[Amended 12-20-2023]
A.
Administrative
Officer. The administration of these Regulations shall be under the
direction of the Administrative Officer. The Planning Commission shall
designate the Administrative Officer according to the qualifications
contained in Section 1.8B. The duties and responsibilities of the
Administrative Officer shall include, but not be limited to:
B.
Technical
Review Committee. There is hereby established a committee to be known
as the Technical Review Committee (TRC). The purpose of the TRC is
to conduct technical reviews of applications for subdivisions and
land developments subject to the provisions of these Regulations,
and to advise the Administrative Officer or the Planning Commission.
1.
Membership.
The Administrative Officer shall serve as chairperson of the TRC.
The membership of the TRC shall be the following persons, or their
designee, as follows:
a.
Town Planner
b.
Public Works Director
c.
Town Engineer
d.
Building/Zoning Official
e.
Zoning/Code Enforcement Officer
f.
Wastewater/Stormwater Manager
g.
Fire Chief for the district in which the parcel is located
The membership shall also include two members of the Planning
Commission, with two members and two alternates selected initially,
and rotated every six months, with all members and alternates eligible
to serve.
2.
Meeting
Protocol. Meetings of the TRC shall be considered public meetings
subject to the requirements of Section 10.6. The quorum of the TRC
shall consist of three (3) members. If the Town Planner or any other
member identified above also serves as the Administrative Officer,
that member shall serve in an ex-officio (non-voting) capacity on
the TRC. Only one member of the Planning Commission may vote on any
application.
3.
Advisory
Review. The TRC shall review and advise on subdivision and land development
applications that are designated as projects subject to administrative
review under the provisions of Chapter 45-23 of the General Laws of
Rhode Island. These include, but may not be limited to:
a.
Minor subdivisions of three to nine lots not involving a street creation
or extension;
b.
All minor land developments not subject to administrative review
under Article XII of the Charlestown Zoning Ordinance; and/or
c.
Any application not requiring unified development review.
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The TRC shall also review and advise on the master plan application
for a major subdivision or land development per Section 9.1B. and
may also review and advise on other applications that would otherwise
require a public meeting before the Planning Commission. The TRC review
shall be advisory to either the Administrative Officer or to the Planning
Commission, as appropriate.
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4.
Decisions.
Recommendations of the TRC to the permitting authority shall be made
in writing and kept as part of the permanent record of the application.
The recommendation of the TRC shall be made following a vote of a
majority of members present. When the TRC is advisory to the Administrative
Officer, the decision shall be binding on the Administrative Officer.
A.
Adoption. These Regulations and any subsequent amendment or repeal
shall be adopted after a public hearing has been held by the Commission.
The Commission shall give notice of the hearing by a display ad in
a local newspaper at least once each week for three (3) successive
weeks prior to the date of hearing, which may include the week the
hearing is to be held. A copy of the notice shall be mailed by first
class mail to Planning Boards of all abutting Towns and any governing
body of any state or municipal water department or agency as described
in RIGL 45-23-53(e). A copy of the notice shall be mailed to the Associate
Director of the Rhode Island Division of Planning two weeks prior
to the date of the hearing. No defect in any form of any notice under
this section shall render any regulations invalid, unless such defect
is found to be intentional or misleading.
B.
Notice Requirements. The newspaper notice shall be published as a
display advertisement using a type size of the normal type size used
by the newspaper in its articles and shall specify the following:
1.
The place of the hearing;
2.
The date of the hearing;
3.
The time of the hearing;
4.
Indicate that adoption, amendment, or repeal of the Planning Commission's
Subdivision Regulations is proposed, and contain a statement summarizing
the matter under consideration;
5.
Advise where and when a copy of the matter under consideration may
be reviewed and/or purchased, and;
6.
State that proposals shown thereon may be altered or amended prior
to the close of the public hearing without further advertising, as
a result of further study or because of the views expressed at the
public hearing.
C.
Publication and Availability. Copies of these Regulations shall be
available to the general public for a fee. The Administrative Officer
shall set a fee for the staff time and expenses incurred for maintenance
and reproduction. The Administrative Officer shall maintain these
Regulations.
A.
Public Works Director. The Public Works Director shall report to
the Administrative Officer in writing his approval, modifications,
or denial of applications filed. The Director shall make specific
findings on such applications that are deficient to the design requirements
of these Regulations and where possible, make recommendations for
the adjustments thereof. The Planning Commission may request the attendance
of the Director for review of an application.
B.
Review by Town Officials. The applicant shall submit letters of review
with comments from the appropriate Fire District, Police Department
and any other agencies as appropriate. If an official or agency fails
to report, such failure shall be noted in the minutes of the public
hearing for that application. The Commission reserves the right to
refer any application to local boards and/or state or federal agencies
for review.
A.
Permits. Building permits shall not be issued for the construction
of any structure within a subdivision unless a final plat of such
is legally recorded in the Land Evidence Records of the Town. No building
permits in subdivisions shall be issued unless all lots have frontage
and access to an improved road that has been accepted by the Charlestown
Town Council.
B.
Improvements. Unless a plan of such subdivision has been approved
as provided by these Regulations, no property or right-of-way shall
be improved, relocated, or offered for dedication and conveyance to
the Town, and no other public improvements shall be installed or constructed.
Any person, who begins construction of any structure or improvement
subject to these Regulations, without having first received the appropriate
approval from the Administrative Officer or the Planning Commission,
shall be in violation of these Regulations.
C.
Violations. Violations shall include lack of compliance with any
terms or conditions of any action imposed by the Planning Commission
or the Administrative Officer. Any owner, or agents of the owner,
who transfers, sells, or negotiates to sell any land by reference
to or exhibition of, or by other use, a plat of a subdivision before
such subdivision has been finally approved shall be in violation of
these Regulations.
D.
Penalties. The penalty for violations shall relate to the seriousness
of the offense, a maximum of five hundred dollars ($500) for each
violation, and each day of existence of any violation shall be deemed
a separate offense. Any such fine shall inure to the Town of Charlestown.
E.
Injunctive Relief. The Town Solicitor shall have the authority to
bring suit in Washington County Superior Court to restrain the violation
of, or compel compliance with, the provisions of these Regulations.
Any action for injunctive relief may be consolidated with action seeking
penalties for violations of these Regulations and to recover such
costs of the injunction from the subdivider.
Records of the Planning Commission shall be kept by the Administrative
Officer. Applications which have been submitted to the Commission
for review will be available for review. All votes of the Commission
shall be made part of the permanent record.
[Amended 12-20-2023]
A.
Notice Requirements.
1.
TRC Public Meetings. When the TRC is reviewing applications which
have been identified under § 45-23-38 or § 45-23-39
of the RI Land Development and Subdivision Review Enabling Act as
qualifying for administrative review, the Administrative Officer shall
send notice to all owners within two hundred (200) feet, or greater
as determined by the Administrative Officer, by regular mail, and
email if available. All public meetings shall also be made accessible
on the home page of the Town of Charlestown website.
2.
Public Hearings. Where a public hearing is required, the details
of the notice requirements shall be sent to the applicant by the Administrative
Officer.
a.
Public notice of the hearing shall be submitted by the Administrative
Officer for publication at least fourteen days prior to the date of
the hearing in the local newspaper of the Town and made accessible
on the home page of the Town of Charlestown website. The applicant
shall bear all costs of the advertising.
b.
The applicant shall send notice by first class mail to each
owner of property within two hundred (200) feet of the proposed project,
excluding the area encompassed by public or private right-of-ways,
not less than two (2) weeks prior to the date of the hearing. The
Planning Commission reserves the right to extend the minimum area
of notice if it deems a greater area of Town will be impacted by the
proposed project. The applicant shall submit a notarized affidavit
of mailing of notice to abutters.
B.
Notice Contents. The contents of the public notice and letters shall
be as follows:
1.
The applicant's name;
2.
A description specifying the type of development proposed;
3.
The time and place of the hearing;
4.
A copy of the reduced 11" x 17" subdivision or site plan;
5.
A statement that the proposed development may be revised by the Planning
Commission as a result of further study or because of views expressed
at the public hearing;
6.
Advise where a full set of the proposed plans may be examined.
C.
Property Notice. A notice that an application for development approval has been filed shall be additionally posted as a temporary sign on the property of the application by the applicant. The sign shall state the items identified in Subsection B above and a contact telephone number of the applicant. The Administrative Officer shall provide a sample sign. Such posting shall be for informational purposes, be visible from an abutting public right-of-way, and shall not constitute a substitute for the other notice requirements for a public hearing. The sign shall be posted not less than two (2) weeks prior to the date of the public hearing.
E.
Watersheds. Notice of the public hearing shall be sent by the applicant
for areas which fall within watersheds as required by R.I. General
Law 45-23-53(b) and (c).
A.
Zoning Issues. Any zoning issue concerning an application subject
to these Regulations shall be resolved with the Building Inspector/Zoning
Board before the Administrative Officer or Commission will review
the application for approval.
B.
Town Council. Where an applicant submits a zoning ordinance or zoning
map amendment, the applicant shall first obtain a recommendation on
the zoning change/amendment, then obtain approval of the zoning request
from the Town Council, and then return to the Commission for subsequent
required approvals.
A.
Waivers and Modifications. The Planning Commission may grant such
waivers and/or modifications from the requirements for approval and
design standards as may be reasonable and consistent with the general
purposes and intent of these Regulations upon written application
from the applicant. The criteria for a waiver and/or modifications
shall be, but not limited to:
1.
The literal enforcement of one or more provisions of these Regulations
is impractical because of particular site conditions of the land of
the application; and
2.
The waiver/modification is not based on economic consideration; and
3.
The waiver/modification is in the public interest and not detrimental
to the public health, safety and welfare; and
4.
The waiver/modification will promote the best site layout and design
and is an example of good planning practice; and
5.
The waiver/modification is consistent with the adopted Comprehensive
Plan and any subsequent amendments.
B.
Reinstatements/Extensions. When the deadlines of these Regulations
are exceeded, an application or approval is therefore rendered invalid.
The application shall return to the conceptual review process with
the Planning Commission. The Commission at this meeting shall review
written evidence from the applicant as to why the time period for
approval has expired. The Commission shall determine if the application
has any merit in being reinstated to the last point of approval in
the review process, or if the applicant has documented an extension
of approval is merited. The applicant shall pay a reinstatement/extension
fee consisting of the filing fee for the review stage of approval
that expired. The Commission may waive such expiration of the approval.
The Commission may extend the approval to a date certain as determined
appropriate by the Commission. The application may be reinstated/extended
by the Commission under the following conditions:
1.
The application is consistent with the Comprehensive Plan; and
2.
The Subdivision Regulations and Zoning Ordinance are substantially
the same as they were at the time of original approval; and
3.
The zoning of the parcel is substantially the same as it was at the
time of original approval; and
4.
The physical conditions on the parcel are substantially the same
as they were at the time of original approval; and
5.
Any applicable state or federal regulations are substantially the
same as they were at the time of original approval and the applicant
has pursued obtaining the appropriate permits.
[Amended 12-20-2023]
A.
Board of Appeal. An appeal from a decision of the Administrative
Officer related to the enforcement of these Regulations may be taken
to the Board of Appeal by an aggrieved party. Such appeal must be
taken within twenty (20) days after the decision has been posted in
the office of the Administrative Officer. The appeal shall clearly
state the issue which is being appealed, the reason for appeal and
the relief sought. The appeal shall be sent by certified mail to the
agent of the Board of Appeal's office. Upon notification of an appeal
from the agent of the action which is being appealed, the Board of
Appeal shall hold a hearing on the appeal as required by R.I. General
Law 45-23-69.
B.
Appeals to Superior Court. An appeal from a decision of the Administrative
Officer or the Planning Commission related to a decision on a development
plan review, land development or subdivision application, and from
a decision of the Board of Appeal may be made by filing a complaint
to Superior Court, as set forth in R.I. General Law § 45-23-71.
C.
Appeal of Enactment of or Amendment of Regulations. Any appeal of
an enactment of or an amendment of these Regulations may be taken
by filing a complaint, as set forth in R.I. General Law 45-23-72.
If any provision of these Regulations or any rule, regulation,
or determination made thereunder, or the application thereof to any
person, agency or circumstances, is held invalid by a court of competent
jurisdiction, the remainder of such Regulations, rule or determination
and the application of such provisions to other persons, agencies
or circumstances shall not be affected thereby. The invalidity of
any section or sections of these Regulations shall not affect the
validity of the remainder of the Regulations.
