[Ref. of 11-7-1995; Ref. of 11-5-2002]
There shall be a Planning Board consisting of nine (9) members who are residents of the town, to be chosen in the following manner: five (5) to be appointed by the Mayor one from each district, and four (4) to be appointed by the Council, for three year staggered terms so arranged that the terms of three members shall expire each year. The terms of all members serving as of the date of the November election 1995, shall terminate, unless they are reappointed, on the last day of January 1996. During the month of January, 1996, the Mayor shall appoint two members to serve for one year terms, two members to serve for two year terms, and one member to serve for a three year term, and the Council shall appoint one member to serve for a one year term, one member to serve for a two year term, and two members to serve for a three year term. As the terms of the members appointed in January 1995 expire, their successors shall be appointed by the designated appointing authority for three year terms. All terms shall expire on the last day of January, and new terms begin on the first day of February. Vacancies shall be filled for the remainder of the unexpired term by the appropriate appointing authority. Any member of the Planning Board may be removed from office by the Council following a public hearing.
After each biennial selection of members to fill the positions of those members of the Board whose terms have expired, the Board shall organize by electing a Chairman, a Vice-Chairman, and Secretary.
The Board shall hold at least ten (10) regular monthly meetings each year and special meetings shall be held when called by the Chairman or, upon the written request of five (5) members.
The Board shall adopt its own rules of procedure and organize itself into committees as it wishes and it shall have power, within the limits of its budget appropriation, to employ such clerical and technical assistants as it may require.
Five (5) members of the Board shall constitute a quorum.
The Board shall make special studies when requested by the Town Council and/or the Mayor of the resources and 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 communal life.
Such Board shall have access to available plans, records, surveys, and other data filed with any department of the Town.
The Board shall report annually before December 1st, to the Mayor and the Town Council and may recommend plans and schemes of development, including a list of recommended capital improvements which in the opinion of the Board are necessary or desirable to be undertaken during the ensuing fiscal year and the five (5) fiscal years thereafter, and give estimates of the costs thereof, and shall make other reports upon such related matters as may be from time to time referred to such Board by the Town Council; it shall also file such reports of its activities and accomplishments as may be required by State law.
In accordance with State law and ordinance, the Planning Board may adopt, modify and amend rules and regulations governing and restricting the platting or other subdivision of land pursuant to such rules and regulations. In formulating such rules and regulations said Board shall act only after public hearing.
The Board shall administer and enforce such rules and regulations and any person who shall thereafter subdivide any land in the Town shall make a plat thereof and submit the same to the Board and no plat of a subdivision of land in the Town shall be filed or recorded until it shall have been approved by such Planning Board, except for administrative subdivisions, which may be approved by the Planning Director and the approval entered in writing on the plat by the Chairman or Secretary of the Board, provided that notice by registered mail of a hearing shall be given five (5) days in advance of the hearing to the abutting owners.
The Planning Board shall have the responsibility to prepare, and/or supervise the preparation and periodic revision or amendment of, the Comprehensive Plan for the Town mandated by and pursuant to the provisions of Chapter 22.2 of Title 45 of the General Laws entitled: Rhode Island Comprehensive Planning and Land Use Regulation Act. The Comprehensive Plan when prepared, and subsequent revisions and amendments thereof, shall be presented to the Town Council for enactment according to the ordinance adoption procedure set forth in this Charter. All of the provisions of the Rhode Island Comprehensive Planning and Land Use Regulation Act as amended from time to time, relating to the Content of the Plan, its formulation, its acceptance by the Council, and its submission to the Director of Administration for State approval, shall be followed, including but not limited to, the revision of the Zoning Ordinance of the Town to conform to the provisions of the Plan.
The Planning Board shall collaborate with the Mayor in the annual preparation and recommendation to the Town Council of a capital improvement budget for the following year, and a comprehensive future capital improvement program.
[Ref. of 11-5-2002]
There shall be a Zoning Board of Review as authorized by State law.
The Board of Review shall consist of five (5) members, each to hold office for the term of five (5) years; provided, however, that the original selection shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively. The Town Council shall provide for the selection and organization of said Board of Review and shall have the right to name two (2) alternate/auxiliary members of said Board of Review of said Town who shall sit as active members when and if a member or members of said Board are unable to serve at any hearing, upon request of the Chairman of said Board.
The Board of Review shall make its own rules of procedure having to do with appeals to the Board, stay of proceedings on appeal and hearing of appeals to the Board, provided that such rules conform with law and amendments thereto. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the Board and shall be a public record.
The Board shall hear and decide appeals where it is alleged this is error in any order, requirement, decision or determination made by an administrative officer in the enforcement of zoning ordinances of the Town. It shall hear and decide special exceptions to the terms of the ordinance, upon which such Board is authorized to pass under such ordinance. The Board shall authorize upon appeal in specific cases such variance in the application of the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
The Board may reserve or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken.
The Zoning Board of Review will act as the Planning Board of Review in accordance with the duties prescribed by State law and the ordinances of this Town.
The Council shall appoint an elector of the Town as Town Sergeant. The Town Sergeant shall perform all of the duties and have all of the powers and authority of a Town Sergeant as provided by the laws of this State, and as may be provided by the Council by ordinance. The Council may revoke the appointment of the Town Sergeant at any time.
The Council may appoint one (1) or more Auctioneers in accordance with State law who shall give bond according to law in such amount and with such sureties as shall be determined by the Council. The Town shall not be responsible for the cost of such bond. Auctioneers so appointed and qualified shall have such powers and duties as are prescribed by State law and shall be entitled to collect and retain such fees as are prescribed by statute, or as shall be agreed upon. The Council may revoke the appointment of an Auctioneer at any time.
There shall be a Town Sealer of Weights and Measures appointed by the Council to address the function set forth in Sec. 1103(D). The powers and procedure of said office shall be prescribed by State law. The Council may revoke the appointment of the Town Sealer at any time and shall have the authority to set an annual stipend to be paid to said Sealer. Preference shall be given to a resident of the Town of Cumberland.
In accordance with State law, and with the approval of the Governor of the State, the Town Council is authorized to establish a local Council of Defense.
[Ref. of 11-7-1995]
There shall be a Department of Parks and Recreation, the head of which shall be the Director of Recreation, who shall be appointed by the Mayor with the approval of the Town Council to serve a term concurrent with the term of the Mayor and until his or her reappointment or the appointment of a successor is approved by the Town Council from among persons who have academic training in recreation activity and/or experience in the administration of public recreation programs. The Director shall receive such compensation as may be set by the Council by ordinance. [Amended 11-6-2018]
Powers and Duties of the Director.
Be responsible for the development and administration of a comprehensive recreation program for the Town.
Be responsible for the supervision of the Recreation Department staff, and the appointment, upon authorization of the Mayor, of such assistants as he or she deems necessary within the limits of appropriations therefor, to carry out the duties of his or her office.
Schedule the use of the Town's parks, ballfields, and recreation areas.
Make recommendations to and work in cooperation with the Public Works Department in its maintenance of the parks, ballfields, and recreation areas.
Parks and Recreation Commission. There shall be a Parks and Recreation Commission as authorized by State law. The Town Council shall by ordinance specify the number of members on said Commission or Board of Recreation, the manner of their appointment and the term for which they are chosen, and may provide that a member of the School Committee, a member of the Town Council and a member from the Department of Public Works designated by the Director of said department in said Town shall be ex officio members of said Board of Parks and Recreation. The members of said Board shall serve without compensation. They shall have no authority to spend any money or to contract any indebtedness for or on account of said Town, other than such moneys as shall be appropriated and placed at their disposal for the purposes prescribed by State law or by ordinances of the Town Council. The Director of Recreation shall keep the Commission fully informed of all plans and activities of the Department, and shall make an annual report to the Commission with copies to the Mayor and the Council, and make such other reports to the Commission as it may from time to time request.
There shall be a Board of Library Trustees consisting of seven (7) members appointed by the Council for three (3) year terms except that all vacancies shall be filled for the balance of unexpired terms, such appointments to be made by the Town Council. Trustees may be removed from office by the Town Council for cause. Trustees shall be charged with the duties and responsibilities prescribed by State law or by ordinance of the Town Council.
[Ref. of 11-7-1995]
There shall be an Economic Development Commission which shall consist of seven (7) members appointed by the Town Council each to serve a three-year term with the terms so arranged that the terms of two (2) members will expire in one-year, the terms of two (2) members will expire the following year, and the terms of three (3) members will expire the third year. All vacancies on the Commission shall be filled by the Council for the balance of the unexpired terms. No member of the Development Commission shall vote on any matter in which he or she has a business or personal interest. The Commission shall have power to promote and encourage the location and development of new business in the Town as well as the maintenance and expansion of existing business and for the purpose shall cooperate with State and with other local agencies and individuals, whether in the Town of Cumberland or in other municipalities.
There shall be a Conservation Commission which shall consist of seven (7) members appointed by the Town Council each for a term of three (3) years except that all vacancies shall be filled for the balance of unexpired terms, such appointments to be made by the Town Council. The Conservation Commission shall make recommendations to the Town Council for the preservation of the natural resources of the Town with respect to future development.
There shall be a Housing Authority in the Town of Cumberland consisting of five (5) members appointed by the Town Council to serve five (5) year terms, except that all vacancies shall be filled for the balance of unexpired terms, such appointments to be made by the Town Council. The Authority shall have the powers necessary to carry out and effectuate the purposes and provisions of the laws of the State.
There shall be a Historic [District] Commission in the Town of Cumberland consisting of seven (7) Town residents who shall be appointed by the President of the Town Council to serve three (3) year terms, except that all vacancies shall be filled for the balance of unexpired terms, in like manner. The Authority shall have the powers necessary to carry out and effectuate the purposes and provisions of the laws of the State.
There shall be a Retirement [Pension] Board for the Town of Cumberland consisting of three (3) members, who shall be qualified electors of said Town and who shall not be members of the retirement system. The members of said Board shall be appointed by the Town Council for three (3) year terms, the appointments so arranged that one (1) member shall be appointed each year, and the term of one (1) member [shall] expire each year. Vacancies shall be filled by the Council for the unexpired term. The Board shall continue to administer the pension system in effect at the time of the adoption of this Charter, under the legislation pertaining to such system then in force, and under such subsequent provisions for the governance and operation of said system as may from time to time be adopted in the future.
There shall be other officers of the Town as the Town Council may determine.