Local administration of these Regulations shall be under the
direction of the Administrative Officer, who shall report to the Board.
The Administrative Officer shall be elected annually by the
Planning Board from its membership at the organized meeting of the
Board each February. The Administrative Officer may, but need not,
hold other office of the Board, including Chair or Secretary of the
Board. The Administrative Officer shall have at least one of the following
qualifications: (a) be a licensed engineer, (b) have a bachelor's
or master's degree in planning, (c) be a licensed attorney, or (d)
have been a member of the Board for at least two years. The Administrative
Officer shall be required to attend any training for administrative
officers provided by or sponsored by the Rhode Island Department of
Administration, Division of Planning.
If the Administrative Officer is temporarily unable to perform
his or her duties, the Chair of the Board may appoint an Acting Administrative
Officer for up to thirty (30) days at a time, provided that such appointment
shall be in writing and a copy thereof delivered to the Town Clerk
and posted in Town Hall. In the event that the Administrative Officer
is permanently unable to perform his or her functions, then the Board
shall select a new Administrative Officer to serve for the remainder
of the term.
The Administrative Officer shall be responsible for coordinating
reviews of proposed land development projects and subdivisions with
adjacent municipalities as is necessary to be consistent with applicable
federal, state and local laws and as directed by the Board.
Enforcement of these Regulations shall be under the direction
of the Administrative Officer. The officer shall be responsible for
coordinating the enforcement efforts of the Zoning Enforcement Officer,
the Building Official, and other local officials responsible for the
enforcement or carrying out of discrete elements of the regulations.
With the approval of the Board, and within the funds allotted
to the Board, the Administrative Officer may hire such professional
technical assistance as is necessary to carry out the duties of his
or her office. Such technical assistance may include, but is not limited
to, the hiring of an engineer, land surveyor, biologist or hydrologist.
The Administrative Officer shall advise the applicant as to
which approvals are required and the appropriate board for hearing
an application for a land development or subdivision project.
An application shall be complete for purposes of commencing
the applicable time period for action when so certified by the Administrative
Officer. In the event such certification of the application is not
made within the time specified in this chapter for the type of plan,
the application shall be deemed complete for purposes of commencing
the review period unless the application lacks information required
for such applications as specified in the local regulations and the
Administrative Officer has notified the applicant, in writing, of
the deficiencies in the application.
Notwithstanding Subsection 7.2.2 above, the Board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the Administrative Officer prior to certification, as it necessary to make an informed decision.
Where the review is postponed with the consent of the applicant,
pending further information or revision of information, the time period
for review shall be stayed and shall resume when the Board determines
that the required application information is complete.
One or more pre-application meetings shall be held for all major
subdivision applications. Pre-application meetings may be held for
administrative and minor applications, upon request of either the
Town or the applicant.
Pre-application meetings shall allow the applicant to meet with
appropriate officials, boards and/or commissions, staff, and, where
appropriate, state agencies, for advice as to the required steps in
the approvals process, the pertinent local plans, ordinances, regulations,
rules and procedures and standards which may bear upon the proposed
development project.
At the pre-application stage the applicant may request the Board
or the technical review committee for an informal concept plan review
for a development. The purpose of the concept plan review is also
to provide Board Committee input in the formative stages of major
subdivision concept design.
Applicants seeking a pre-application meeting or an informal
concept review shall submit materials in advance of the meeting (s)
as requested by municipal officials.
Pre-application meetings shall aim to encourage information
sharing and discussion of project concepts among the participants.
Pre-application discussions are intended for the guidance of the applicant
and shall not be considered approval of a project or its elements.
There shall not be a Technical Review Committee. All reviews
under these Regulations shall be conducted either by the Administrative
Office or the Board, as set forth herein.
The following fees shall be paid by applicant for the following
reviews:
The applicant shall be required to pay a fee at the time of
application, for all subdivisions and development projects, to cover
the cost of mailing, advertising and recording of meetings. Such fees
shall be reviewed annually by the Board and revised as appropriate.
The fees are as follows:
The applicant will also be required to reimburse the Planning
Board for the cost of review and inspection by any engineer(s) retained
by the Planning Board for such purpose. Such cost shall be estimated
by the engineer at each stage of review, and shall be paid in advance
to the Board by the applicant in order for that stage of application
to be certified complete. Such estimate shall not be exceeded without
the consent of the Board, which shall first notify the applicant and
extend an opportunity to object. The total fee shall be paid by the
applicant before proceeding to the next stage of approval.
As set forth herein, the Board shall have the power to require
various information and studies from an applicant, provided that the
proper findings of fact have been made. Such items include, but are
not limited to: an environmental impact study, a market analysis,
a traffic study, a soils analysis or a drainage study. Any such item,
whether conducted by the applicant or by the Board, shall be paid
for by the applicant, provided that the Board shall first notify the
applicant and extend an opportunity to object. The total fee shall
be paid by the applicant before proceeding to the next stage of approval.
The failure to comply with these Regulations or any of the terms
or conditions of an approval (whether Master Plan, Preliminary or
Final) issued by the Board, shall be a violation of these Regulations.
The violation of any terms or conditions of any action imposed by
the Board or of any other agency charged in these Regulations with
enforcement of any of the provisions shall also be a violation of
these Regulations. Violation of the regulations shall also include
any action related to the transfer or sale of land in unapproved subdivisions.
Any owner, or agent 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 the subdivision before the plat has been approved by the
Board and recorded in the municipal land evidence records, shall be
in violation of the local regulations and subject to the penalties
described below.
The Administrative Officer shall be empowered to levy a fine
for any violation as defined herein. The Administrative Officer shall
ordinarily issue a notice of violation and order the violator to correct
the violation within a reasonable time, with such time to be indicated
on the notice. However, in cases of willful violation or danger to
public health, safety or welfare, the Administrative Officer may levy
a fine immediately. The penalty for violation shall reasonably relate
to the seriousness of the offense, and shall not exceed five hundred
dollars ($500) for each violation, and each day of existence of any
violation shall be deemed to be a separate offense. Any such fine
shall inure to the municipality. Any fine may be appealed to the appropriate
division of the Rhode Island District Court.
The Town, through its solicitor, may also cause suit to be brought
in the Supreme Court or Superior Court, in the name of the municipality,
to restrain the violation of, or to compel compliance with, the provisions
of these Regulations. The Town may consolidate an action for injunctive
relief and/or fines under these Regulations or other local ordinance
in the Superior Court for Newport County.
