[HISTORY: Adopted by the Town Council of the Town of Charlestown 7-13-1981
as Ch. 124. Amendments noted where applicable.]
There is hereby established a Planning Commission.
There shall be a Planning Commission composed of five (5) members. They
shall be elected at large on a nonpartisan basis for terms of six (6) years,
except that the initial elections shall be held in November 1982 and shall
be for terms of two (2) members for two (2) years, two (2) members for four
(4) years and one (1) member for six (6) years, respectively. In addition,
there shall be two (2) alternate members elected for terms of two (2) years,
and any vacancy on the Commission shall be filled by one (1) of the alternates
until the next general election. All members shall serve until their respective
successors have been elected. The Administrator, the Director of Public Works
and the Superintendent of Schools shall serve as ex officio members, and a
member of the Council may also serve as an ex officio member of this Commission.[1]
A.
Each candidate for the Planning Commission shall be a
qualified elector of the town qualified to vote upon a proposition to impose
a tax or for the expenditure of money in the town.
B.
Candidates for the Planning Commission shall be nominated
by petition signed by fifty (50) qualified electors of the town qualified
to vote upon a proposition to impose a tax or for the expenditure of money.
C.
The petition shall be on a form provided by the Town
Clerk, and the name of the intended nominee shall be affixed thereto by the
Town Clerk. The Seal of the Town of Charlestown shall be affixed to the front
page of said petition.
D.
Every qualified elector signing a nominating petition
shall sign his name and shall indicate thereon his place of residence. A signature
shall not be invalid because of the manner of indicating place of residence
if the identity of the elector reasonably may be determined.
E.
No qualified elector shall sign nominating petitions
for a greater number of candidates than are to be elected, and, should he
do so, his signature shall be counted upon the first petitions filed and shall
be void on all other petitions.
F.
Each nominating petition shall set forth the name and
place of residence of the candidate thereby nominated and shall state that
the nomination is for the office of Planning Commissioner and that the petitioners
are legally qualified to vote for such candidate.
G.
Each nominating petition also shall contain a statement
to the effect that it has been circulated in good faith for the sole purpose
of endorsing the person therein named in order to secure his selection as
stated in the petition.
H.
The nominating petition for any one (1) candidate may
consist of several petitions which shall be assembled into one (1) petition
before filing with the Town Clerk and shall be considered as a single petition.
I.
Each nominating petition shall be verified by oath or
affirmation of one (1) or more of the persons circulating the petition, taken
and subscribed before a person qualified to administer an oath, to the effect
that the petition was signed by each of the signers thereof in the handwriting
of the signer.
J.
Before a nominating petition may be filed with the Town
Clerk, there shall be filed with the Town Clerk an acceptance of the nomination,
in writing, signed by the candidate, which shall certify that the nominee
consents to stand as a candidate and that, if elected, he agrees to take office
and serve.
K.
Petitions for the nomination of candidates shall be filed
with the Town Clerk not less than twenty-one (21) days previous to the date
of the election.
L.
Upon receiving the nominating petition and statement
of acceptance of any candidate, the Town Clerk forthwith shall deliver the
petition to the canvassing authority, which shall certify to the Town Clerk
within seven (7) days after its receipt the validity of any petition having
sufficient number of proper signatures.
M.
The Town Clerk shall certify a list of candidates and
shall cause to be published twice on separate days in one (1) or more newspapers
having a general circulation in the town the names and addresses of the candidates
who have filed valid nominating petitions and acceptances.
N.
Each qualified elector of the town qualified to vote
upon a proposition to impose a tax or for the expenditure of money shall be
entitled and shall be instructed to vote for five (5) members of a Planning
Commission and two (2) alternate members of the Planning Commission.
O.
If any elector shall vote for more than five (5) candidates
for the Planning Commission and two (2) alternate members of the Planning
Commission at an election at which paper ballots are used, all of his votes
for candidates shall be invalid.
P.
The election for a Planning Commission shall be by machine
ballot at the general election commencing in November 1982 and every two (2)
years thereafter.
Q.
Provisions will be made for absentee ballots under the
same regulations that govern state general elections. Information regarding
applications can be obtained from the Board of Canvassers.
R.
Candidates for the Planning Commission shall be elected
at large without party or political designation and shall be listed alphabetically
on the ballot used for the election.
S.
The five (5) candidates receiving the greatest number
of votes shall be declared elected and shall constitute the Planning Commission,
and the two (2) candidates for alternate member receiving the greatest number
of votes shall be declared elected and shall constitute the alternate members
of the Planning Commission.
T.
The votes shall be counted and the result of the election
declared by the canvassing authority in the manner provided for other elections.
The Planning Commission may, subject to the approval of the Town Council
and within the limit of funds appropriated to it, enter into cooperative agreements
with 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. Such a board or commission may be
authorized to accept technical and financial assistance from other public
agencies or private organizations, subject to the approval of the Town Council.
Within the limit of the funds appropriated to it, the Planning Commission
may engage technical or clerical assistance to aid in the discharge of its
duties.
[Ratified 3-9-1992 by Ord. No. 185]
The Planning Commission shall make studies and prepare plans for the
utilization of the resources and satisfaction of the 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 community life. Such studies and plans may include, among other things,
the following:
A.
The utilization of land for residential, commercial,
industrial, public, institutional and other purposes.
B.
The location and character of transportation routes,
including railroads, highways, streets, sidewalks, bridges, terminals, heliports
and other facilities.
C.
The location and character of public facilities, including
offices, fire or police stations, schools, recreation areas and other public
places and structures.
D.
The location and character of public service and utility
systems, such as water supply, drainage, sewerage, street lighting and power
or fuel transmission.
E.
Blighted areas, including the designation of general
areas for redevelopment or renewal.
F.
Environmental pollution: air, land and water.
G.
The conservation and utilization of natural resources,
including soil, ground- or surface water, minerals, plant and animal life
and topographic features.
H.
Historic sites or buildings.
I.
Survival from possible disaster.
J.
The economic and sociological aspects of the town.
[Ratified 3-9-1992 by Ord. No. 185]
The Commission shall periodically update the Comprehensive Plan for
the development and improvement of the town. That plan shall, among other
things, show the proposed location and arrangement of the uses of the land;
transportation routes; public facilities; utility systems; deteriorating or
blighted neighborhoods planned for redevelopment, rehabilitation or other
improvement; natural resources and historic sites to be preserved; and disaster
survival proposals. The plan shall also include recommendations for the enactment
of development controls deemed necessary to properly implement the features
of the plan, such as zoning, subdivision control, official street map, minimum
housing standards, pollution control, etc. No portion of the Comprehensive
Plan or amendment thereto shall be adopted without a public hearing.
[Ratified 3-9-1992 by Ord. No. 185]
The Commission shall regulate the platting or any other subdivision
of land in accordance with the provisions of the General Laws of Rhode Island.
[Added 3-9-1992 by Ord. No. 185]
The Zoning Board of Review shall act as the Planning Board of Review
pursuant to Sections 45-23-14 and 45-23-15 of the Rhode Island General Laws
and, as such, shall have the power to hear and decide appeals where it is
alleged that there is an error in any order, requirement, decision or determination
made by the Planning Commission in the enforcement of this chapter or of the
rules and regulations adopted pursuant thereto. Further, said Planning Board
of Review shall have the power, in appropriate cases and subject to appropriate
conditions and safeguards, to grant special exceptions to the rules and regulations
of the Planning Commission in harmony with the general purpose and intent
of the rules and regulations.
