The Planning Board is empowered by Ordinance 12/21/95 of the Town of Little Compton, adopted December 21, 1995, to adopt, modify and amend these regulations and rules governing land development and subdivision projects within Little Compton and to control land development and subdivision projects pursuant to these regulations and rules.
The Planning Board shall consider any amendments to these Regulations. Provisions of these Regulations and appendices shall be set forth in text and may incorporate maps, and other technical and graphic material. These Regulations, and all the amendments thereto, shall be consistent with all provisions of the Rhode Island Development Review Act of 1992 (Chapter 23 of Title 45 of the General Laws of Rhode Island, as amended) as well as the Little Compton Comprehensive Plan and the Zoning Ordinance.
Other than for proposals originated by the Planning Board, the Administrative Officer shall be the officer to receive a proposal for amendment to these Regulations. Upon receipt of such proposal, the Administrative Officer shall refer such proposal to the Planning Board for study.
In addition to the notice and hearing requirements set forth in § 9.3, no local regulations shall be adopted, repealed, or amended until after such proposal has been referred to the Town Council. The Town Council shall report to the Planning Board within forty-five (45) days after receipt of the proposal, giving its findings and recommendations, which shall be advisory to the Planning Board.
No local regulations shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Planning Board. At this hearing opportunity shall be given to all person interested to be heard upon the matter of the proposed regulations. The proposal 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. However, any such alteration or amendment must be presented for comment in the course of said hearing.
The Planning Board shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, but shall not include the day of the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles.
All notices, whether newspaper, posted, or mailed, shall:
a. 
Specify the place of said hearing and the date and time of its commencement;
b. 
Indicate that adoption, amendment or repeal of local regulations is under consideration;
c. 
Contain a statement of the proposed amendments to the regulations that may be printed once in its entirety, or may summarize or describe the matter under consideration;
d. 
Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
e. 
State that the 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. Any such alteration or amendment must be presented for comment in the course of said hearing.
Notice of the public hearing, which may be a copy of the newspaper notice, shall also be sent, at least two (2) weeks prior to the hearing, by first class mail to:[1]
a. 
The city or town Planning Board of any municipality where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within two thousand feet (2,000') of the Town's boundaries.
b. 
The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source located within either the municipality or two thousand feet (2,000') of the municipal boundaries, provided, however, that a map survey has been filed with the building inspector as specified in R.I.G.L. § 45-24-53(E).
[1]
Editor's Note: Former Subsection A, naming the Associate Director of the Division of Planning of the Rhode Island Department of Administration as a recipient of the notice, was repealed 9-5-2019. Former Subsections b and c were redesignated as Subsections a and b.
No defect in the form of any notice under this section shall render any regulations invalid, unless such defect is found to be intentional or misleading.
An appeal of an enactment of or an amendment to these Regulations may be taken to the Superior Court for Newport County by filing a complaint, as set forth herein, within thirty (30) days after such enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the Town or by any association of residents or landowners of the Town. The appeal shall not stay the enforcement of these Regulations, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal. Pursuant to R.I.G.L. 45-23-73, the court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.
The complaint shall set forth with specificity the area in which the enactment or amendment is not consistent with the Comprehensive Planning Act, R.I.G.L. 45-22.2-1 et seq.; the Zoning Enabling Act of 1991, R.I.G.L. 45-24-27 et seq., the Little Compton Comprehensive Plan; or the Little Compton Zoning Ordinance.
The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, the Zoning Enabling Act of 1991, the Comprehensive Plan, or the Zoning Ordinance. If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of such enactment or amendment which are not consistent. The court shall not revise the local regulations to be consistent, but may suggest appropriate language as part of the court decision.
The court may in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including a municipality.
If any provision of these Regulations or of any rule, decision 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 the Regulation, rule, decision, 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 these Regulations.
These Regulations shall be effective upon passage, as of December 27, 1995.