[1]
Editor's Note: For related provisions, see Ch. 40, Planning Commission.
A. 
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 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. When an alternate resigns or is appointed to fill a vacancy on the Commission, the Council may appoint a replacement alternate to serve until the next general election. All members shall serve until their respective successors have been elected. The Town Administrator and the Director of Public Works shall serve as ex officio members, and a member of the Council may also serve as an ex officio member of this Commission.
[Amended 11-4-1986; 11-8-1988; ratified by Council 2-10-1992; 11-2-2010]
B. 
The Commission shall organize annually by electing a Chairman, Vice Chairman, and appointing a Secretary. Members of the Commission shall serve without compensation but may be reimbursed out of appropriations for any expenses incurred in the performance of their duties.
A. 
Regular meetings of the Commission shall be held at least once a month on such days as the Commission may determine, and special meetings shall be held at the call of the Chairman or on written request of two (2) members.
B. 
Three (3) members shall constitute a quorum, but no action shall be taken by the Commission without the concurring vote of three (3) members.
C. 
Meetings of the Commission shall be held as the Commission may determine. The Chairman or, in his/her absence, the Vice Chairman, may administer oaths, compel the attendance of witnesses and the submission of explanatory data. Alternate members may actively participate in all hearings, whether acting in a voting capacity or not. In the event a regular Commission member can not vote, then the first alternate shall serve as a voting member of the Commission. In the event two regular Commission members can not vote, the second alternate shall also serve as a voting member. In the absence of the first alternate, the second alternate shall serve as the first alternate. No member or alternate may vote on any matter before the Commission unless he/she has been present for the entire proceedings on that application or has reviewed the meeting tapes, the minutes and familiarized himself/herself with the application.
[Added 11-4-2008[1]]
[1]
Editor's Note: This amendment also redesignated former Subsection C as Subsection D.
D. 
The Commission shall adopt rules for the transaction of business.
[Amended 11-5-1996]
A. 
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:
(1) 
The utilization of land for residential, commercial, industrial, public, institutional and other purposes;
(2) 
The location and character of transportation routes, including railroads, highways, streets, sidewalks, bridges, terminals, heliports and other facilities;
(3) 
The location and character of public facilities, including offices, fire or police stations, schools, recreation areas and other public places and structures;
(4) 
The location and character of public service and utility systems such as water supply, drainage, sewerage, streetlighting and power or fuel transmission;
(5) 
Blighted areas, including the designation of general areas for redevelopment or renewal;
(6) 
Environmental pollution: air, land and water;
(7) 
The conservation and utilization of natural resources, including soil, ground- or surface water, minerals, plant and animal life and topographic features;
(8) 
Historic sites or buildings;
(9) 
Survival from possible disaster; and
(10) 
The economic and sociological aspects of the town.
B. 
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.
C. 
[1]The Commission shall regulate the platting or any other subdivision of land in accordance with the provisions of the General Laws of Rhode Island.
[1]
Editor's Note: Former Subsection C, Capital Budget, was repealed 11-8-1988; ratified by Town Council 2-10-1992. Said legislation also redesignated former Subsections D through G as Subsections C through F, respectively.
D. 
The Commission shall file an opinion with the Council on all proposed amendments to the Zoning Ordinance,[2] giving due consideration to the relationship of such amendments to the town's Comprehensive Plan, and shall recommend to the Council amendments to the Zoning Ordinance[3] wherever there is a proposed major change in or extension of land use, transportation routes, public facilities or public utility systems. At least once every two (2) years the Planning Commission shall review the Zoning Ordinance and make recommendations concerning its revision.
[2]
Editor's Note: See Ch. 218, Zoning.
[3]
Editor's Note: See Ch. 218, Zoning.
E. 
The Commission shall report annually to the Council at the end of the fiscal year, summarizing the work of the preceding year and recommending plans for future development of the town. A copy of this report shall be filed with the Rhode Island Development Council in accordance with the provisions in the General Laws of Rhode Island. All plans and reports of the Commission shall be first submitted to the Council, and thereafter the Commission may publish and distribute copies of plans and reports in order to promote public interest in and understanding of the work of the Commission.
F. 
The Commission shall undertake such other work as may be assigned by the Council in connection with the physical growth and development of the town. The Commission shall have the authority to call upon other departments, boards, committees or commissions of the town and agencies of the state and federal governments for assistance in performing its designated functions, and shall cooperate with other departments and with state and federal agencies on community, regional and state planning and development. The Commission may employ such technical assistance as it may deem necessary within the funds appropriated to it, and may enter into agreements with the state, federal or regional agencies; the Commission may incur any expense necessary therefor, but it shall not for any purpose contract for or incur any expense greater than the amount appropriated or available therefor.
A. 
Any proposal for the construction of a public improvement or for the acquisition of land for public use shall be first submitted to the Planning Commission for its recommendation. Nothing, however, shall be construed to prevent the proposal from being effected in the absence of a recommendation of the Commission after thirty (30) days from the date of submission or subsequent to a negative recommendation of the Commission.
B. 
All proposed ordinances and resolutions of the Council which concern the existing and proposed location and arrangement of the uses of the land, transportation routes, public facilities; public 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 shall be submitted to the Commission for its recommendation. Nothing, however, shall be construed to restrict or prevent the Council from acting on any ordinance or resolution contrary to or in the absence of a recommendation of the Commission.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C concerning capital budget and capital improvement program, was repealed 11-5-1996.
D. 
The Commission may also act in a review capacity in other matters as may be specified in the General Laws of the State of Rhode Island.