The Board shall be made up of nine (9) members appointed by
the Town Council, with the qualification and for the terms as set
forth in § 701 of the Little Compton Home Rule Charter. Any member
of the Board may be removed from office by the Town Council for due
cause, following a public hearing.
The Board shall organize annually in February by electing from
its membership a chairman, a vice chairman, a secretary, and an Administrative
Officer who may also hold other office of the Board. The Board may
adopt any procedural rules deemed necessary to the discharge of its
duties.
The Board may, subject to the limit of funds appropriated to
it, enter into cooperative agreements with any other city or town,
state, regional, or federal agencies or private organizations to undertake
studies deemed to be in the best interest of the locality, including
cooperative agreements with cities or towns in neighboring states
where problems of common interest are deemed to exist. The Board may
accept or engage technical or clerical assistance, including assistance
from other public agencies or private organizations, subject to the
limit of funds appropriated to it.
[Amended 9-5-2019]
Printed copies of these Regulations shall be available to the
general public and shall be revised to include all amendments. Any
appendices shall also be available. A reasonable charge may be made
for copies. Upon publication of these Regulations and any amendments
thereto, the Town shall send a copy to the State Law Library.
All records of the Board proceedings and decisions shall be
written and kept permanently available for public review. Completed
applications for proposed subdivision projects under review by the
Board, shall be available for public review.
All final written comments to the Board from the Administrative
Officer, municipal departments, the technical review committee, state
and federal agencies, and local commissions shall be part of the permanent
record of the development application.
Participation in a Board meeting or other proceedings by any
party shall not be a cause for civil action or liability except for
acts not in good faith, intentional misconduct, knowing violation
of law, transactions where there is an improper personal benefit,
or malicious, wanton, or willful misconduct.
All votes of the Board shall be made part of the permanent record
and shall show the members present and their votes. A decision by
the Board to approve any land development or subdivision application
shall require a vote for approval by a majority of the current Board
membership, regardless of the size of the quorum. The decision shall
be accompanied by appropriate findings as required in § 8.6,
unless such decision has been granted by default, pursuant to failure
of the Board to act within the time limits provided herein.
For a major subdivision, a public informational meeting shall
be held prior to the Board decision on the master plan, unless the
master plan and preliminary plan approvals are being combined, in
which case the public informational meeting shall be optional (i.e.
may be combined with the public hearing), based upon Board determination.
a.
Purpose. The purpose of an informational meeting is both to inform
the neighboring property owners and other interested parties as to
the nature of the proposed subdivision; and to inform the Board of
issues of concern to such parties, of which the Board may not be aware.
b.
Notice. Public notice for the informational meeting is required and
shall be given at least seven (7) days prior to the date of the meeting
in a newspaper of general circulation within the Town. Postcard notice
shall be mailed to the applicant and to all property owners within
a radius of two hundred feet (200') of both the subject property and
any adjacent property owned in whole or in part by the applicant.
c.
Part of the Record. At the public informational meeting the applicant
shall present the proposed development project. The Board shall allow
oral and written comments from the general public. All public comments
shall be made part of the public record of the project application.
A public hearing shall be required for a major subdivision or
where a street extension or creation requires a public hearing for
a minor subdivision.
a.
Notice Requirements. Public notice of the hearing shall be given
at least fourteen (14) days prior to the date of the hearing in a
newspaper of general circulation within the Town following the Town's
usual and customary practices for such advertising. Notice shall be
sent to the applicant and to each owner within the notice area, by
certified mail, return receipt requested, of the time and place of
the hearing not less than ten (10) days prior to the date of the hearing.
Such notice shall also include the street address of the subject property,
or if no street address is available, the distance from the nearest
existing intersection in tenths (1/10) of a mile.
b.
Notice Area. Notice shall be given to the applicant and to all property
owners within a radius of two hundred feet (200') of both the subject
property and any adjacent property owned in whole or in part by the
applicant.
c.
Watersheds. Notice of the public hearing, which may be a copy of
the newspaper notice, shall also be sent, at least two (2) weeks prior
to the hearing, by first class mail to:
1.
The city or town Planning Board of any municipality where there is
a public or quasi-public water source, or private water source that
is used or is suitable for use as a public water source, located within
two thousand feet (2,000') of the Town's boundaries.
2.
The governing body of any state or municipal water department or
agency, special water district, or private water company that has
riparian rights to a surface water resource and/or surface watershed
that is used or is suitable for use as a public water source located
within either the municipality or two thousand feet (2,000') of the
municipal boundaries, provided, however, that a map survey has been
filed with the building inspector as specified in R.I.G.L. §
45-24-53(E).
d.
Adjacent Municipalities. Notice of the public hearing shall be sent
by the Administrative Officer to the administrative officer of an
adjacent town if (1) the notice area extends into the adjacent town,
or (2) the development site extends into the adjacent town, or (3)
the Administrative Officer determines that there is a potential for
significant negative impact on the adjacent town.
e.
Notice Cost. The cost of all such notice shall be borne by the applicant.
For all subdivision applications, the approving authority, whether
Administrative Officer or Board, shall address each of the general
purposes stated in R.I.G.L. § 45-23-30, and shall make positive
findings on the following standard provisions, as part of the proposed
project's record prior to approval:
The proposed development is consistent with the Comprehensive
Community Plan and/or has satisfactorily addressed the issues where
there may be inconsistencies;
The proposed development is in compliance with the standards
and provisions of the Town's Zoning Ordinance;
There will be no significant negative environmental impacts
from the proposed development as shown on the final plan, with all
required conditions for approval;
Subdivision, as proposed will not result in the creation of
individual lots with such physical constraints to development that
building on those lots according to pertinent regulations and building
standards would be impracticable. (See definition of Buildable lot).
Lots with such physical constraints to development may be created
only if identified as permanent open space or permanently reserved
for a public purpose on the approved, recorded plans; and
All proposed land developments and all subdivision lots shall
have adequate and permanent physical access to a public street. Lot
frontage on a public street without physical access shall not be considered
compliance with this requirement.
The Board shall have the power to grant such waivers and/or
modifications from the requirements for land development and subdivision
approval as may be reasonable and within the general purposes and
intents of the provisions for local regulations. The only grounds
for such waivers and/or modifications shall be where the literal enforcement
of one (1) or more provisions of the regulations is impracticable
and will exact undue hardship because of peculiar conditions pertaining
to the land in question or where such waiver and/or modification is
in the best interest of good planning practice and/or design as evidenced
by consistency with the Town's Comprehensive Plan and Zoning Ordinance.
When an applicant has exceeded a deadline set in these Regulations
or in a prior approval granted to the applicant, and the development
application or approval is therefore rendered invalid, the application
may be reinstated by the Planning Board if it meets all the following
conditions:
a.
The subdivision is consistent with the Comprehensive Plan, and the
Comprehensive Plan has not changed substantially since the original
application as it would apply to this subdivision.
b.
The Subdivision Regulations, the Zoning Ordinance, and all applicable
state and federal regulations are substantially the same as they were
at the time of original application, as they would apply to this subdivision.
c.
The Zoning Map designation for the subdivision has not changed substantially
since the time of original application.
d.
There has been no substantial change to the physical conditions of
the subdivision or the neighboring property since the time of original
application.
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The request for reinstatement shall be in writing, and the Board
shall make written findings of fact in approving or denying such request.
It reinstated, the applicant shall proceed from the stage previous
to where expiration occurred. For example, if preliminary approval
had been granted and then expired, then the applicant shall reapply
for preliminary approval.
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The Board shall approve, approve with conditions or deny the
request for either a waiver or modification according to the requirements
of § 8.4. No waiver or modification may be granted without first
being heard as part of a Public Hearing as set forth in § 8.5
herein.
[Ord. No. 3/7/17]
All approved final plans and plats for land development and
subdivision projects shall be signed by the Chairperson of the Planning
Board.
[Ord. 3/7/17]
Upon signature, all plans and plats shall be submitted to the
Administrative Officer and the Chairperson prior to recording and
filing in the appropriate municipal departments. The material to be
recorded for all plans and plats shall include all pertinent plans
with notes thereon concerning all the essential aspects of the approved
project design, the implementation schedule, special conditions placed
on the development by the Town, permits and agreements with state
and federal reviewing agencies, and other information as required
by the Board.
Other parts of the applications record for subdivisions and
land development projects, including all meeting records, approved
master plan and preliminary plans, site analyses, impact analyses,
all legal agreements, records of the public hearing and the entire
final approval set of drawings shall be kept permanently by the municipal
departments responsible for implementation and enforcement.
The Town Clerk shall forward a copy of the Plat to the Fire
Chief who shall number the lots and notify the statewide "911" emergency
authority and the Police Department.
For all changes to the approved plans of land development projects
or subdivisions subject to this act, an amendment of the final development
plans is required prior to the issuance of any building permits. Any
changes approved in the final plan shall be recorded as amendments
to the final plan in accordance with the procedure established for
recording of plats in § 8.8.2.
Minor changes, as defined in § 8.9.4 below, to a subdivision
plan may be approved administratively, by the Administrative Officer,
whereupon a permit may be issued. Such changes may be authorized without
additional public hearings, at the discretion of the Administrative
Officer. All such changes shall be made part of the permanent record
of the project application. This provision shall not prohibit the
Administrative Officer from requesting a recommendation from the Board.
Denial of the proposed change(s) shall be referred to the Board for
review as a major change.
Major changes, which are hereby defined as any changes other
than minor changes as defined in § 8.9.4 below, to a subdivision
plan may be approved, only by the Board and must follow the same review
and public hearing process required for approval of preliminary plans.
Minor changes are hereby defined as any change which does not
substantially impact the proposed subdivision or any of the neighboring
properties, and which meets all of the following criteria:
a.
Variance. Where an applicant requires both a variance from the zoning
ordinance and Planning Board approval, the applicant shall first obtain
an advisory recommendation from the Planning Board, as well as conditional
Planning Board approval for the first approval stage for the proposed
project, which may be simultaneous, then obtain conditional Zoning
Board relief, and then return to the Planning Board for subsequent
required approval(s).
b.
Special Use Permit. Where an applicant requires both a special use
permit under the local zoning ordinance and Planning Board approval,
the applicant shall first obtain an advisory recommendation from the
Planning Board, as well as conditional Planning Board approval for
the first approval stage for the proposed project, which may be simultaneous,
then obtain a conditional special use permit from the Zoning Board,
and then return to the Planning Board for subsequent required approval(s).
Where an applicant requires both Planning Board approval and
Town Council approval for a zoning ordinance or zoning map change,
the applicant shall first obtain an advisory recommendation on the
zoning change from the Planning Board, as well as conditional Planning
Board approval for the first approval stage for the proposed project,
which may be simultaneous, then obtain a conditional zoning change
from the Town Council, and then return to the Planning Board for subsequent
required approval(s).
As authorized by the Zoning Ordinance and pursuant to state
law, the Zoning Board shall be the Board of Appeal to hear appeals
of decisions of the Planning Board or the Administrative Officer on
matters of review and approval of subdivision projects.
An appeal from any decision of the Board, or Administrative
Officer charged in the regulations with enforcement of any provisions,
except as provided herein, may be taken to the Board of Appeal by
an aggrieved party.
a.
Time Period and Standing. An appeal to the Board of Appeal from a
decision or action of the Board or Administrative Officer may be taken
by an aggrieved party. Such appeal must be taken within twenty (20)
days after the decision has been recorded and posted in the office
of the Town Clerk.
b.
Form and Content of Appeal. The appeal shall be in writing and shall
state clearly and unambiguously the issue or decision which is being
appealed, the reason for the appeal, and the relief sought. The appeal
shall either be sent by certified mail, with a return receipt requested,
or shall be hand-delivered to the Board of Appeal. The Town Clerk
shall accept delivery of an appeal on behalf of the Board of Appeal.
Two copies of the appeal shall be filed, and the Town Clerk shall
immediately transmit one copy to the Zoning Enforcement Officer and
the other copy to the Administrative Officer.
c.
Transmittal of Record. Upon receipt of an appeal, the Board of Appeal
shall require the Planning Board or Administrative Officer to transmit
forthwith to the Board of Appeal, all papers, documents and plans,
or a certified copy thereof, constituting the record of the action
which is being appealed.
An appeal shall stay all proceedings in furtherance of the action
being appealed.
a.
Time Limits and Notice. The Board of Appeal shall hold a public hearing
on the appeal within forty-five (45) days of the receipt of the appeal,
give public notice thereof, as well as due notice to the parties of
interest. At the hearing any party may appear in person, or may be
represented by an agent or attorney. The Board of Appeal shall render
a decision within ten (10) days of the close of the public hearing.
b.
Cost. The cost of any notice required for the hearing shall be borne
by the appellant.
c.
Special Meeting Required. The Board of Appeal shall only hear appeals
of the actions of the Planning Board or Administrative Officer at
a meeting called especially for the purpose of hearing such appeals
and which has been so advertised. The hearing, which may be held on
the same date and at the same place as a meeting of the Zoning Board
of Review, must be held as a separate meeting from any Zoning Board
of Review meeting. Separate minutes and records of votes as required
by § 8.11.6 shall be maintained by the Board of Appeal.
a.
Upon Findings and Record. In instances of a Board of Appeal's review
of a Planning Board or Administrative Officer's decision on matters
subject to this chapter, the Board of Appeal shall not substitute
its own judgment for that of the Planning Board or the Administrative
Officer but must consider the issue upon the findings and record of
the Planning Board or Administrative Officer. The Board of Appeal
shall not reverse a decision of the Planning Board or Administrative
Officer except on a finding of prejudicial procedural error, clear
error, or lack of support by the weight of the evidence in the record.
b.
Required Vote. The concurring vote of three (3) of the five (5) members
of the Board of Appeal sitting at a hearing, shall be necessary to
reverse any decision of the Planning Board or Administrative Officer.
c.
Required Records. The Board of Appeal shall keep complete records
of all proceedings including a record of all votes taken, and shall
put all decisions on appeals in writing. The Board of Appeal shall
include in the written record the reasons for each decision.
In the instance where the Board of Appeal overturns a decision
of the Planning Board or Administrative Officer, the proposed project
application shall be remanded to the Planning Board or Administrative
Officer, at the stage of processing from which the appeal was taken,
for further proceedings before the Planning Board or Administrative
Officer and/or for the final disposition, which shall be consistent
with the Board of Appeal's decision.
An appeal from a decision of the Board of Appeal may be taken
by an aggrieved party to the Superior Court for Newport County.
An aggrieved party may appeal a decision of the Board of Appeal,
to the Newport County Superior Court, by filing a complaint setting
forth the reasons of appeal within twenty (20) days after the decision
has been recorded and posted in the office of the city or town clerk.
The Board of Appeal shall file the original documents acted upon by
it and constituting the record of the case appealed from, or certified
copies thereof, together with such other facts as may be pertinent,
with the clerk of the court within thirty (30) days after being served
with a copy of the complaint. When the complaint is filed by someone
other than the original applicant or appellant, such original applicant
or appellant and the members of the Board of Appeal shall be made
parties to the proceedings. The appeal shall not stay proceedings
upon the decision appealed from, but the court may, in its discretion,
grant a stay on appropriate terms and make such other orders as it
deems necessary for an equitable disposition of the appeal.
The review shall be conducted by the Superior Court without
a jury. The court shall consider the record of the hearing before
the Board and, if it shall appear to the court that additional evidence
is necessary for the proper disposition of the matter, it may allow
any party to such appeal to present such evidence in open court, which
evidence, along with the report, shall constitute the record upon
which the determination of the court shall be made.
The court shall not substitute its judgment for that of the
Board as to the weight of the evidence on questions of fact. The court
may affirm the decision of the Board of Appeal or remand the case
for further proceedings, or may reverse or modify the decision if
substantial rights of the appellant have been prejudiced because of
findings, inferences, conclusions or decisions which are:
a.
In violation of constitutional, statutory, ordinance or Board regulations
provisions;
b.
In excess of the authority granted to the Planning Board by statute
or ordinance;
c.
Made upon unlawful procedure;
d.
Affected by other error of law;
e.
Clearly erroneous in view of the reliable, probative, and substantial
evidence of the whole record; or
f.
Arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion.
