matters of Smithfield history and historic preservation.
All Town boards, commissions, departments, agencies, officials, and
employees shall seek an advisory opinion from the Commission and shall
give consideration to any such advisory opinion before rendering a
decision or taking any action which might impact or disturb an historic
resource that is listed on the Smithfield Historic Inventory or which
has been found by the Commission to have important historical significance.
Should the Commission, or its Chair or designee, not render such advisory
opinion within five business days after receipt of the request, the
Town board, commission, department, agency, official or employee may
thereafter decide or act upon the matter without the Commission's
advisory opinion.
I.
Perform other related functions assigned to the Commission by the
Town Council; and
J.
Review nominations of Smithfield properties to the State and National
Registers of Historic Places.
A.
No permit shall be issued by the Smithfield Building Official or
shall be valid for the demolition of part or all of any historic structure,
as defined herein, prior to its referral to and consideration by the
Historic Preservation Commission. The Commission shall have 60 days
after receipt to review and/or recommend modifications to the permit
proposal. The purpose of such review shall be to determine if the
demolition of the historic structure is consistent with the historical,
architectural or cultural preservation goals of the Town. If at the
expiration of said sixty-day period the Commission has not approved
the permit or agreed upon modifications to it with the owner, the
permit shall be issued if it complies with all other applicable laws
and regulations.
B.
For purposes of this section, "an historic structure" means a building
or structure which is included in the Smithfield Historic Inventory.
[Added 5-15-2012 by Ord. No. 2012-03; amended 4-18-2017 by Ord. No. 2017-03]
A.
The Smithfield Fire Department shall seek an advisory opinion from the Commission and shall give consideration to any such advisory opinion prior to participating in or assisting with the demolition of any structure in the Town of Smithfield or conducting live fire training exercises in any structure in the Town of Smithfield. Should the Commission, or its Chair or designee, not render such advisory opinion within five business days after receipt of such request, the Fire Department may thereafter undertake the proposed demolition or training exercise without the Commission's advisory opinion unless the structure is described in Subsections B(1), (2) or (3) below.
B.
The Smithfield Department shall not participate in or assist with
the demolition of an historic structure or conduct live fire training
exercises in any of the following circumstances:
(1)
If said structure is listed on the Smithfield Register of Historic
Places or the Smithfield Historic Inventory; or
(2)
If said structure is listed on the National Register or the State
Register of Historic Places pursuant to R.I.G.L., § 42-45;
or
(3)
If the Smithfield Historic Preservation Commission finds that said
structure has important historical significance, in which case the
Commission shall cause written notice of this finding to be delivered
to the Smithfield Fire Chief prior to any live fire training exercise
or demolition of said structure.
