A. 
Administrative Officer. The administration of these Regulations shall be under the direction of the Administrative Officer. The Administrative Officer shall report to the Planning Commission in accordance with R.I. General Laws Section 45-23-55 (a). The duties and responsibilities of the Administrative Officer shall include, but not be limited to:
1. 
Coordination of the review, approval, recording and enforcement provisions of these Regulations;
2. 
Coordination with other local boards and commissions, municipal staff and state agencies as appropriate; and
3. 
Chairperson of, and ex-officio membership on, the Technical Review Committee.
B. 
Technical Review Committee. There is hereby established a committee to be known as the Technical Review Committee (TRC). The purpose of the TRC is to conduct technical reviews of applications for subdivisions and land developments subject to the provisions of these Regulations, and to advise the Administrative Officer or the Planning Commission.
1. 
Membership. The Administrative Officer shall serve as chairperson of the TRC. The membership of the TRC shall be the following persons, or their designee, as follows:
a. 
Town Planner
b. 
Public Works Director
c. 
Town Engineer
d. 
Building/Zoning Official
e. 
Zoning/Code Enforcement Officer
f. 
Wastewater/Stormwater Manager
g. 
Fire Chief for the district in which the parcel is located
The membership shall also include two members of the Planning Commission, with two members and two alternates selected initially, and rotated every six months, with all members and alternates eligible to serve.
2. 
Meeting Protocol. Meetings of the TRC shall be considered public meetings subject to the requirements of Section 10.6. The quorum of the TRC shall consist of three (3) members. If the Town Planner or any other member identified above also serves as the Administrative Officer, that member shall serve in an ex-officio (non-voting) capacity on the TRC. Only one member of the Planning Commission may vote on any application.
3. 
Advisory Review. The TRC shall review and advise on subdivision and land development applications that are designated as projects subject to administrative review under the provisions of Chapter 45-23 of the General Laws of Rhode Island. These include, but may not be limited to:
a. 
Minor subdivisions of three to nine lots not involving a street creation or extension;
b. 
All minor land developments not subject to development plan review by the Town Planner under Article XII of the Charlestown Zoning Ordinance; and/or
c. 
Any application not requiring unified development review.
The TRC shall also review and advise on the master plan application for a major subdivision or land development per Section 9.1 B. and may also review and advise on other applications that would otherwise require a public meeting before the Planning Commission. The TRC review shall be advisory to either the Administrative Officer or to the Planning Commission, as appropriate.
4. 
Decisions. Recommendations of the TRC to the permitting authority shall be made in writing and kept as part of the permanent record of the application. The recommendation of the TRC shall be made following a vote of a majority of members present. When the TRC is advisory to the Administrative Officer, the decision shall be binding on the Administrative Officer.
A. 
Adoption. These Regulations and any subsequent amendment or repeal shall be adopted after a public hearing has been held by the Commission. The Commission shall give notice of the hearing by a display ad in a local newspaper at least once each week for three (3) successive weeks prior to the date of hearing, which may include the week the hearing is to be held. A copy of the notice shall be mailed by first class mail to planning boards of all abutting towns and any governing body of any state or municipal water department or agency as described in R.I. General Laws 45-23-53(E). A copy of the notice shall be mailed to the Associate Director of the Rhode Island Division of Planning two weeks prior to the date of the hearing. No defect in any form of any notice under this section shall render any regulations invalid, unless such defect is found to be intentional or misleading.
B. 
Notice Requirements. The newspaper notice shall be published as a display advertisement using a type size of the normal type size used by the newspaper in its articles and shall specify the following:
1. 
The place of the hearing;
2. 
The date of the hearing;
3. 
The time of the hearing;
4. 
Indicate that adoption, amendment, or repeal of the Planning Commission's Subdivision Regulations is proposed, and contain a statement summarizing the matter under consideration;
5. 
Advise where and when a copy of the matter under consideration may be reviewed and/or purchased, and;
6. 
State that 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.
C. 
Publication and Availability. Copies of these Regulations shall be available to the general public for a fee. The Administrative Officer shall set a fee for the staff time and expenses incurred for maintenance and reproduction. The Administrative Officer shall maintain these Regulations.
A. 
Public Works Director. The Public Works Director shall report to the Administrative Officer in writing his approval, modifications, or denial of applications filed. The Director shall make specific findings on such applications that are deficient to the design requirements of these Regulations and where possible, make recommendations for the adjustments thereof. The Planning Commission may request the attendance of the Director for review of an application.
B. 
Review by Town Officials. The applicant shall submit letters of review with comments from the appropriate fire district, police department and any other agencies as appropriate. If an official or agency fails to report, such failure shall be noted in the minutes of the public hearing for that application. The Commission reserves the right to refer any application to local boards and/or state or federal agencies for review.
A. 
Permits. Building permits shall not be issued for the construction of any structure within a subdivision unless a final plat of such is legally recorded in the Land Evidence Records of the Town. No building permits in subdivisions shall be issued unless all lots have frontage and access to an improved road that has been accepted by the Charlestown Town Council.
B. 
Improvements. Unless a plan of such subdivision has been approved as provided by these Regulations, no property or right-of-way shall be improved, relocated, or offered for dedication and conveyance to the Town, and no other public improvements shall be installed or constructed. Any person, who begins construction of any structure or improvement subject to these Regulations, without having first received the appropriate approval from the Administrative Officer or the Planning Commission, shall be in violation of these Regulations.
C. 
Violations. Violations shall include lack of compliance with any terms or conditions of any action imposed by the Planning Commission or the Administrative Officer. Any owner, or agents 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 a subdivision before such subdivision has been finally approved shall be in violation of these Regulations.
D. 
Penalties. The penalty for violations shall relate to the seriousness of the offense, a maximum of five hundred dollars ($500) for each violation, and each day of existence of any violation shall be deemed a separate offense. Any such fine shall inure to the Town of Charlestown.
E. 
Injunctive Relief. The Town Solicitor shall have the authority to bring suit in Washington County Superior Court to restrain the violation of, or compel compliance with, the provisions of these Regulations. Any action for injunctive relief may be consolidated with action seeking penalties for violations of these Regulations and to recover such costs of the injunction from the subdivider.
Records of the Planning Commission shall be kept by the Administrative Officer. Applications which have been submitted to the Commission for review will be available for review. All votes of the Commission shall be made part of the permanent record.
A. 
Notice Requirements.
1. 
TRC Public Meetings. When the TRC is reviewing applications which have been identified under § 45-23-38 or § 45-23-39 of the RI Land Development and Subdivision Review Enabling Act as qualifying for administrative review, the Administrative Officer shall send notice to all owners within two hundred (200) feet, or greater as determined by the Administrative Officer, by regular mail, and email if available. All public meetings shall also be made accessible on the home page of the Town of Charlestown website.
2. 
Public Hearings. Where a public hearing is required, the details of the notice requirements shall be sent to the applicant by the Administrative Officer.
a. 
Public notice of the hearing shall be submitted by the Administrative Officer for publication at least fourteen days prior to the date of the hearing in the local newspaper of the Town, and made accessible on the home page of the Town of Charlestown website. The applicant shall bear all costs of the advertising.
b. 
The applicant shall send notice by first class mail to each owner of property within two hundred (200) feet of the proposed project, excluding the area encompassed by public or private right-of-ways, not less than two (2) weeks prior to the date of the hearing. The Planning Commission reserves the right to extend the minimum area of notice if it deems a greater area of town will be impacted by the proposed project. The applicant shall submit a notarized affidavit of mailing of notice to abutters.
B. 
Notice Contents. The contents of the public notice and letters shall be as follows:
1. 
The applicant's name;
2. 
A description specifying the type of development proposed;
3. 
The time and place of the hearing;
4. 
A copy of the reduced 11" x 17" subdivision or site plan;
5. 
A statement that the proposed development may be revised by the Planning Commission as a result of further study or because of views expressed at the public hearing;
6. 
Advise where a full set of the proposed plans may be examined.
C. 
Property Notice. A notice that an application for development approval has been filed shall be additionally posted as a temporary sign on the property of the application by the applicant. The sign shall state the items identified in Subsection B above and a contact telephone number of the applicant. The Administrative Officer shall provide a sample sign. Such posting shall be for informational purposes, be visible from an abutting public right-of-way, and shall not constitute a substitute for the other notice requirements for a public hearing. The sign shall be posted not less than two (2) weeks prior to the date of the public hearing.
D. 
Adjacent Towns. At the applicant's expense, the Administrative Officer shall send notice to an abutting town if:
1. 
The notice area extends into the adjacent town;
2. 
The development site extends into the adjacent town; or
3. 
There is potential for significant impact on the adjacent town.
E. 
Watersheds. Notice of the public hearing shall be sent by the applicant for areas which fall within watersheds as required by R.I. General Law 45-23-53 b and c.
A. 
Zoning Relief Required. Where an applicant requires both Planning Commission approval and either a variance or a special use permit under the Charlestown Zoning Ordinance, the application shall be reviewed under unified development review pursuant to R.I. General Law Section 45-23-50.1 and Section 45-24-46.4
B. 
Zoning Amendment Required. Where an applicant requires both Planning Commission approval and Town Council approval for a zoning ordinance or zoning map amendment, the applicant shall first obtain an advisory on the zoning change/amendment, as well as conditional approval of the first phase of the project from the Planning Commission, then obtain approval of the zoning request from the Town Council, and then return to the Commission for subsequent required approvals.
A. 
Waivers and Modifications. The Planning Commission may grant such waivers and/or modifications from the requirements for approval and design standards as may be reasonable and consistent with the general purposes and intent of these Regulations upon written application from the applicant. The criteria for a waiver and/or modifications shall be, but not limited to:
1. 
The literal enforcement of one or more provisions of these Regulations is impractical because of particular site conditions of the land of the application; and
2. 
The waiver/modification is not based on economic consideration; and
3. 
The waiver/modification is in the public interest and not detrimental to the public health, safety and welfare; and
4. 
The waiver/modification will promote the best site layout and design and is an example of good planning practice; and
5. 
The waiver/modification is consistent with the adopted Comprehensive Plan and any subsequent amendments.
B. 
Reinstatements/Extensions. When the deadlines of these Regulations are exceeded, an application or approval is therefore rendered invalid. The application shall return to the conceptual review process with the Planning Commission. The Commission at this meeting shall review written evidence from the applicant as to why the time period for approval has expired. The Commission shall determine if the application has any merit in being reinstated to the last point of approval in the review process, or if the applicant has documented an extension of approval is merited. The applicant shall pay a reinstatement/extension fee consisting of the filing fee for the review stage of approval that expired. The Commission may waive such expiration of the approval. The Commission may extend the approval to a date certain as determined appropriate by the Commission. The application may be reinstated/extended by the Commission under the following conditions:
1. 
The application is consistent with the Comprehensive Plan; and
2. 
The Subdivision Regulations and Zoning Ordinance are substantially the same as they were at the time of original approval; and
3. 
The zoning of the parcel is substantially the same as it was at the time of original approval; and
4. 
The physical conditions on the parcel are substantially the same as they were at the time of original approval; and
5. 
Any applicable state or federal regulations are substantially the same as they were at the time of original approval and the applicant has pursued obtaining the appropriate permits.
A. 
Board of Appeal. An appeal from a decision of the Administrative Officer related to the enforcement of these Regulations may be taken to the Board of Appeal by an aggrieved party. Such appeal must be taken within twenty (20) days after the decision has been posted in the office of the Administrative Officer. The appeal shall clearly state the issue which is being appealed, the reason for appeal and the relief sought. The appeal shall be sent by certified mail to the agent of the Board of Appeal's office. Upon notification of an appeal from the agent of the action which is being appealed, the Board of Appeal shall hold a hearing on the appeal as required by R.I. General Law 45-23-69.
B. 
Appeals to Superior Court. An appeal from a decision of the Administrative Officer or the Planning Commission related to a decision on a development plan review, land development or subdivision application, and from a decision of the Board of Appeal may be made by filing a complaint to Superior Court, as set forth in R.I. General Law § 45-23-71.
C. 
Appeal of Enactment of or Amendment of Regulations. Any appeal of an enactment of or an amendment of these Regulations may be taken by filing a complaint, as set forth in R.I. General Law 45-23-72.
If any provision of these Regulations or any rule, regulation, 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 such Regulations, rule 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 the Regulations.