AN ACT Providing for the Management and Control of Public
Beaches and Commons in the Town of Little Compton. (H 839 Approved
April 20, 1939.)
It is enacted by the General Assembly as follows:
Section 1. The town of Little Compton is hereby
authorized and empowered to manage, regulate and control all public
beaches and commons situated in said town, the word "beaches" being
used in this act to include the shores of said public beaches between
high and low water markers.
Sec. 2. The care, management and control of said
public beaches and commons shall be vested in a commission of not
less than five nor more than seven members, as the duly qualified
electors of the said town shall from time to time by their vote determine;
provided, however, that the members of any such commission shall be
duly qualified electors of said town; and provided, further, that
the members of said commission shall first be selected at the annual
financial town meeting in the year 1940. Until the members of said
public commission have been elected and have duly qualified for office,
the care, management and control of said beaches and commons and all
other powers and authority herein granted to said commission shall
be vested in the committee heretofore selected by the electors of
the said town to take charge of all matters pertaining to the beach
in said town known as the South shore, which committee is known in
said town as the committee on the South shore.
Sec. 3. The said commission, or until its selection,
the said committee on the South shore, is hereby authorized and empowered
to make suitable provisions for the care, management, maintenance,
protection and improvement of said beaches and commons, and for the
proper policing of the same; to cause to be erected such bathhouses,
fences and other buildings and structures as it may deem necessary
or desirable for the convenience of the public and for the use and
enjoyment of said beaches and commons by the public in a proper manner
and under proper sanitary conditions.
Sec. 4. The town council of the said town is hereby
authorized and empowered to enact such ordinances as it may deem necessary
for the regulation of said public beaches and commons and in aid of
the management, maintenance and improvement of the same, and for the
regulation of any and all travel by the public to, from, on or over
the highways, or other public ways, passing over or across said public
beaches and commons; and to prescribe penalties for the violation
of such ordinances as may be enacted.
Sec. 5. The said commission, or the said committee
on the South shore, as the case may be, is authorized and empowered,
for the purpose of defraying the costs of maintenance and operation
of the said public beaches or commons, to charge reasonable fees for
admission to any of said beaches or commons, or any part or parts
thereof, for the use of bathing-houses or other buildings and structures
that may be located upon said beaches or commons, or upon any land
owned by the town in the vicinity of the same, and for the privilege
of parking motor vehicles upon said public beaches or commons, or
upon any land owned by the town in the vicinity of the same, or upon
any highway adjacent or leading to, over or across the same; provided,
however, that said commission, or the said committee on the South
shore, may exempt inhabitants of said town from the payment of any
or all of said fees.
Sec. 6. Said commission, or said committee on the
South shore, as the case may be, shall direct the expenditure of all
moneys appropriated by said town for carrying out the aforesaid provisions;
shall cause to be kept proper accounts of all income received and
all expenditures made in accordance with this act; shall transfer
and pay over to the town treasurer of the town of Little Compton all
such income received; and shall certify all accounts payable, incurred
hereunder, to said town treasurer for payment when approved.
Sec. 7. No rights of the inhabitants of said town,
as such inhabitants, in or pertaining to any of said public beaches
or commons shall be destroyed or substantially impaired by this act
or by any action of said town council hereunder, though the exercise
of any such rights may be regulated or reasonably restricted under
this act so as to secure the most equitable enjoyment of such rights
by said inhabitants and to protect such public beaches and commons
from damage.
Sec. 8. This act shall take effect upon its passage.
AN ACT Authorizing the Town of Little Compton to Establish
a Permanent Police Force. (H 1727 Effective May 26, 1959.)
It is enacted by the General Assembly as follows:
Section 1. The town council of the town of Little
Compton may appoint at any regular meeting as a permanent police force,
such police officers, including a chief of police, for service in
said town, as by ordinance the said town council may from time to
time determine, which said officers shall hold their respective offices
until vacated by death, resignation, or retirement, except as hereinafter
provided; but said town council may increase or diminish the number
of such police officers whenever and as often as the electors of the
town of Little Compton qualified to vote on any proposition to impose
a tax or for the expenditure of money shall, at an annual or special
financial town meeting, vote that the number of said police officers
shall be increased or diminished and shall appropriate the necessary
funds therefor; and the town council, or the president of the town
council, may at any time suspend any such officer until the next regular
meeting of said council, at which meeting said president shall report
any and all suspensions, with the reasons therefor, and the said council
may continue such suspension until the next regular meeting following;
provided, however, that any police officer so appointed, including
the chief of police, shall be subject to reduction or to removal from
office by said council, at any regular meeting thereof, for misconduct,
incapacity, neglect of duty or insubordination of such character as
the said council may deem a disqualification for said office; and
all such reductions or removals shall be by said council upon charges
in writing, if requested by such officer, and of which the officer
complained of shall have notice and opportunity at a time appointed
by said council to be heard thereon; and provided further, that nothing
in this act shall be construed to apply to any police officer or constable
other than the members of the permanent police force of said town.
Said town council may also appoint other police officers for occasional
service and for limited terms of less than one year.
Sec. 2. Upon the appointment and qualification
of the members of a permanent police force in accordance with the
provisions of this act, the term of office of the police force theretofore
holding office in said town shall terminate.
Sec. 3. The chief of police, other police officers
of the permanent police force, and police officers appointed for occasional
service and for limited terms shall have the power and authority conferred
by law upon police constables, but shall not be required to give bond,
nor shall they be authorized to serve process in civil actions; and
every such officer, in the due execution of his office, may command
all necessary aid and assistance in the execution of said office and
every person who, when so requested, shall refuse or neglect to give
such aid and assistance shall be fined not exceeding twenty dollars
($20).
Sec. 4. There shall be submitted to the qualified
electors of the town of Little Compton, at any regular or special
town election to be held hereafter in said town, the following question
for their approval or rejection:
"Shall the act passed by the general assembly at its January
A. D. session, 1959, entitled 'An act authorizing the town of
Little Compton to establish a permanent police force,' be adopted?"
Sec. 5. The secretary of state and the board of elections shall prepare special ballot-labels upon the voting machines for the purpose of submitting such question to the electors and the votes cast upon such question shall be counted in the same manner as other votes are counted and the count of such vote shall be certified as provided by sections 17-5-1 to 17-5-4 inclusive, in the general laws as amended by Chapter 18 of the public laws, 1958.
Sec. 6. Sections 4 and 5 of this act shall take
effect upon their passage and the remainder of the act shall take
effect if and when a majority of the electors voting upon said question
shall vote to adopt the act authorizing the town of Little Compton
to establish a permanent police force.
AN ACT Authorizing the Town of Little Compton to Establish
a Permanent Police Force and Amending Chapter 167 of the Public Laws,
1959. (S 599 Effective May 5, 1960.)
It is enacted by the General Assembly as follows:
Section 1. Section 4 of chapter 167 of the public
laws, 1959, entitled "An act authorizing the town of Little Compton
to establish a permanent police force," is hereby amended to read
as follows:
"Sec. 4. There shall be submitted to the qualified electors
of the town of Little Compton, at any regular or special town election
to be held hereafter in said town, the following question for their
approval or rejection:
'Shall the act passed by the general assembly at its January
A. D. session, 1959, entitled "An act authorizing a permanent police
force," be adopted?"
The town council of the town of Little Compton is hereby authorized
to call a special town election to carry out the provisions of this
act, notice of the said special election to be the same required for
special town meetings."
Sec. 2. This act shall take effect upon its passage
and all acts and parts of acts inconsistent herewith are hereby repealed.
AN ACT Authorizing the Town Council of the Town of Little
Compton to License and Regulate the Location and use of Trailer Parks
in said Town, and also to Regulate the use and Location of House Trailers
and Mobile Homes. (S 133 Approved Feb. 5, 1960.)
It is enacted by the General Assembly as follows:
Section 1. The town council of the town of Little
Compton, is hereby empowered to license and regulate the location
and use of trailer parks in said town, and said town council is also
hereby empowered to regulate the use and location of house trailers
and mobile homes, when stationary, within said town, which are being
used for dwellings, permanent or temporary.
Sec. 2. This act shall take effect upon its passage
and all acts and parts of acts inconsistent herewith are hereby repealed.
AN ACT Providing for a Budget Committee in the Town of
Little Compton. (S 622 Approved April 27, 1965.)
It is enacted by the General Assembly as follows:
Section 1. The electors of the town of Little Compton
qualified to vote upon a proposition to impose a tax and for the expenditure
of money shall annually in annual financial town meeting, legally
assembled, in said town of Little Compton, elect a budget committee
consisting of five of such qualified electors; members of the town
council and members of the school committee of said town shall be
ineligible to be elected or serve as members of said committee; and
in case of failure to so elect such budget committee, the town council
of said town shall act as the budget committee.
Sec. 2. Said budget committee shall hold public meetings from time to time to receive recommendations for town appropriations, and shall hold at least one public hearing not more than twenty days and not less than ten days prior to the annual financial town meeting of said town. (Amended January Session, 1979 — Chapter 9, effective March 12, 1979.)
Sec. 3. The budget committee when elected shall
be sworn to the faithful performance of their duties in the same manner
as other town officers, shall choose one of their number as a chairman
and one of their number as a clerk, and shall keep records of their
meetings and proceedings.
Sec. 4. The town officers of said town and the
heads of the several departments thereof shall submit to the town
clerk on or before the fifteenth day of February in each year their
estimates of such sums as may be required in connection with the several
departments of said town, and all persons proposing to introduce any
resolution for the appropriation of money at the financial town meeting
shall file in the office of the town clerk on or before the first
day of March in each year for the use of said committee, the form
of resolution for the appropriation of money intended to be presented
to the said financial town meeting, in order that the electors of
said town qualified to vote at such financial town meeting may be
appraised thereof.
Sec. 5. At least ten days prior to the date of
any such annual financial town meeting of said town said budget committee
shall file with said town clerk a schedule or list of appropriations
recommended by said committee for passage at such annual financial
town meeting, and shall also together with such list of recommended
appropriations file with said town clerk a list or schedule of requests
for appropriations submitted for the consideration of the said budget
committee and which were disapproved or not considered by said budget
committee.
Sec. 6. All vacancies occurring in said committee
shall be filled by the town council.
Sec. 7. Said budget committee shall have power
to demand any and all books, records, and correspondence relative
to the expenditure of town monies in the custody of any department
of the town which in its opinion are necessary to properly prepare
a budget for the expenditure of town funds.
Sec. 8. This act shall take effect upon its passage.
AN ACT Authorizing the Town of Little Compton to Establish
and maintain a Pension Plan for Town Employees and Elected Officials. (H 2521 Approved June 11, 1971.)
It is enacted by the General Assembly as follows:
Section 1. The town council of the town of Little
Compton subject to the approval of the financial town meeting at any
regular or special meeting, is authorized to enact an ordinance or
ordinances to establish and maintain a pension plan for town employees
and elected officials and/or to contract therefor with any insurance
company authorized to do business in the state of Rhode Island. Such
ordinance or ordinances may define the employees and elected officials
eligible to participate in such plan; the contributions to such plan,
if any, to be made by such employees and elected officials and to
be appropriated by the town; the amount and nature of the benefits
payable to such employees and officials and/or their beneficiaries;
the carrying and other charges for establishing and maintaining such
pension plan; and in all other respects to do any act or thing necessary
to properly establish and maintain a pension plan.
Sec. 2. At the annual financial town meeting of
the town of Little Compton to be held next after the passage of this
act or at any special town meeting there shall be submitted to the
electors of said town qualified to vote on any proposition for the
imposition of a tax or for the expenditure of money for their approval
or rejection the following proposition:
"Shall the action of the general assembly by an act passed at
the January session, A. D. 1971, entitled An act authorizing the town
of Little Compton to establish and maintain a pension plan for town
employees and elected officials', be approved?" The town clerk
shall forthwith certify to the secretary of state the results of the
vote on the question so submitted.
Sec. 3. This section and section 2 of this act
shall take effect upon the passage of this act and section 1 shall
take effect when and if the majority of the qualified electors of
the town of Little Compton voting upon the proposition contained in
section 2 hereof shall have voted their approval thereof, and thereupon
all acts and parts of acts inconsistent herewith shall stand repealed.
AN ACT Enabling the Town of Little Compton to Control
Dual Office Holding by Members of the Town Council. (73-S 655
Approved May 8, 1973.)
It is enacted by the General Assembly as follows:
Section 1. For the purpose of avoiding conflicts
of interest and making more efficient the performance of duties by
town employees, the town council of the town of Little Compton shall
have power by ordinance in accordance with the provisions of this
act to eliminate dual office holding by members of the town council.
Sec. 2. Such ordinances may provide that a member
of the council shall hold no other paid public office or employment
in the service of the town or of the state or federal government except
that of notary public, justice of the peace, volunteer fireman, or
member of the national guard or naval, air or military reserve and
that no member of the council shall be eligible to hold any other
paid local town office during his tenure on the council or for a period
of one year thereafter.
Sec. 3. This act shall take effect upon its passage.
AN ACT Authorizing the Town of Little Compton to Enact
Ordinances Regulating, Controlling and Licensing Earth Removal. (73-S 936 Approved May 11, 1973.)
It is enacted by the General Assembly as follows:
Section 1. For the purposes of promoting health,
safety or general welfare and in order to effect uniform regulation
within the town of Little Compton for earth removal as hereinafter
defined, the town of Little Compton shall have the power in accordance
with the provisions of this act to provide by ordinance for the regulation,
control and licensing of earth removal as hereinafter defined, such
power to be restricted and exercised in accordance with sections 2
through 16 of this act.
Sec. 2. As used in this act:
"Earth removal" shall mean the extraction or removal of any
sand, gravel, loam, topsoil, stone, clay or shale, from deposits on
any tract of land, excluding, however, extracting, removing, digging,
mining or quarrying limestone, limerock, or granite and excluding
operations of a sand and gravel plant in operation upon the passage
of this act and the immediately surrounding twenty (20) acres of industrial
zoned land upon which said sand and gravel plant is located and excluding
also earth removal involved in the process of grading land,
(a) For the construction of building for which a building permit
has been issued;
(b) For the construction of a roadway, or
(c) For a subdivision in accordance with a plat plan or plans
approved by or in accord with an ordinance of any city or town or
any duly authorized board of authority thereof.
"Zoning board of review" shall mean the zoning board of review
established by the town of Little Compton.
"Residential use" shall mean any zone in which no use save dwellings,
including multi-family dwellings, is permitted without first obtaining
a variance, exception or special exception from the zoning board of
review.
"Building inspector" shall mean that person charged by the town
of Little Compton with the issuance of building permits.
Sec. 3. An ordinance enacted pursuant to the authority
contained in this act may:
(a) set hours for earth removal as limited by subsection 4 (a)1;
(b) establish setback requirements as limited by subsection
4(a)2;
(c) require fencing as limited by subsection 4(a)3;
(d) regulate dust conditions as limited by subsection 4(a)4
and 4(b);
(e) regulate water conditions as limited by subsection 4(a)5;
(f) require plans for the rehabilitation of the tract of land
upon cessation of earth removal; and
(g) require a license for the initiation or lateral expansion
of earth removal in accordance with section 6.
Sec. 4. (a) With respect to earth removal operations
on any tract of land, said tract now or hereafter being in a residential
use area as herein defined or within fifty feet of such district such
ordinance;
(1) may limit the hours of earth removal operations, provided,
however, (i) that no such restrictions shall be imposed for the period
between 7:00 a.m. and 6:00 p.m., of any Monday, Tuesday, Wednesday,
Thursday, Friday or Saturday (except a legal holiday), and (ii) that
earth removal on Sunday and on any legal holiday or for hours prior
to 7:00 a.m. or after 6:00 p.m., may be authorized on special exception
issued by the building inspector;
(2) may prohibit the initiation or lateral expansion of earth
removal within a distance of the greater of 25 feet of the boundary
of the tract of land upon which earth removal is to be carried on
adjacent to residential use property or within 50 feet of any dwelling;
(3) may require the fencing of those portions of the boundary
of the tract of land upon which earth removal is being conducted adjacent
to developed residential property, such fencing to be five (5) feet
in height and effective to control access to the area in which such
earth removal is being conducted;
(4) may require that calcium chloride or oil be applied to non-hard
surfaced roads to be used for vehicular ingress or egress to the tract
of land, and to the regularly traveled roads within said tract of
land, on which earth removal is to be conducted; and
(5) may require that drainage be provided to prevent the permanent
collection and stagnation of surface or underground waters, and to
prevent the flooding and erosion of surrounding property.
(b) Within any district or area other than a residential use
district as herein defined such ordinance may require
(1) that calcium chloride or oil be applied to non-hard surfaced
roads to be used for vehicular ingress or egress to the tract of land
and to the regularly traveled roads within the said tract of land,
(2) that when earth removal ceases all slopes on said tract
shall remain at the natural angle of repose,
(3) that said tract will not permanently collect stagnant water,
and
(4) that said tract will not be subject to erosion by wind or
water.
Sec. 5. Except as otherwise provided herein, as
a condition precedent to the issuance of a license pursuant to section
6 hereof, any such ordinance shall require the submission to the building
inspector and his approval thereof:
(a) of a plan prepared by a registered engineer in compliance
with the provisions of said ordinance and setting forth the existing
contours of the tract of land, and based upon classifications of preliminary
samples of the material to be removed, (i) the final contours of the
tract of land upon completion of earth removal operations and (ii)
the type of ground cover to be planted or applied upon completion
of earth removal operations to effectively control wind and water
erosion; provided, however, if suitable fertile ground cover existing
at the beginning of earth removal, enough of said ground cover to
be held in reserve and reapplied for a minimum thickness of three
(3) inches.
(b) of an opinion by a registered engineer that upon completion
of earth removal operations all slopes on said tract as set forth
in the plan referred to in subparagraph (a) of this section, shall
remain at the natural angle of repose; and
(c) of a bond not to exceed one hundred ($100.00) dollars for
each acre of said tract of land to insure compliance with the requirements
of this section.
If the plan set forth in subparagraph 5(a) is not complied with,
the town of Little Compton is authorized and empowered to undertake
and complete such plan and the owner of said tract of land shall reimburse
the town of Little Compton for its necessary expenses in connection
therewith and the town of Little Compton shall have a lien on said
tract of land for such expenses.
Sec. 6. As a condition precedent to any earth removal
as herein defined such ordinance shall require a license to be issued
by the building inspector upon the submission of the documents required
by section 5 and his approval thereof and the payment of a license
fee of twenty-five ($25.00) dollars.
Sec. 7. Upon special application and after a showing
that the literal enforcement of the ordinance will work a hardship,
the zoning board of review may grant an exception to any terms of
said earth removal ordinance upon a finding that such exception will
not result in a substantial depreciation of surrounding property.
Sec. 8. Appeals from the decisions of the building
inspector to the zoning board of review shall be taken in the same
manner as other appeals to said zoning board and the procedure as
to notice and hearings shall be the same insofar as the same are consistent
herewith.
Sec. 9 Any such ordinance may also provide for
the revocation by the zoning board of review, after notice and hearing,
of any license issued under the authority of any such earth removal
ordinance for violations of any of the provisions of said ordinance.
Sec. 10. Any such ordinance may:
(a) provide for a penalty for the violation of any of its provisions
of a fine not exceeding one hundred ($100.00) dollars for each offense,
such fine to inure to the town of Little Compton, and also may
(b) provide that suit may be brought in the superior court in
the name of the town of Little Compton to restrain any violation of,
or compel compliance with, the provisions of such earth removal ordinance
or ordinances.
Sec. 11. Any such ordinance shall not apply to
earth removal being conducted on the date of its enactment on any
tract of land within the town of Little Compton until sixty (60) days
after the enactment of such ordinance and, further, any such ordinance
shall provide that upon submission to the building inspector of the
plan and all other material as required under sections 5 and 6 hereof,
except that no such plan need set forth existing contours for that
portion of any tract of land on which earth removal has been completed
on the effective date of such ordinance, the building inspector shall
forthwith issue a license for the continuance of earth removal on
any such tract of land.
Sec. 12. Any such ordinance shall provide that
real property acquired or leased prior to the effective date of this
act for the purpose of earth removal and held for such purpose on
the date of enactment of such ordinance shall be considered in use
for earth removal whether or not extracting has then actually commenced,
and a license for earth removal on such property shall be issued pursuant
to section 6 hereof upon compliance with the provisions of sections
5 and 6 hereof and subject to any ordinance enacted as provided in
section 15 hereof. In order for real property to qualify hereunder,
the following conditions shall be considered as conclusive evidence
that such real property was acquired or leased and held for the purpose
of later mineral extraction:
(a) such real property was acquired or leased prior to effective
date of this act;
(b) such real property was acquired or leased by an individual,
corporate or otherwise, engaged at the time of acquisition in the
business of mineral extraction;
(c) such real property, or the substantial portion of such property
has not been permanently developed, for any residential, commercial
(other than farm or agricultural) or industrial purpose;
(d) such real property contains mineral deposits of a demonstrable
economic value; and
(e) provided, however, that if the owner or lessee of any such
tract of land shall file in the office of the town clerk of the town
of Little Compton as the case may be, on or before December 31, 1973,
a statement setting forth his intention to engage in earth removal
on said tract of land describing said tract of land, then such tract
of land shall be deemed to qualify under this section, and as to any
tract of land for which such intention is not so filed then the provisions
of this section shall have no force and effect.
Sec. 13. If any provision of this act, or the application
thereof, is held invalid, the validity of the remainder of this act
shall not be affected thereby.
Sec. 14. If the town of Little Compton shall engage
in earth removal for municipal purposes it shall comply with the provisions
of the earth removal ordinance adopted pursuant to this act.
Sec. 15. This act shall not be deemed to limit
by implication or otherwise any ordinance enacted pursuant to the
authority of chapter 24 of title 45 of the general laws of 1956, as
amended.
Sec. 16. This act shall take effect on July 1,
1973.
AN ACT Enabling the Town Council of the Town of Little
Compton to Exempt Certain Property From Taxation. (74-S 2244
Effective without signature of governor. May 14, 1974.)
It is enacted by the General Assembly as follows:
Section 1. The town council of the town of Little
Compton may by ordinance exempt from taxation the real property situated
in said town and owned by the Sakonnet Preservation Association, Inc.
Sec. 2. This act shall take effect upon its passage.
AN ACT Relating to the Zoning Board of Review in Little
Compton. (77-S 1284 Effective without signature of governor.
May 11, 1977.)
It is enacted by the General Assembly as follows:
Section 1. Section 45-24-14 of the general laws
in chapter 45-24 entitled "Zoning ordinances" is hereby amended to
read as follows:
"45-24-14. COMPOSITION OF BOARD OF REVIEW — OPEN
HEARINGS. — 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 chairman, or in his absence, the acting chairman may administer
oaths and compel the attendance of witnesses. The mayor of any city
or the town council of any town shall have the right to name an auxiliary
or sixth member of said board of review of said city or town, as the
case may be, who shall sit as an active member when and if a member
of said board is unable to serve at any hearing, upon request of the
chairman of said board. All hearings of such board shall be open to
the public.
"Provided further, however, that the town council of the town
of Little Compton shall have the right to name two (2) additional
auxiliary members or seventh and eighth members of said board of review
of said town to sit as an active member when and if a member of said
board is unable to serve at any hearing, upon request of the chairman
of said board."
Sec. 2. This act shall take effect upon its passage.
AN ACT Changing the Fiscal Year of the Town of Little
Compton; Authorizing the Qualified Electors of the Town to Levy Taxes
Sufficient to Finance the Change in the Fiscal Year; Changing the
Date of the Annual Financial Town Meeting; and Amending Section 2
of Chapter 48 of the Public Laws, 1965, Entitled "An Act Providing
for a Budget Committee in the Town of Little Compton." (82-H7248
Introduced January 2, 1982.)
It is enacted by the General Assembly as follows:
Section 1. Notwithstanding any public law to the
contrary, the fiscal year of the town of Little Compton shall begin
on July 1 of each calendar year and end on June 30 of the following
calendar year, commencing July 1, 1983.
Sec. 2. The fiscal year of the town commencing
April 1, 1982, is hereby extended to run fifteen months to June 30,
1983.
Sec. 3. The electors of the town of Little Compton
qualified to vote upon any proposition to impose a tax, or for the
expenditure of money in said town, and assembling at the heretofore
regular annual financial town meeting on April 6, 1982, at seven o'clock
in the evening, or any adjournment thereof, are hereby authorized
to approve and make appropriations and to order the levy of taxes
to raise funds sufficient to meet the fifteen month budget for appropriations
made and for all such other financial transactions as may legally
come before said meeting, for the period April 1, 1982 through June
30, 1983, said period constituting one financial year for the purposes
of section 45-12-4 of the general laws of Rhode Island (1956) and
other applicable sections of chapter 45-12, and the tax so levied
shall be deemed an annual tax for the purposes of said sections.
Sec. 4. Said qualified electors are hereby authorized
also to order the collection of this said tax levy in five quarterly
payments.
Sec. 5. Section 1 of chapter 1834 of the public
laws of 1931, entitled "An Act Fixing the Time for the Holding of
a Financial Town Meeting and for the Election of Town Officers in
the Town of Little Compton," amended by chapter 2424 of the public
laws of 1950, is hereby further amended to read as follows:
"Section 1. The electors of the town of Little Compton, qualified
to vote on any proposition to impose a tax or for the expenditure
of money in said town, shall, on the third Tuesday in May, 1983, and
annually on the third Tuesday in May thereafter, assemble in town
meeting at seven o'clock in the evening for the purpose of hearing
official reports, ordering a tax or taxes, making appropriations and
transacting other business appertaining to the financial affairs of
said town. The place or location for holding such financial town meeting
shall be designated by the town council of the town of Little Compton
and shall be stated in the call and warrant for said meeting. Said
financial town meeting shall be warned and called and the list of
electors qualified to vote therein shall be made out and canvassed
in the same manner as provided by law with respect to elective town
meetings."
Sec. 6. Section 4 of chapter 48 of the public laws of 1965, entitled "An Act Providing for a Budget Committee in the Town of Little Compton," said act amended by chapter 8 of the public laws of 1979, is amended to read as follows:
"Sec. 4. The town officers of said town and the heads of the
several departments thereof shall submit to the town clerk on or before
the fifteenth day of March in each year their estimates of such sums
as may be required in connection with the several departments of said
town, and all persons proposing to introduce any resolution for the
appropriation of money at the financial town meeting shall file in
the office of the town clerk on or before the first day of April in
each year for the use of said committee, the form of resolution for
the appropriation of money intended to be presented to the said financial
town meeting, in order that the electors of said town qualified to
vote at such financial town meeting may be apprised thereof."
Sec. 7. This act shall take effect if approved
by the electors of the town of Little Compton, qualified to vote on
any proposition to impose a tax or for the expenditure of money in
said town at the meeting of said electors to be held at seven o'clock
in the evening of April 6, 1982, or any adjournment thereof. Notice
that said act shall be submitted to said electors for approval shall
be posted in the warrant for said April 6, 1982 meeting. The town
clerk shall, forthwith after said town meeting on said April 6, 1982
or adjournment thereof, notify the secretary of state of the result
of the vote upon the aforesaid question.
Sec. 8. All acts and parts of acts inconsistent
with the sections of this foregoing act are hereby repealed. All other
acts and parts of acts to which these said sections apply are affirmed.
AN ACT Exempting from Taxation the Real and Personal Property
of Little Compton Nursing Association to an Amount Not Exceeding $150,000. (83-H6165 Introduced March 18, 1983.)
It is enacted by the General Assembly as follows:
Section 1. The property, real and personal, held
for or by Little Compton Nursing Association, incorporated as a non-business
corporation, to an amount not exceeding one hundred fifty thousand
dollars ($150,000) shall at all times be exempt from all taxes so
long as said property shall be used for the purposes for which said
corporation was incorporated. Said exemption shall be effective for
the tax year ending December 31, 1983 and all subsequent years.
AN ACT Authorizing the Town of Little Compton to Enact
an Ordinance Licensing and Regulating Jukeboxes, Amusement Devices
and Electronic or Video Games. (83-H5328 Introduced February
1, 1983.)
It is enacted by the General Assembly as follows:
Section 1. License requirement. No
person shall keep a jukebox, mechanical amusement device or electronic
or video game as hereinafter defined, or any similar device of a similar
character in any saloon, shop or place of business of any nature within
the Town of Little Compton or keep any such device for public use
or profit within said town, without a license from the town council
of said town first having been obtained; the town council may, in
its discretion, grant or refuse to grant, licenses therefor, and the
licenses so granted shall continue for a term not exceeding one (1)
year.
Section 2. Definition of terms. As used in this
chapter, unless the context otherwise indicates the following definition
shall apply:
(a) The term "jukebox" shall mean any music vending machine,
contrivance or device which, upon the insertion of a coin, slug, token,
plate, disc, or key into any slot, crevice, or other opening, or by
the payment of any price, operates or may be operated, for the emission
of songs, music or similar amusement.
(b) The term "mechanical amusement device" shall mean any machine
which, upon the insertion of a coin, slug, token, plate, or disc,
or key into any slot, crevice, or other opening, or by the payment
of any price, may be operated by the public generally for use as a
game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, mechanical pool tables and all
games, operations, or transactions, similar thereto under whatever
name they may be described.
(c) The term "electronic and video games" shall mean any machine,
which, upon the insertion of a coin, token, plate, slug or disc, or
key into any slot, crevice, or other opening or by the payment of
any price, may be operated by the public generally for use as a game,
entertainment or amusement, whether or not registering a score. It
shall include such devices as marble machines, pinball machines, skill
ball, mechanical grab machines, mechanical pool tables and all games,
operations, or transactions, similar thereto under whatever name they
may be described.
(d) The term "person" as used herein shall mean any individual,
firm, corporation, or association.
Section 3. Contents of license application. The
application for the license shall contain the following information:
(a) Name and address of applicant, (shall be owner of the business
in which device is located), age, date and place of birth when applicable.
(b) Prior arrests, and convictions of applicant, if an individual,
or any stockholders, or officers, if the applicant be a corporation
or an association, including the names and addresses of all officers.
(c) Place where machine or device is to be displayed or operated
and the business conducted at that place.
(d) Description of machine to be covered by the license, mechanical
features, and serial number.
No license shall be issued to any individual unless he shall
be over eighteen (18) years of age and a citizen of the United States.
Section 4. Inspection. Application for a license
shall be made out in triplicate, one copy being referred to the chief
of police, another copy to the building official's office, the
third to remain on file in Town Clerk's office.
(a) The chief of police shall investigate the machine or device
sought to be licensed, the location wherein it is proposed to be operated,
and the applicant, and report to the council his findings.
The council shall not approve the issuance of a license for
any machine or device which would constitute a "gambling device,"
as defined by section 11-19-18 of the general laws of Rhode Island,
1956, or any other section or sections of said general laws.
(b) The electrical inspector shall inspect all wiring and connections
to the machine, determine if the same complies with the electrical
code of the town of Little Compton and the State of Rhode Island and
shall report to the council his findings.
(c) The licenses granted hereunder shall be displayed on each
machine and each and every machine shall be required to be so licensed.
Section 5. License fees. Every applicant, before
being granted a license, shall pay the following annual license fee
for the privilege of operating or maintaining for operation each jukebox,
mechanical amusement device, or electronic and video games as defined
in section 2 hereof.
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Jukeboxes
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$25.00 per machine
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Mechanical amusement devices
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$25.00 per machine
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Electronic and video games
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$300.00 per machine
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On the thirtieth (30th) day of November, next following of issue,
each license shall expire.
Section 6. Prohibitions and restrictions.
(a) No person shall permit the playing of jukeboxes between
the hours of 1:00 a.m. to 8:00 a.m., and at all other times shall
modulate the volume of music so not to cause nuisance.
(b) No person licensed by virtue of this chapter shall permit
any jukebox, mechanical amusement device or electronic and video game,
the use of which has been permitted under license granted to him,
to be used by any minor under the age of sixteen (16) years, and in
case of such use being permitted, the person holding such license
shall, thereupon, forfeit the same.
(c) No person licensed by virtue of this chapter shall have
or assemble more than two (2) electronic video games and two (2) mechanical
amusement devices in any one place of business or premises.
(d) No license fee shall be required of any charitable institution.
Section 7. Revocation of License. Every license
issued by the town of Little Compton is subject to revocation should
the licensee, directly or indirectly, permit the operation of any
jukebox, mechanical amusement device, or electronic or video game
contrary to the provisions of this act or any ordinance or amendment
thereto or the laws of the State of Rhode Island. Said license maybe
revoked by the council of the town of Little Compton after written
notice to the licensee, which shall specify the violations with which
the licensee is charged. The licensee may ask for a hearing on said
charge to be held not later than ten (10) days after notice has been
received by the licensee. At such hearing the licensee and/or his
attorney may present and submit evidence and witnesses in his defense.
Section 8. Penalty. Every person who shall own,
keep or use any jukebox, mechanical amusement device, electronic or
video games, or any device similar in character, without such license
first having been obtained, shall be fined not more than one hundred
($100.00) dollars nor less than fifty ($50.00) dollars or be imprisoned
not exceeding three (3) months for each such offense.
Section 9. Separability of provisions. Each separate
provision of this chapter shall be deemed independent of all the other
provisions herein, and it is further declared that if any provision
of the chapter be declared invalid, all other provisions thereof shall
remain valid and enforceable.
Section 10. This act shall take effect upon passage.
AN ACT Establishing the Little Compton Agricultural Conservancy
Trust. (85-S954 Introduced April 14, 1985.)
It is enacted by the General Assembly as follows:
Section 1. There is hereby established a Little
Compton Agricultural Conservancy Trust (hereinafter called Trust)
for the primary purpose of acquiring development rights to agricultural
property within the town. The Trust shall have as a secondary purpose
the acquisition of agricultural property, and/or other property, or
interest therein, to preserve open spaces, fresh and saltwater marshes,
estuaries and adjoining uplands, groundwater recharging areas, land
providing access to the ocean, land for bicycle paths and land for
future public recreational facilities and use.
Section 2. The Trust shall be administered by seven
(7) trustees, five (5) of whom shall be appointed by the town council
with at least one (1) being an active farmer. The trustees who are
first appointed shall be designated to serve for terms of one (1),
two (2), three (3), four (4), and five (5) years respectively. Thereafter
trustees shall be appointed as aforesaid for a term of office of five
(5) years, except that all vacancies occurring during a term shall
be filled for the unexpired term. In addition to the five (5) trustees
appointed by the town council, the current chairperson, or member
designee, of the Little Compton Conservation Commission and Little
Compton Planning Board shall also be trustees.
Trustees shall be resident electors of the town of Little Compton,
shall serve without compensation and shall hold office until their
successors have been appointed. No trustee may be an elected officer
or salaried employee of the town.
Section 3. The members of the Trust shall elect
a chairperson, vice-chairperson, and treasurer from amongst its members.
The trustees shall elect or appoint a secretary who need not be a
voting member of the Trust. The term of office of the office of the
chairperson, vice-chairperson, treasurer and secretary, unless otherwise
prescribed by the Little Compton town council, shall be for the calendar
year, or for that portion therefor remaining after each such officer
is designated or elected.
Section 4. The trustees may adopt reasonable rules
and regulations governing the conduct of Trust affairs, including
the acquisition and management of its holdings not inconsistent with
the provisions of this act. All rules and regulations of the Trust
are subject to the approval of the town council. Decisions of the
trustees shall be by majority vote of those present and voting, and
no business shall be transacted without four (4) members present.
The trustees shall keep accurate records of their meetings and actions
and shall file an annual report which shall be printed in the annual
town report. All meetings of the Trust shall be open to the public.
Section 5. The Trust shall have the authority to
acquire any real property from consenting land owner(s), situated
in Little Compton, or any interest therein, which it shall deem important
to preserve or maintain in an open or agricultural condition. With
the exception of property acquired for public recreation purposes,
such property shall be held by the Trust subject to the condition
that it shall be used for open space or agricultural use. The trustees
shall afford priority to the acquisition of development rights of
agricultural lands.
Section 6. The Trust shall also have power to:
a. Purchase, receive by gift, or otherwise acquire real property
and development rights, as defined in section 42-82-2 of the general
laws or any interest in real property consistent with purposes of
this Act;
b. Accept gifts, grants or loans of funds or services from any
source, public or private, and comply, subject to the provisions of
this Act, with any terms and conditions thereof;
c. Accept from State and/or Federal agencies, loans or grants
for use in carrying out its purposes and enter into agreements with
such agencies respecting any such loans or grants;
d. Employ counsel, auditors, engineers, appraisers, private
consultants, advisors, secretaries or other personnel needed to provide
necessary services;
e. Administer and manage land and interests in land held by
it in a manner which allows public use and/or enjoyment consistent
with the natural and scenic resources thereof;
f. Otherwise do all things necessary for the performance of
its duties, the fulfillment of its obligation and the conduct of its
business.
Section 7. The electors of the Town of Little Compton
are hereby authorized to levy an additional tax upon real property
transfers within said town in accordance with section 8 of this act.
Said tax shall be levied at the annual financial town meeting and
shall become effective on the first day of the next town fiscal year.
The tax, once adopted, shall remain in effect unless the electors,
when legally assembled, repeal said tax. The electors, when legally
assembled, may also amend the rate or rates of said tax and/or the
amount exempted from such tax. (2002-H8198, Approved May 20, 2003)
Section 8. The term "real property interest" as
used herein shall mean: any present or future legal equitable interest
in or to real property, and any beneficial interest therein, including
the interest of any beneficiary in a trust which holds any legal or
equitable interest in real property and the interest including stocks
and bonds of any corporation or limited liability corporation in real
property but shall not include any interest which is limited to any
or all of the following: the dominant estate in any easement or right-of-way;
the right to enforce any restriction; any estate at will or at sufferance,
and estate for years having a term of less than fifteen (15) years;
any reversionary right, condition, or right of entry for condition
broken; the interest of a mortgage or other secured party in any mortgage
or security agreement.
Whenever a tax is assessed by section 44-25-1 of the general
laws on the transfer of a real property interest situated in Little
Compton, there is hereby imposed, in addition to said tax, an additional
tax not to exceed the amount of five (5%) percent of that amount of
the total purchase price which exceeds three hundred thousand ($300,000.00)
dollars unless such rate or rates and/or exemption amount are amended
as provided for in section 7 of this act. Said exemption shall not
be less than three hundred thousand ($300,000.00) dollars. (Ord. 12/21/17)
As used herein, the total purchase price shall mean the aggregate
consideration received by a seller or sellers collectively for the
transfer of each recorded lot of real property, whether in a single
conveyance or in separate contemporaneous conveyances, which transfer
or transfers result in the conveyance of either: (i) the entire fee
interest, or (ii) a lesser fee interest in the real property including,
without limitation, conservation easements and development rights;
and only one, three hundred thousand ($300,000.00) dollar, (or other
greater amount if adopted by the electors) exemption shall be applied
to such transaction or transactions conveying the entire fee interest
regardless of the number of deeds or other instruments used to effectuate
the transfer or the number of buyers or sellers participating therein.
If something less than the entire fee interest is conveyed, then the
exemption shall be reduced proportionately. (Ord. 12/21/17)
The additional tax authorized by this section shall also be
imposed on the aggregate consideration provided in exchange for a
transfer of real property interests held in the name of or otherwise
owned by: (1) A corporation, where there is a transfer by the controlling
stockholders of their interest in the stock of the corporation; (2)
A limited liability corporation; (3) A trust; (4) A person or persons
or entities with a property interest of a term of years or lease of
property greater than fifteen (15) years; and (5) A partnership when
there is a change in composition of such partnership, either in one
transaction, or in a series of related transactions, which change
in composition results in a transfer of capital interest in excess
of fifty percent (50%) of the total capital interest within such partnership
or results in a transfer of the ownership rights to interests in excess
of fifty percent (50%) of the total profit interests within such partnership.
In the case of real property interest in real property which
is situated in both Little Compton and Tiverton, Rhode Island or Westport,
Massachusetts, the additional tax shall be imposed on that portion
of the purchase price, in relation to what the current assessed values,
as determined by the Little Compton tax assessors and their counterpart
in the abutting town, bear to the total sales price.
The payment of the additional tax hereby imposed shall be evidenced
by the affixing of documentary stamps, provided by the Little Compton
town clerk's office, to every original instrument presented for
recording in the same manner as set forth in section 44-25-3 of said
general laws. Said tax shall be the obligation of the buyer of real
property unless otherwise agreed to by the parties of the transfer.[1] (87-H 7044, Approved July 1, 1987; 99-S 0967, Approved
May 18, 1999; 2002-H 8198, Approved May 20, 2003; 2009-S 0756, Approved
July 16, 2009; 2009-H 6022, Approved July 16, 2009, Amended 12/21/17
as Approved May 17, 2016 - eff. July 1, 2016)
Section 9. All funds collected by virtue of said
assessment shall be deposited in a fund to be set up as a revolving
account by the treasurer of the Town of Little Compton. Additional
monies or other liquid assets received as voluntary contributions,
grants or loans shall be deposited into said account.
Section 10. If any of the provisions of this act
or if any rule, regulation or order thereunder or the application
of such provision to any person or circumstances shall be held invalid,
the remainder of this act and the application of this act or such
rule, regulation or order to any person or circumstances, other than
those as to which it is held invalid, shall not be affected thereby.
Section 11. This section shall take effect upon
passage of the act. The remainder of this act shall take effect upon
its approval by a majority of those voting to approve the act at an
annual financial town meeting of the Town of Little Compton.
The following is a certified vote of the Annual Financial Town
Meeting of May 20, 1986:
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Voted:
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To approve the establishment of the Little Compton Agricultural
Conservancy Trust to provide for the orderly preservation of agricultural
and other undeveloped land within the Town's boundaries.
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Voted:
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To approve a land transfer tax of two (2%) percent on the purchase
of all property within the Town which exceeds a purchase price of
seventy-five thousand ($75,000.00) dollars to carry out the purpose
of the aforesaid Trust.
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From the decision of the electors at the Annual Financial Town
Meeting on May 17, 2016:
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Approved:
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Pursuant to Sections 7 and 8 of Chapter 16 of the Rhode Island Public Laws of 1985, as amended ("An Act Establishing the Little Compton Agricultural Conservancy Trust"), to increase the current transfer-tax exemption on real property transfers from $150,000 to $300,000 of the total purchase price (thereby eliminating the current two-percent (2%) tax rate on that amount of the total purchase price between $150,000 and $225,000). The $300,000 exemption will take effect on July 1st, 2016. (Ord. 12/21/17)
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LITTLE COMPTON AGRICULTURAL CONSERVANCY TRUST
STANDING RULES AND REGULATIONS
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SECTION I.
NAME.
The name of the Trust shall be the Little Compton Agricultural
Conservancy Trust (hereinafter called Trust).
SECTION II.
MEETINGS.
[Ord. 12/21/17]
1.
The trustees shall regularly meet on at least a monthly basis.
Special meetings may be called by the chairperson at any time upon
notice to all other trustees and forty-eight (48) hours public notice.
2.
Meetings shall be conducted in accordance with "Robert's
Rules of Order."
3.
Agenda and Notice.
a.
The Secretary shall type and distribute the agenda to members
of the Trust and Town Council liaison.
b.
The general form and order of the agenda shall be determined
by the Trust from time to time.
c.
Any person wishing to bring matters before the Trust may request,
by written communication to the Trust, that matters be entered on
the agenda.
d.
The deadline for inclusion of matters on the agenda for a regular
monthly meeting shall be 4:00 p.m. on the Monday of the week preceding
the meeting. However, bills to be paid shall be presented no later
than 4:00 p.m. on the day of meeting.
e.
(Reserved)
f.
A matter may be submitted at a Trust meeting upon a majority
vote of all Trustees present, for discussion only.
g.
The Secretary shall prepare packets containing (i) the agenda
and (ii) pertinent documents arranged in the agenda's order by
4:00 p.m. on the Friday of the week before the Wednesday meeting.
SECTION III.
OFFICERS.
1.
Chairperson. The chairperson shall preside at all meetings.
The chairperson shall direct the Trust and shall in general supervise
and control all of its business and affairs. The chairperson may sign
deeds, contracts or other documents which the trustees have authorized
to be executed.
2.
Vice-Chairperson. The vice-chairperson shall, in the event of
the absence or disability of the chairperson, possess all of the powers
and perform all the duties of that office. The vice-chairperson shall
also perform such other duties as may be assigned by the chairperson.
3.
Secretary. The secretary shall see that all notices are given
in accordance with these rules and regulations and shall record the
minutes of meetings, to include providing a copy of said minutes to
the Little Compton Town Clerk for dissemination to the Town Council.
The secretary shall also prepare the written Annual Report.
4.
Treasurer. All monies received or collected shall be placed
in a fund set up and kept as a revolving account by the treasurer
of the Town of Little Compton. The treasurer of the Trust shall orally
present to the trustees a status report of said revolving account
at each regularly scheduled meeting.
5.
Administrative Matters.
(a)
The Trustees shall adopt and provide to the treasurer
for the Town of Little Compton a form entitled "Receipt For Land Transfer
Tax Paid", a copy of the first page being made as an appendix to the
rules and regulations, which shall be completed and submitted to the
Town Treasurer at the time of recording in all transfers of real property
involving monetary consideration.
See Attached Appendix.[2]
[2]
Editor's Note: The appendix referred to herein may be
found at the end of this Act.
(b)
The Trustees shall be reimbursed for all expenses
incurred in the performance of their official duties.
(c)
The Trustees shall have the right to incur administrative
and maintenance expenses as set forth in Section 6 of Public Law 85-16.
(Ord. 12/8/94; Ord. 5/4/95; Ord. 3/9/00; Ord. 7/25/13)
SECTION IV.
APPLICATION FOR SELECTION.
1.
Applications may be solicited from landowners on an annual basis,
or more frequently should conditions warrant. Application deadlines
shall be advertised at least twice in a public newspaper of general
circulation no more than sixty (60) days and at least thirty (30)
days prior to deadline. Application forms shall be available at the
Town Clerk's Office.
2.
The Trustees may actively solicit applications from property
owners who are willing to sell, but who have not filed applications,
provided that:
(a)
Acquisition of the property is consistent with
the purposes of the Trust as set forth in Section 1 of the Enabling
Act.
(b)
The property is subject to the same standards of
application, evaluation and negotiation as prescribed in Section V
and VI.
(c)
The property is ranked in relation to the other
applicants, as set forth in paragraphs 2 and 3 of Section V.
3.
Gifts may be accepted at any time. (Ord. 3/9/00)
SECTION V.
CRITERIA FOR EVALUATION.
1.
Initial review. Within sixty (60) days of the application deadline,
the trustees will review all completed applications. Site visits will
be arranged with the landowner on a day suitable to a majority of
the trustees.
2.
Rating. Each application shall receive, by vote, a numerical
value based upon a rating criteria developed by the trustees. These
rating criteria shall include, but not be limited to:
(a)
Agricultural significance;
(b)
Biological, ecological, and environmental significance;
(c)
Protection of drinking water and ground water recharging
areas;
(d)
Protection and preservation of open spaces, fresh
and salt water marshes, estuaries and adjoining uplands;
(e)
Land providing access to the ocean;
(f)
Land for bicycle paths and for future public recreational
facilities and use.
3.
Selection of applications for negotiation. In selecting applications
for negotiation, the trustees shall, by vote, consider the aforesaid
combined score as well as the type and intensity of farm activity,
perceived developmental pressure, urgency, price, title and access,
liability and management, geographic diversity and estimated cost
of development rights or other interests. All applications not so
initially selected may, with the landowner's permission, be carried
over to the following year(s) for re-evaluation. Written notification
of the trustees' decision shall be provided to all applicants.
(Ord. 3/9/00)
SECTION VI.
PURCHASE OF DEVELOPMENT RIGHTS, REAL PROPERTY
AND/OR OTHER INTERESTS.
1.
Negotiating committee. The chairperson shall appoint a negotiating
committee of not less than two (2) trustees to negotiate with each
applicant selected.
2.
Negotiations. The committee shall meet with the landowner(s)
or their authorized representative and attempt to negotiate an agreement
for the transfer of the development rights or other interests in the
land to the Trust. No agreement shall be entered into until an appraiser
commissioned by the Trustees has done an appraisal, including development
rights where applicable, of said property or interest therein. Said
appraiser shall be licensed by the State of Rhode Island. Any purchase
price agreed upon shall not exceed the appraised value. In entering
into an agreement, the Trust shall not obligate itself to spend more
than the amount of monies in its revolving account, plus any sums
to be received in gifts or grants. Any loan or other borrowing of
money by the Trustees from any source shall be subject to Financial
Town Meeting approval, and any State laws pertaining to the borrowing
by cities and towns within the State.
3.
Final approval of trustees. If the negotiating committee and
landowner(s) reach agreement, proposed transfer documents shall be
submitted to the balance of the trustees for approval by majority
vote. If said approval is received, the transfer shall be completed
in accordance with the terms of the agreement and appropriate transfer
documents shall be recorded in the Little Compton Land Evidence Reports.
4.
Expense Relating to the Acquisition of Development Rights, Real
Property and/or Other Interests. The Trustees shall have the right
to incur additional expenses, other than the purchase price, necessary
to acquire development rights, real property and/or other interests.
Such expenses shall not exceed the greater of twenty thousand ($20,000.00)
dollars or ten (10%) percent of the total purchase price, or, if a
gift, appraised value. (Ord. 12/8/94; Ord. 3/9/00)
SECTION VII.
STEWARDSHIP & MANAGEMENT.
1.
The Trust shall retain any real property interest relating to
land and water areas acquired in its natural, scenic or open condition,
in a manner consistent with the purposes of the Enabling Act and with
the purposes of any grant or devise by which land was acquired. The
Trustees shall administer and manage its land and interest.
2.
The Trustees may dedicate a reasonable amount of money from
the Land Trust Funds to implement management plans for each property.
3.
The Trustees shall monitor the Trust's property and interest
therein from time to time and at least yearly; to assure that it is
being managed in a manner consistent with the objectives of the Act,
with the purposes of any grant or devise by which the land was acquired.
4.
Signs and markers shall be of a design that is in keeping with
the property so marked and shall be used sparingly and in a reasonable
manner. Their placement shall be sensitive to the landscape, natural
features, scenic vistas and stonewalls.
5.
The Trustees shall maintain a catalogue of acquisitions for
the purposes of transferring knowledge of the Trust to succeeding
Trustees and future generations. The catalogue shall contain copies
of each deed and shall document and reference the history of the transactions.
Copies of available maps shall accompany the catalogue and be located
in the Town Hall.
6.
The Trust will make reasonable efforts to record and identify
boundaries of its real property interests through surveys, maps and
permanent markers as appropriate. A suitable copy of any such map
may be filed with the Land Evidence Records of the Town of Little
Compton. (Ord. 3/9/00)
SECTION VIII.
INSURANCE.
The Trustees will seek adequate insurance to protect the Trust,
its real property and interest therein from legal claims including
but not limited to Title Insurance, or general liability coverage.
The Trust will also seek adequate directors and officers liability
insurance to protect its Trustees from legal claims arising from the
performance of their responsibilities as Trustees of the Little Compton
Agricultural Conservancy Trust. (Ord. 3/9/00)
SECTION IX.
SPECIAL COMMITTEES.
Special committees of the Trust may be elected by the trustees
or appointed by the chairperson to carry out activities in furtherance
of the Trust purposes. (Ord. 3/9/00)
SECTION X.
AMENDMENTS.
These rules and regulations may be amended at any meeting of
the Trust by a two-thirds (2/3) vote of the trustees present and voting.
Any such amendments are subject to the approval of the Little Compton
Town Council. (Ord. 3/9/00)
[1]
Editor's Note: The amendment to this section was adopted
at the Financial Town Meeting of the Town of Little Compton on May
19, 2009.
AN ACT Changing the Date of the Annual Financial Town
Meeting, and Amending Section 2 of Chapter 48 of the Public Laws,
1965, Entitled "An Act Providing for a Budget Committee in the Town
of Little Compton". (91-H 5562 Approved February 15, 1991)
It is enacted by the General Assembly as follows:
Section 1. Section 1 of chapter 1834 of the public laws of 1931, entitled "An Act Fixing the Time for the Holding of a Financial Town Meeting and for the Election of Town Officers in the Town of Little Compton", amended by chapter 2424 of the public laws of 1950, and by chapter 5 of the public laws of 1982, is hereby further amended to read as follows:
"Section 1. The electors of the town of Little Compton, qualified
to vote on any proposition to impose a tax or for the expenditure
of money in said town, shall, on the third Saturday in May, 1991,
and annually on the third Saturday in May thereafter, assemble in
town meeting at one o'clock in the afternoon for the purpose
of hearing official reports, ordering a tax or taxes, making appropriations
and transacting other business appertaining to the financial affairs
of said town. The place or location for holding such financial town
meeting shall be designated by the town council of the town of Little
Compton and shall be stated in the call and warrant for said meeting.
Said financial town meeting shall be warned and called and the list
of electors qualified to vote therein shall be made out and canvassed
in the same manner as provided by law with respect to elective town
meetings."
Section 2. Section 4 of chapter 48 of the public laws of 1965, entitled, "An Act Providing for a Budget Committee in the Town of Little Compton," said act amended by chapter 8 of the public laws of 1979, and by chapter 5 of the public laws of 1982 is amended to read as follows:
"Section 4. The town officers of said town and the heads of
the several departments thereof shall submit to the town clerk on
or before the fifteenth day of March in each year their estimates
of such sums as may be required in connection with the several departments
of said towns, and all persons proposing to introduce any resolution
for the appropriation of money at the financial town meeting shall
file in the office of the town clerk on or before the fifteenth day
of March in each year for the use of said committee, the form of resolution
for the appropriation of money intended to be presented to the said
financial town meeting, in order that the electors of said town qualified
to vote at such financial town meeting may be apprised thereof."
Section 3. This act shall take effect upon passage.
Section 4. All acts and parts of acts inconsistent
with the sections of this foregoing act are hereby repealed. All other
acts and parts of acts to which these said sections apply are affirmed.
AN ACT Changing the Date of the Annual Financial Town
Meeting for the Town of Little Compton. (94-S-3136 Approved
April 11, 1994)
It is enacted by the General Assembly as follows:
Section 1. Section 1 of Chapter 1834 of the Public Laws of 1931 entitled "An Act Fixing the Time for the Holding of a Financial Town Meeting and for the Election of Town Officers in the Town of Little Compton," amended by Chapter 2424 of the Public Laws of 1950, and by Chapter 5 of the Public Laws of 1982, and further amended by Chapter 10 of the Public Laws of 1991, is hereby further amended as follows:
"Section 1. The electors of the town of Little Compton, qualified
to vote on any proposition to impose a tax or for the expenditure
of money in said town, shall, on any day within the third week of
May, 1994, and annually during the third week in each May thereafter,
assemble in town meeting for the purpose of hearing official reports,
ordering a tax or taxes, making appropriations and transacting other
business appertaining to the financial affairs of said town. The date,
time, place or location for holding such financial town meeting shall
be designated by the town council of the town of Little Compton not
later than April 1 of each year, and shall be stated in the call and
warrant for said meeting. Said financial town meeting shall be warned
and called and the list of electors qualified to vote therein shall
be made out and canvassed in the same manner as provided by law with
respect to elective town meetings."
Section 2. This act shall take effect upon passage.
AN ACT Relating to Towns and Cities - Zoning Ordinances (99-S-0908 Effective without signature of governor June 24, 1999)
It is enacted by the General Assembly as follows:
Section 1. Section 45-24-56 of the General Laws
in Chapter 45-24 entitled "Zoning Ordinances" is hereby amended to
read as follows:
45-24-56. Administration - Zoning board of review. - Establishment
and procedures. - (A) A zoning ordinance adopted pursuant to
this chapter shall provide for the creation of a zoning board of review
and for the appointment of members, including alternate members, and
for the organization of the board, as specified in the zoning ordinance,
or, in cities and towns with home rule or legislative charters, as
provided in the charter. A zoning ordinance may provide for remuneration
to the zoning board of review members and for reimbursement for expenses
incurred in the performance of official duties. A zoning board of
review may engage legal, technical, or clerical assistance to aid
in the discharge of its duties. The board shall establish written
rules of procedure, a mailing address to which appeals and correspondence
to the zoning board of review shall be sent, and an office where records
and decisions shall be filed.
(B) The zoning 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 appointments shall be made for terms of one, two
(2), three (3), four (4), and five (5) years, respectively. The zoning
board of review shall also include two (2) alternates to be designated
as the first and second alternate members, their terms to be set by
the ordinance, but not to exceed five (5) years. These alternate members
shall sit and may actively participate in hearings. The first alternate
shall vote if a member of the board is unable to serve at a hearing
and the second shall vote if two (2) members of the board are unable
to serve at a hearing. In the absence of the first alternate member,
the second alternate member shall serve in the position of the first
alternate. No member or alternate may vote on any matter before the
board unless they have attended all hearings concerning that matter.
Where not provided for in the city or town charter, the zoning ordinance
shall specify procedures for filling vacancies in unexpired terms
of zoning board members, and for removal of members for due cause.
(C) Notwithstanding the provisions of subsection (B) of this
section, the zoning board of review of the town of Jamestown shall
consist of five (5) members, each to hold office for the term of five
(5) years; provided, however, that the original appointments shall
be made for terms of one (1), two (2), three (3), four (4) and five
(5) years respectively. The zoning board of review of the town of
Jamestown shall also include three (3) alternates to be designated
as the first, second, and third alternate members, their terms to
be set by the ordinance, but not to exceed five (5) years. These alternate
members shall sit and may actively participate in hearings. The first
alternate shall vote if a member of the board is unable to serve at
a hearing; the second shall vote if two (2) members of the board are
unable to serve at a hearing; and the third shall vote if three (3)
members of the board are unable to serve at a hearing. In the absence
of the first alternate member, the second alternate member shall serve
in the position of the first alternate. No member or alternate may
vote on any matter before the board unless they have attended all
hearings concerning that matter. Where not provided for in the town
charter, the zoning ordinance shall specify procedures for filling
vacancies in unexpired terms of zoning board members, and for removal
of members for due cause.
(D) Members of zoning boards of review serving on the effective
date of adoption of a zoning ordinance under this chapter shall be
exempt from the provisions of this chapter respecting terms of originally
appointed members until the expiration of their current terms.
(E) The chairperson, or in his or her absence, the acting chairperson,
may administer oaths and compel the attendance of witnesses by the
issuance of subpoenas.
(F) Notwithstanding the provisions of subsection (B) of this
section, the Zoning Board of Review for the Town of Little Compton
shall consist of five (5) members, each to hold office for the term
of five (5) years. The Zoning Board of Review for the Town of Little
Compton shall also include three (3) alternates to be designated as
the first [1st], second [2nd] and third [3rd] alternate members, their
terms to be set by the ordinance, but not to exceed five (5) years.
These alternate members shall sit and may actively participate in
the hearings. The first alternate shall vote if a member of the board
is unable to serve at a hearing; the second shall vote if two (2)
members of the board are unable to serve at a hearing; and the third
shall vote if three (3) members of the board are unable to serve at
a hearing. In the absence of the first alternate member, the second
alternate member shall serve in the position of the first alternate.
No member or alternate may vote on any matter before the board unless
they have attended all hearings concerning that matter. Where not
provided for in the Town Charter, the zoning ordinance shall specify
procedures for filling vacancies in unexpired terms of zoning board
members, and for removal of members for due cause.
Section 2. This act shall take effect upon passage.
