A.
An appeal from any decision of the Planning 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. The Board of Appeal shall be the Westerly Zoning
Board of Review as provided in RIGL 45-23-57. Appeals from a decision
granting or denying approval of a final plan shall be limited to elements
of the approval or disapproval not contained in the decision reached
by the Planning Board at the preliminary stage, providing that a public
hearing has been held on the plan pursuant to RIGL 45-23-42.
B.
An appeal from a decision of the Board of Appeal may be taken by
an aggrieved party to the Washington County Superior Court.
A.
An appeal to the Board of Appeal from a decision or action of the Planning Board or Administrative Officer may be taken by an aggrieved party to the extent provided in § A261-44. Such appeal must be taken within 20 days after the decision has been recorded in the Town of Westerly's land evidence records and posted in the office of the Town Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
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's Zoning Officer shall
accept delivery of an appeal on behalf of the Board of Appeal.
C.
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.
The Board of Appeal shall hold a public hearing on the appeal within
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 shall render a decision within 10 days of the close of the
public hearing. The cost of any notice required for the hearing shall
be borne by the appellant.
B.
The Board of Appeal shall only hear appeals of the actions of a Planning
Board or Administrative Officer at a meeting called especially for
the purpose of hearing such appeals and which has been so advertised.
C.
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 § A261-48C shall be maintained by the Board of Appeal.
A.
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.
The concurring vote of three of the five 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.
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.
D.
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.
A.
An aggrieved party may appeal a decision of the Board of Appeal to
the Washington County Superior Court by filing a complaint setting
forth the reasons of appeal within 20 days after the decision has
been recorded and posted in the office of the 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 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, the original applicant or appellant and the
members of the Planning Board 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.
B.
The review shall be conducted by the Superior Court without a jury.
The Court shall consider the record of the hearing before the Planning
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.
C.
The Court shall not substitute its judgment for that of the Planning
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:
(1)
In violation of constitutional, statutory, ordinance or Planning
Board regulations provisions;
(2)
In excess of the authority granted to the Planning Board by statute
or ordinance;
(3)
Made upon unlawful procedure;
(4)
Affected by other error of law;
(5)
Clearly erroneous in view of the reliable, probative, and substantial
evidence of the whole record; or
(6)
Arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion.
A.
An appeal of an enactment of or an amendment of local regulations
may be taken to the Washington County Superior Court by filing a complaint,
as set forth herein, within 30 days after such enactment or amendment
has become effective. The appeal may be taken by any legal resident
or landowner of the Town or by any association of residents or landowners
of the Town. The appeal shall not stay the enforcement of the local
regulations, as enacted or amended, but the Court may, in its discretion,
grant a stay on appropriate terms, which may include the filing of
a bond, and make such other orders as it deems necessary for an equitable
disposition of the appeal.
B.
The complaint shall set forth with specificity the area or areas in which the enactment or amendment is not consistent with the Comprehensive Planning Act, RIGL 45-22.2-1 et seq.; the Zoning Enabling Act of 1991, RIGL 45-24-27 et seq.; the Town's Comprehensive Plan; or Chapter 260, Zoning.
C.
The review shall be conducted by the Court without a jury. The Court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, RIGL 45-22.2-1 et seq.; the Zoning Enabling Act of 1991, RIGL 45-24-27 et seq., the Westerly Comprehensive Plan; or Chapter 260, Zoning. If the enactment or amendment is not consistent, then the Court shall invalidate the enactment or the amendment, or those parts of such enactment or amendment which are not consistent. The Court shall not revise the local regulations to be consistent, but may suggest appropriate language as part of the Court decision.
D.
The Court may, in its discretion, upon motion of the parties or on
its own motion, award reasonable attorney's fees to any party
to an appeal, as set forth herein, including a municipality.
Upon the entry of any case or proceeding brought under the provisions
of this chapter, including pending appeals and appeals hereinafter
taken to the Court, the Court shall, at the request of either party,
advance the case, so that the matter shall be afforded precedence
on the calendar and shall thereupon be heard and determined with as
little delay as possible.
