[Adopted 2-7-1956; amended 9-4-1956;
3-12-1974 (Ch. 16, Art. II, Div. 2, of the 1985 Code of Ordinances)]
A.
For the purpose of promoting the general health, safety,
morals and general welfare of the citizens of the Town in accordance with
the General Laws entitled "Subdivision of Land" (G.L. 1956, § 45-23-1
et seq.), the power and authority is hereby granted to the Planning Board
of the Town to adopt, modify and amend rules and regulations governing and
restricting the platting or other subdivision of land within the Town, and
to control the subdivision of land pursuant to such rules and regulations.
B.
The Planning Board shall adopt, modify and amend such
rules and regulations in accordance with the provisions of G.L. 1956, § 45-23-1
et seq. The Planning Board shall approve, modify and approve, or disapprove
plats in accordance with the provisions of said act.[1]
[1]
Editor's Note: State law reference - Approval or disapproval of plat,
G.L. 1956, § 45-23-9 et seq.
A Subdivision Board of Review, in this article called the "Board," is hereby created. The Zoning Board of Review is hereby designated as the Board of Review as authorized by Chapter 3772 of the Public Laws of Rhode Island, 1956, and pursuant to G.L. 1956, Title 45, Chapter 23.
A.
Procedure.
(1)
Meetings of the Board shall be held at the call of the
chairman of the Zoning Board of Review and at such other times as the Board
may determine. The Zoning Board Chairman may administer oaths. All hearings
of the Board shall be open to the public.
(2)
In conducting hearings and arriving at its decisions,
the concurring vote of three members of the Board shall be necessary to reverse
any decision or determination of the Planning Board.
(3)
The Board shall keep accurate records of all its proceedings,
actions and decisions and the reasons related thereto, the vote of every member
participating therein and the absence of a member of his abstention in a vote
of the Board. This record shall be filed immediately in the office of the
Board and shall become a public record.
B.
Powers. The Board of Review shall have the following
powers:
(1)
To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made by the
Planning Board in the enforcement of the subdivision regulations of the Town,
in this section called "regulations";
(2)
To hear and decide special exceptions to the terms of
the regulations upon which such Board is authorized to pass; and
(3)
To authorize, upon appeal in specific cases, such variance
in the application of the terms of the regulations as will not be contrary
to the public interest where, owing to special conditions, a literal enforcement
of the provisions of such regulations will result in unnecessary hardship
and so that the spirit of the regulations shall be observed and substantial
justice done.
C.
Use of powers. In exercising the powers mentioned in Subsection B, the Board may, in conformity with the provisions of the regulations and in the proper exercise of its discretion, reverse or affirm wholly or partly or may modify the decision appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Planning Board from which the appeal was taken. The Board may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the regulations in harmony with the general purpose and intent of such regulations or where such exception is reasonably necessary for the convenience or welfare of the public.
D.
Appeals; special exceptions; variances.
(1)
Appeals to the Board may be taken by any applicant whose
subdivision plat has been rejected by the Planning Board by filing a statement
of appeal, a copy of such plat, the list of abutting owners furnished therewith
and the grounds of disapproval by the Planning Board and the names and addresses
of any persons who appeared before the Planning Board in opposition to the
subdivision. An appeal to the Board shall be taken within 10 days after disapproval
by the Planning Board of such subdivision.
(2)
Application for special exceptions or variances shall
be filed with the Board in the manner prescribed by the rules of the Board.
(3)
The Board shall fix a reasonable time for the hearing
of the appeal or application; shall publish notice thereof in a newspaper
of general circulation in the Town at least five days prior to the hearing;
shall give notice to the applicant, the owners of the property within 100
feet of the property in question and any other persons who entered appearances
before the Planning Board; and shall hear and decide the appeal, special exception
or variance within 45 days of the date of the hearing. Upon the hearing, any
party in interest may appear in person or by agent or by attorney.
(4)
Any person, whether or not previously a party to the
proceedings, aggrieved by a decision of the Board, may appeal to the Superior
Court of the county by complaint filed within 15 days after such decision
is recorded. Any person owning land in the Town located within 1,000 feet
of the subdivision involved shall have the status of an aggrieved person if
the value or use of his land may be affected by the recording of such subdivision.
[1]
Editor's Note: State law references - Board of Review, G.L. 1956,
§ 45-23-14 et seq.; Zoning Board of Review, G.L. 1956, § 45-24-13
et seq.; judicial review, G.L. 1956, § 45-23-20; suspension of special
acts, G.L. 1956, § 45-23-22.
In accordance with § 45-23-7 of the General Laws of Rhode
Island, the Town Clerk shall not record any plat of a subdivision of land
until it shall have been approved by the Planning Board and the approval entered
in writing on the plat by the Chairman or Secretary of said Planning Board.
In accordance with § 45-23-23 of the General Laws of Rhode
Island, all rules and regulations promulgated by the Planning Board and all
maps, plats, plans or charts of subdivision and prior repealed ordinances
relating to subdivision of land in the Town as embodied in this article and
recorded in Council Book 12, page 395, and Council Book 13, page 108, shall
remain in effect.
