TITLE 4  BOARDS, COMMISSIONS and COMMITTEES

 

4.02                 Engagement of appointed officials

4.12                 Affordable housing committee

4.14                 Conservation commission

4.16                 Elder affairs commission

4.18                 Economic development commission

4.24                 Repealed.

4.26                 Recreation commission

4.28                 Planning board

4.30                 Rural preservation land trust

4.32                 Building code board of appeals

           

 

Chapter  4.02  ENGAGEMENT OF APPOINTED OFFICIALS

 

4.02.010          Oath of office.

4.02.020          Hold-over service.

4.02.030          Removal for cause.

           

4.02.010  Oath of office. 

A.  The term of office of each appointed member of a board, commission, or committee, whether permanent or ad hoc, and including members of the zoning board of review appointed pursuant to Title 18 of this Code, shall commence when that individual makes an oath or affirmation of office. The town clerk shall administer to each such appointed official the following oath or affirmation:

I do solemnly swear (or affirm) that I will support and obey the Constitution and laws of the United States of America and the Constitution and laws of the State of Rhode Island, that I will observe the Charter and the ordinances of the Town of Richmond, and that I will faithfully discharge the duties of my office.

 

B.  Members of boards, commissions, or committees who are reappointed need not make an oath or affirmation to commence a new term in office.

(Ord. dated 2-15-11)

 

4.02.020  Hold-over service.  Absent a specific provision to the contrary elsewhere in this Code or in state law, a person appointed to a board, commission or committee whose term of office has expired shall serve until he or she is reappointed or until his or her successor is appointed.

(Ord. dated 2-15-11)

 

4.02.030  Removal for cause.  The town council shall have the authority to remove a member of a board, commission, or committee from office for cause after a hearing.

(Ord. dated 2-15-11)

 

Chapter  4.12  AFFORDABLE HOUSING COMMITTEE

 

4.12.010          Establishment and purpose.

4.12.020          Appointment – Terms of office.

4.12.030          Committee to choose officers.

4.12.040           Duties

           

4.12.010  Establishment and purpose.  There shall be an affordable housing committee for the town consisting of five members.

(Ord. dated 5-6-08; Ord. dated 12-1-09)

 

4.12.020  Appointment – Terms of office.

A.  Three members of the committee shall be appointed by the town council. The town council shall appoint one member for a one-year term to begin on June 1, 2008, one member for a two-year term to begin on June 1, 2008, and one member for a three-year term to begin on June 1, 2008. Thereafter, members shall be appointed to three-year terms. Committee members shall serve until a successor is qualified.

 

B.  One member of the committee shall be a member of the planning board chosen by the planning board for a one-year term. One member of the committee shall be a member of the elder affairs commission chosen by the elder affairs commission for a one-year term. Planning board members and elder affairs commission members who serve on the affordable housing committee shall be entitled to vote.

 

C.  Members of the committee shall be residents of Richmond and shall serve without pay.

(Ord. dated 5-6-08; Ord. dated 12-1-09)

 

4.12.030  Committee to choose officers.  The committee shall choose a chair, a vice chair, and a clerk from among its members. The chair shall preside at committee meetings, and the vice chair shall preside at meetings in the absence of the chair. The clerk shall post notice of all meetings and shall record minutes of all meetings in the manner required by state law.

(Ord. dated 5-6-08; Ord. dated 12-1-09)

 

4.12.040  Duties.  The committee shall serve in an advisory capacity to the town council and the planning board. The committee shall have the following duties:

 

A.  To regularly review the affordable housing plan contained in the housing element of the town’s comprehensive community plan and to recommend updates, revisions, and amendments to the plan.

 

B.  To recommend to the town council and the planning board updates, revisions, or amendments to the provisions of the zoning ordinance relating to production of affordable housing.

 

C.  To promulgate regulations that govern how recommendations for awards of money from the affordable housing fund shall be made, including the procedure for soliciting recipients and the criteria for ranking applications and to promulgate regulations on how recommendations should be made concerning the use of real property for production of low or moderate income housing.

 

D.  To review applications for awards of money from the affordable housing fund pursuant to the applicable regulations and to make recommendations to the town council for the awarding of money from the fund. Any award of money from the fund that contributes to the production of low or moderate income housing shall be considered a municipal government subsidy as that term is defined in R.I. Gen. Laws § 45-53-3(5).

 

E. To review potential uses for real property donated to or acquired by the town for the purpose of producing low or moderate income housing, and to make recommendations to the town council for the use of such property. Any conveyance of such real property that contributes to the production of low or moderate income housing shall be a municipal government subsidy as that term is defined in R.I. Gen. Laws § 45-53-3(5).

 

F.  To research regional, state, and federal technical or financial assistance for the production of affordable housing in Richmond and to encourage public and private sector partnerships to produce affordable housing.

 

G.  To educate and inform the public and to promote support for affordable housing by sponsoring public meetings, presentations, and workshops and by preparing and distributing brochures and other educational and informational materials.

(Ord. dated 5-6-08; Ord. dated 12-1-09; Ord. dated 9-7-21)

 

4.12.050  Authority. The affordable housing committee is authorized to:

A. Accept, on behalf of the town, fees in lieu of production of low income housing paid pursuant to Ch. 18.18 of this Code. The money shall be deposited in the restricted account established by Ch. 3.08 of this Code.

 

B. Accept, on behalf of the town, real property donated in lieu of production of low or moderate income housing paid pursuant to Ch. 18.18 of this Code. The deed conveying ownership of the property to the town shall restrict use of the property to the production of low or moderate income housing. The committee shall make recommendations to the town council concerning the use of such property.

 

C. Accept, on behalf of the town, any other cash or real property donated for the purpose of producing low or moderate income housing.

(Ord. dated 9-7-21)

 

REFERENCES

Title 45, chapter 53 of the general laws.

 

 

Chapter 4.14  CONSERVATION COMMISSION

 

4.14.010          Membership.

4.14.020          Appointment – Terms of office.

4.14.030          Compensation.

4.14.040          Commission to choose officers.

4.14.050          Proposals concerning resource use.

4.14.060          Bills and issuance of checks.

4.14.070          Purpose and duties.

4.14.080          Investigation of complaints.

           

4.14.010  Membership.  There shall be a conservation commission for the town consisting of seven members to be appointed by the town council. Members shall be residents of Richmond.

(Ord. dated 11-6-78, § 1; Ord. dated 4-21-86; Ord. dated 12-1-09)

 

4.14.020  Appointment Terms of office.  The town council shall appoint the commission in the month of January, 1962; provided, however, that the initial appointees shall be appointed for three-year terms; two shall be appointed for two-year terms, and one shall be appointed for a term of one year. Thereafter, as terms expire, appointments, other than interim appointments, shall be for terms of three years. The commissioners shall continue to hold their respective offices until their successors are qualified.

(Ord. dated 11-6-78, § 2; Ord. dated 12-1-09)

 

4.14.030  Compensation.  Members of the commission shall serve without pay.

(Ord. dated 11-6-78, § 3; Ord. dated 12-1-09)

 

4.14.040  Commission to choose officers.  The commission shall choose a chair, a vice chair, and a clerk from among its members.

(Ord. dated 11-6-78, § 4; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.14.050  Proposals concerning resource use.  Any municipal board or agency concerned with resource use shall notify the conservation commission of any proposals concerning resource use made by or to any of them.

(Ord. dated 11-6-78, § 5; Ord. dated 12-1-09)

 

4.14.060  Bills and issuance of checks.  Any and all bills pertaining to the commission shall be submitted to the town council for approval and all checks shall be issued by the town treasurer.

(Ord. dated 11-6-78, § 7; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.14.070  Purpose and duties.  The purpose of the conservation commission is to promote and develop the natural resources, protect the watershed resources, and preserve the natural esthetic areas of the town of Richmond.  The duties of the conservation commission shall include:

 

A.  Conducting research into local land areas and coordinating the activities of unofficial bodies organized for similar purposes;

 

B.  Preparing, printing, and distributing books, maps, charts, plans, pamphlets, and other written or electronic documents;

 

C.  With the assistance and cooperation of the planning department, preparing and maintaining an index of all open spaces, publicly or privately owned, within the town of Richmond, including open marshlands, swamps, and wetlands;

 

D.  Recommending to the town council or the planning board programs for promotion, development, use, or preservation of open areas, streams, shores, wooded areas, roadsides, swamps, marshlands, and natural esthetic areas, including recommendations to the town council, planning board, or zoning board of review, upon request, regarding the effect of pending ordinance or regulation amendments, or pending land use proposals, on the natural resources of Richmond;

 

E.  Filing of an annual report to the town council.

(Ord. dated 12-6-05; Ord. dated 12-1-09)     

 

4.14.080  Investigation of complaints.  The town council may refer any complaint relating to any environmental issue made by any resident, including any business, to the conservation commission. The conservation commission shall investigate the complaint and make a written report to the town council that includes recommendations for resolution or remediation of the issue.  The conservation commission shall, if asked  to do so by the town council, serve as liaison for the town with all state agencies having jurisdiction over a particular matter or issue. The conservation commission shall, if asked to do so by the town council, assist the town solicitor in any legal action involving an environmental issue.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

REFERENCES

Charter Art. 5 § 3.B.; title 45, chapter 35 of the general laws.

 

Chapter 4.16  ELDER AFFAIRS COMMISSION

 

4.16.010          Membership.

4.16.020          Appointment – Terms of office.

4.16.030          Compensation.

4.16.040          Chairperson and secretary.

4.16.050          Expenses.

4.16.060          Duties of the committee.

 

4.16.010  Membership.  There shall be an elder affairs commission for the town consisting of five members appointed by the town council. Members shall be residents of Richmond.

(Ord. dated 7-18-95 (part); Ord. dated 12-6-05; Ord. dated 11-6-06; Ord. dated 12-1-09)

 

4.16.020  Appointment Terms of office.  Appointments, other than interim appointments, shall be for terms of three years. Two members shall serve terms ending September 30, 2010, two members shall serve terms ending September 30, 2011, and one member shall serve a term ending September 30, 2012. Members shall hold their respective offices until their successors are appointed.

(Ord. dated 7-18-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.16.030   Compensation.  Members of the commission shall serve without compensation.

(Ord. dated 7-18-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.16.040  Chairperson and secretary.  The commission shall elect a chair and a clerk from among its members.

(Ord. dated 7-18-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.16.050  Expenses.  Expenses incurred by the commission shall be paid by the finance director, after approval by the town council.

(Ord. dated 7-18-95(part), Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.16.060  Duties of the committee.  The elder affairs commission shall advise the town council on all matters of particular interest to older citizens, and shall serve as an information and advocacy resource for older citizens. The commission may sponsor informational and educational programs, may coordinate the meals on wheels program in Richmond, and may undertake public service projects.

(Ord.dated 7-18-95 (part); Ord. dated 11-6-06; Ord. dated 12-1-09)

 

REFERENCES

Charter Art. 5 § 3.D.

 

 

Chapter 4.18  ECONOMIC DEVELOPMENT COMMISSION

 

4.18.010          Membership.

4.18.020          Appointment – Terms of office.

4.18.030          Business community – Member appointment.

4.18.040          Compensation.

4.18.050          Commission to choose chair and clerk.

4.18.060          Quorum

4.18.070          Duties

4.18.080          Proposals concerning economic development.

4.18.090          Bills and issuance of checks.

 

4.18.010  Membership.  There shall be an economic development commission for the town consisting of six members to be appointed by the town council.

(Ord. dated 1-17-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.18.020  Appointment – Terms of office.  Five members of the commission shall be residents of Richmond. The terms of those members, other than interim appointments, shall be for three years. Two members shall serve terms ending January 31, 2010, and three members shall serve terms ending January 31, 2011. Members shall hold their respective offices until their successors are appointed.

(Ord. dated 1-17-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.18.030  Business community – Member appointment.  In addition to the members who are Richmond residents, there shall be a member appointed by the town council who shall represent the Richmond business community and who shall serve for a term of one year ending on January 31. Said member shall have all rights and privileges of members appointed under section 4.18.020, but need not be a resident of Richmond.

(Ord. dated 11-6-95; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.18.040  Compensation.  Members of the commission shall serve without pay.

(Ord. dated 1-17-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.18.050  Commission to choose chair and clerk.  The commission shall choose a chair and a clerk from among its members.

(Ord. dated 1-17-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.18.060  Quorum.  Three members of the commission shall constitute a quorum for convening a meeting.

(Ord. dated 5-1-18)

 

4.18.070  Duties.  The commission shall serve in an advisory capacity to the town council and the planning board. The commission shall pursue the following goals:

 

A.  Encourage the attraction and expansion of industrial and commercial development that is consistent with the environmental policies in the comprehensive community plan and town ordinances and regulations.

 

B.  Develop site criteria for new business development and expansion of existing businesses, and identify locations that are most suitable for nonresidential development;

 

C.  Recommend strategies to enhance local conditions favorable to the promotion of responsible economic growth;

 

D.  Identify potential cooperative ventures with the University of Rhode Island to stimulate commercial and industrial development; and

 

E.  Research federal and state economic development funding assistance programs and services.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.18.080  Proposals concerning economic development.  Any municipal board or agency concerned with resource use or development shall notify the economic development commission of any proposals relating to economic development within the town made by or to any of them.

(Ord. dated 1-17-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.18.090  Bills and issuance of checks.  All bills pertaining to the commission shall be submitted to the town council for approval and all checks shall be issued by finance director.

(Ord. dated 1-17-95 (part); Ord. dated 12-6-05; Ord. dated 12-1-09).

 

REFERENCES

Charter Art. 5 § 3.C.

 

Chapter 4.24

Repealed 9/18/18.

 

Chapter 4.26  RECREATION COMMISSION

 

4.26.010          Title and membership.

4.26.020          Organization and officers.

4.26.030          Meetings.

4.26.040          Duties of the commission.

4.26.050          Recreation fund

           

4.26.010  Title and membership.  The town council shall appoint a recreation commission consisting of seven members who shall be appointed for terms of three years to expire on January 31. Two of the terms shall expire on January 31, 2009, three of the terms shall expire on January 31, 2010, and  two of the terms shall expire on January 31, 2011. Commission members shall serve without monetary compensation. Members shall be residents of Richmond.

(Ord. dated 4-5-94; § A; Ord. dated 12-6-05; Ord. dated 5-6-08; Ord. dated 12-1-09)

 

4.26.020   Organization and officers.  The commission shall reorganize annually in the month of February and shall elect a chair, a vice chair, and a clerk from among its members.

(Ord. dated 4-5-94, § B; Ord. dated 12-6-05; Ord. dated 5-6-08; Ord. dated 12-1-09)

 

4.26.030   Meetings.  The commission shall meet every month and maintain a record of its proceedings. Special meetings may be called by the chair or at the request of three members.

(Ord. dated 4-5-94, § D; Ord. dated 12-6-05; Ord. dated 5-6-08; Ord. dated 12-1-09)

 

4.26.040  Duties of the commission.

A.  The duties of the commission shall be:

1.   To assist the recreation director in the planning and promotion of recreation, play, sport, and physical training for town residents;

2.   To assist the recreation director in the formulation of  a comprehensive recreation plan to include policies and programs to maintain and operate public waterways, beaches, playgrounds, athletic fields and other community recreation facilities for which admission may or may not be charged;

3.   To provide advice and information to the town council and to other town officials and departments about recreational facilities and programs to serve the citizens of the town.

(Ord. dated 12-6-05)

 

4.26.050  Recreation fund.  The finance director shall maintain a fund to offset capital expenditures and projects involving municipal park and recreation projects. Such funds may include, without limitation, funds appropriated by the financial town meetings, grants, donations, and other monies.

(Ord. dated 12-6-05; Ord. dated 5-6-08; Ord. dated 12-1-09)

 

REFERENCES

Charter Art. 5 § 3.F.;  title 32, chapter 3 of the general laws; Code ch. 2.40.

 

Chapter 4.28  PLANNING BOARD

 

4.28.010          Membership.

4.28.020          Organization, technical assistance, and cooperative agreements.

4.28.030          Duties and responsibilities.

4.28.040          Reports.

4.28.050          Adoption of regulations.

4.28.060          Comprehensive community plan.

 

4.28.010  Membership.

A.  The town council shall appoint a planning board consisting of seven members who serve staggered terms of three (3) years beginning on February 1. Two terms shall expire on January 31, 2010, three terms shall expire on January 31, 2011, and two terms shall expire on January 31, 2012. After enactment of this ordinance amendment, the town council shall appoint a member to serve the remainder of a term ending on January 31, 2010 and a member to serve the remainder of a term ending on January 31, 2011. If a vacancy occurs in any seat, the town council shall appoint a new member to serve the remainder of the term.

 

B.  The town council may remove any planning board member for due cause, after a public hearing.

 

C.  Members of the planning board shall be residents of Richmond and shall serve without pay.

(Ord. dated 2-4-64; Ord. dated 6-18-02; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.28.020  Organization, technical assistance, and cooperative agreements. 

A.  The planning board shall organize annually by electing a chair and a vice chair from among its members. The planning board may adopt any procedural rules necessary for the discharge of its duties.

 

B.  The planning board may, subject to town council approval and subject to the availability of appropriated funds, enter into cooperative agreements with other municipal, state, regional, or federal agencies or private organizations to undertake studies deemed to be in the best interests of the town, including cooperative agreements with cities and towns in neighboring states where problems of common interest are deemed to exist. The planning board may accept technical or financial assistance from other public agencies or private organizations, subject to town council approval.

 

C.  The planning department may provide technical and clerical assistance to the planning board, including the preparation of studies, plans, or reports. The planning board may engage technical or clerical assistance within the limit of funds appropriated for that purpose.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.28.030  Duties and responsibilities. 

A.  The planning board shall make studies and prepare plans and reports on the needs and resources of the community with reference to its physical, economic, and social growth and development as affecting the health, safety, morals and general welfare of the people. The studies, plans, and reports shall concern, but not necessarily be limited to, the following:

            1.         Land use and land use regulation;

            2.         Transportation facilities;

            3.         Public facilities including recreation areas, utilities, schools, fire stations, police stations, and others;

            4.         Blighted areas including the designation of general areas for redevelopment, renewal, rehabilitation, or conservation;

            5.         Problems of housing and the development of housing programs;

            6.         Environmental protection;

            7.         Natural resource conservation;

            8.         Protection from disaster;

            9.         Economic and social characteristics of the population;

            10.       Preservation of historic sites and buildings; and

            11.       Economic development.

 

B.  When directed to do so by the town council or the town administrator, the planning board shall prepare an annual capital budget and a comprehensive long-range capital improvement program for submission to the town council.

 

C.  The planning board shall submit to the town council an advisory opinion and  recommendation on all zoning matters when required to do so by the zoning ordinance or when asked to do so by the zoning board of review, and shall report on any other matter referred to it by the town council.

 

D.  The planning board shall perform any other duties that may be assigned to it from time to time by any act of the general assembly, or by any ordinance, code, regulation, order, or resolution of the town council.

 

E.  The planning board has the authority to request, from other town boards, commissions, or departments, or from regional, state, or federal agencies, information or assistance necessary to perform its duties. The planning board shall cooperate with the town, regional, state, and federal agencies on matters of community, regional, and state planning and development.

(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 6-5-12)

 

4.28.040  Reports.

A.  The planning board shall report annually to the town council, summarizing its work during the preceding year and recommending programs, plans, and actions for future development.

 

B.  All studies, plans, and reports of the planning board shall be submitted to the town council and shall be published and made available to the public.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.28.050  Adoption of regulations.  The planning board shall adopt land development and subdivision regulations pursuant to title 45, chapter 23 of the general laws, as amended.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.28.060  Comprehensive community plan.

A.  The planning board shall prepare, and submit to the town council for adoption, amendments to the comprehensive community plan pursuant to title 45, chapter 22.2 of the general laws.

 

B.  Amendments to the comprehensive community plan are effective for the purpose of guiding municipal land use decisions when the town council has adopted them according to the procedure required by title 45, chapter 22.2 of the general laws.   

 

C.  Amendments to the comprehensive community plan are effective for the purpose of guiding the actions of state agencies when they have been approved by the chief of the state department of administration division of planning or by a justice of the Superior Court.

 

D.  The comprehensive community plan approved by the chief of the state department of administration, division of planning, in August of 2006, and all subsequent amendments to the plan that are adopted by the town council, are hereby incorporated by reference.

(Ord. dated 6-5-12)

 

REFERENCES

Charter Art. 5 § 3.E.; title 45 ch. 22, 22.2, 23 of the general laws; Code ch. 2.42.

 

Chapter 4.30  RICHMOND RURAL PRESERVATION LAND TRUST

 

4.30.010          Statutory authority, name and purpose.

4.30.020          Membership.

4.30.030          Organization.

4.30.040          Administration.

4.30.050          Powers of the trustees.

4.30.060          Accounting procedures.

4.30.070          Issuance of bonds.

4.30.080          Tax status of trust.

           

4.30.010  Statutory authority, name and purpose.  Pursuant to the authority contained in chapter 75 of the 1997 R. I. public laws, there is established a Richmond rural preservation land trust (hereinafter called “trust”) for the purpose of, but not limited to: acquiring development rights to agricultural property within the town, acquiring agricultural property and other property, or interest therein, to preserve open spaces, fresh water wetlands and ponds, adjoining uplands, wildlife habitats, groundwater recharge areas, land providing access to open space land, land for bicycle and hiking paths and land for future passive public recreational facilities and use.

(Ord. dated 12-2-97(part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.30.020  Membership.

 A.  The trust shall be administered by seven (7) trustees who shall be appointed by the town council. The trustees first appointed shall serve terms of one, two, three, four and five years, respectively, said terms to expire on December 31 annually. Thereafter, trustees shall be appointed for a term of five years, except that all vacancies occurring during a term shall be filled for the unexpired term. Trustees shall be residents of Richmond and qualified voters, 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. After enactment of this ordinance amendment, the town council shall appoint a trustee to serve the remainder of a term ending on December 31, 2012 and a trustee to serve the remainder of a term ending on December 31, 2013.

 

B.  In addition to the trustees appointed by the town council, the chair or a member designee of the planning board, and the town planner, shall serve as ex-officio non-voting trustees.

(Ord. dated 8-28-01; Ord. dated 12-2-97(part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.30.030  Organization.  In January of each year, the trustees shall elect a chair, a vice-chair, and a clerk from among the trustees. Officers shall serve for a term of one year. The trustees shall file forthwith a list of the officers for the ensuing year with the town clerk.

(Ord. dated 12-2-97 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.30.040  Administration.  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 chapter 75 of the 1997 R.I. public laws.  The town council shall approve any such rules and regulations prior to their promulgation. Decisions of the trustees shall be by majority vote of those present and voting, and no business shall be transacted without a quorum of four trustees present. The trustees shall keep accurate records of their meetings and actions and shall file copies of their minutes with the town clerk. All meetings and records of the trustees shall be subject to the provisions of title 42, chapter 46 of the general laws, the open meetings law.

(Ord. dated 12-2-97 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.30.050  Powers of the trustees.  The trustees shall have the power to:

A.  Purchase, receive by gift, or otherwise acquire fee simple or lesser interest in real property, including development rights as defined in R.I. Gen. Laws § 42-12-2, or any interest in real property consistent with the purposes of chapter 75 of the 1997 R. I. public laws, provided that the town council approves such purchase or acquisition in advance;

 

B.  Accept gifts, grants, or loans of funds or services from any source, public or private, and comply, subject to the provisions of  chapter 75 of the 1997 R.I. public laws, with any terms and conditions thereof;

 

C.  Accept from state or federal agencies, loans or grants for use in carrying out the trust’s purposes, and enter into agreements with such agencies respecting any such loans and grants;

 

D.  Employ counsel, auditors, engineers, appraisers, private consultants, advisors, secretaries or other personnel needed to perform its duties, provided that the town council approves in advance the employment or engagement of any such person who will be paid with town funds;

 

E.  Administer and manage land and interests in land held by it in a manner that allows public use and enjoyment consistent with the natural and scenic resources thereof, including conveyance of any such land or interest in land to, and contracts with, nonprofit organizations, provided such land shall continue to be used in a manner consistent with the purposes of chapter 75 of the 1997 R.I. public laws and with the terms of any grant or devise by which such land was acquired by the trust;

 

F.  Incur debt, only after authorization in each such instance by vote of a financial town meeting in accordance with section 7 of chapter 75 of the 1997 R.I. public laws. The trust shall be obligated to pay debt service on all such debt to the extent funds are available and to reimburse the town for any town funds expended to pay such debt service. Whenever the town shall have been required to pay over any sums of money to the trust, the trust shall be precluded from acquiring any additional property until the trust shall have repaid the town in full for all sums paid to the trust hereunder and shall be required to reimburse the town for any town funds expended to pay such debt service;

 

G.  Dispose of all or any portion of its real property or interests therein held by it, whenever in the opinion of the trustees said lands or properties have become unsuitable or have ceased to be used for the purposes set forth in chapter 75 of the 1997 R.I. public laws. Such dispositions shall be made only by a vote of the trustees in which at least four members vote in favor of such disposition, and further only after having been approved by the town council and by a two-thirds vote of an annual or special financial town meeting of the town of Richmond. Nothing in this subsection shall be construed to authorize the sale, lease or conveyance of lands or improvements held by the trust as part of a charitable trust or acquired by gift or devise for public use, whether or not such gift or devise is subject to a condition subsequent or reverter;

 

H.  Otherwise do all things necessary for the performance of its duties, the fulfillment of its obligations, and conduct of its business.

(Ord. dated 12-2-97 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.30.060  Accounting procedures.  All funds collected shall be deposited in a fund to be set up as a revolving and restricted account by the finance director. All monies or other liquid assets received as voluntary contributions, grants or loans, funds appropriated to the trust by vote of a financial town meeting of the town, or proceeds from disposal of real property or interests therein shall be deposited into said account. All expenses lawfully incurred by the trust in carrying out the provisions of this chapter shall be evidenced by vouchers and shall be paid by the finance director only upon submission by warrants duly approved by the trust. The finance director shall prudently invest available assets of the fund in accordance with the town's investment policies, and all income thereon shall accrue to the fund. Upon termination or dissolution of the trust, the title of all funds and other properties owned by the trust that remain after payment or making provisions for payment of all bonds, notes and other obligations of the trust shall vest in the town.

(Ord. dated 12-2-97 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.30.070  Issuance of bonds.

A.  The town is empowered to issue bonds from time to time, upon the written request of the trust, under its corporate name and seal for the purpose of financing the activities of the trust.

 

B.  Bonds may be issued or authorized only upon the approval of a majority of the voters present at an annual or special financial town meeting. The bonds of each issue may be issued in a form acceptable to the town council, in annual installments of principal, the first installment not later than thirty years after the date of the bonds. For each issue the amounts payable annually for principal and interest combined either (1) shall be as nearly equal from year to year as is practicable in the opinion of the officers authorized to issue the bonds, or (2) shall be arranged in accordance with a schedule providing for a more rapid amortization of principal, or (3) shall be arranged in annual installment of principal each of which does not exceed any prior installment by more than sixteen percent of the total principal amount of the issue.

 

C.  The bonds shall be signed by the finance director and by the president of the town council and shall be issued and sold in such amounts as authorized by the voters at an annual or special financial town meeting. The manner of sale, denominations, maturities, interest rates and other terms and conditions and details of any bonds or notes issued under this Chapter may be fixed by the proceedings of the town council or, to the extent provisions of these matters are not so made, they may be fixed by the officers authorized to sign the bonds or notes. The proceeds derived from the sale of the bonds shall be to the finance director and such proceeds, exclusive of premiums and accrued interest, shall be expended for the purpose of acquiring real property or interests therein by the trust, or in payment of the principal or interest on temporary notes issued under subsection c of section 7 of chapter 75 of the 1997 R.I. public laws, or in repayment of advances under subsection D of section 7 of chapter 75 of the 1997 R.I. public laws. No purchaser of any bonds or notes shall be in any way responsible for the proper application of the proceeds derived from the sale thereof. The proceeds of bonds or notes issued under this act, any applicable federal or state assistance, and the other money referred to in subsection C of section 7 of chapter 75 of the 1997 R.I. public laws shall be deemed  appropriated for the purposes of this act without further action than that required by chapter 75 of the 1997 R.I. public laws.

 

D.  The town council may by resolution authorize the issue from time to time of interest-bearing or discounted notes in anticipation of the issue of bonds or in anticipation of the receipt of federal or state aid for the purpose of this chapter. The amount of original notes issued in anticipation of bonds may not exceed the amount of bonds that may be issued under this chapter and the amount of original notes issued in anticipation of federal or state aid as estimated by the finance director. Temporary notes issued hereunder shall be signed by the finance director and president of the town council and shall be payable within one year from their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes hereunder, provided the period from the date of an original note to the maturity of any note issued to renew or pay the same debt or the interest thereon shall not exceed five years.

 

E.  Pending any authorization or issue of bonds hereunder or pending or in lieu of any authorization or issue of notes hereunder, the finance director, with the approval of the town council, may, to the extent that bonds or notes may be issued hereunder, apply funds in the treasury of the town to the purposes specified in this section, such advances to be repaid without interest from the proceeds of the bonds or notes subsequently issued or from proceeds of applicable federal or state assistance or from other available funds.

 

F.  Any accrued interest received upon the sale of bonds or notes hereunder shall be applied to the first payment of the first interest due thereon. Any premiums arising from the sale of bonds or notes hereunder shall, in the discretion of the finance director, be applied to the cost of preparing, issuing and marketing bonds or notes hereunder to the extent not otherwise provided, or to the payment of principal of or interest on bonds and notes issued hereunder. The cost of preparing, issuing and marketing bonds or notes hereunder may also, in the discretion of the finance director, be met from bond or note proceeds exclusive of premium and accrued interest or from other moneys available therefor.

 

G.  All bonds and notes issued under this act and the debts evidenced thereby shall be obligatory on the town in the same manner and to the same extent as other debts lawfully contracted by it and shall be excepted from the operation of R.I. Gen. Laws § 45-12-2.  No such obligation shall at any time be included in the debt of the town for the purpose of ascertaining its borrowing capacity. The town shall annually appropriate a sum sufficient to pay the principal and interest coming due within the year on bonds and notes issued hereunder to the extent that moneys therefor are not otherwise provided by the trust. If such sum is not appropriated, it shall nevertheless be added to the annual tax levy. In order to provide such sum in each year and notwithstanding any provision of law to the contrary, all taxable property in the town shall be subject to ad valorem taxation by the town without limitation as to the rate or amount.

 

H.  Any bonds or notes issued under the provisions of this act, if properly executed by officers of the town in office on the date of execution, shall be valid and binding according to their terms notwithstanding that before the delivery thereof and payment therefor any or all of such officers shall for any reason have ceased to hold office.

 

I.  The town, acting by resolution of the town council, is authorized to apply for, contract for any, expend any federal or state advances or other grants or assistance that may be available for the purposes of this chapter, and any such expenditures may be in addition to the monies provided in chapter 75 of the 1997 R.I. public laws. To the extent of any inconsistency between any law of this state and any applicable federal law or regulation, the latter shall prevail. Federal and state advances, with interest where applicable, whether contracted for prior to or after the effective date of this act, may be repaid as projected costs under this chapter.

 

J.  Bonds and notes may be issued under this chapter without obtaining approval of any governmental agency or the taking of any proceedings or the happening of any conditions except as specifically required by chapter 75 of the 1997 R.I. public laws for such issue.  In carrying out any project financed in whole or in part under this chapter, all action shall be taken that is necessary to meet constitutional requirements whether or not such action is otherwise required; but the validity of bonds and notes issued hereunder shall in no way depend upon the validity or occurrence of such action.

 

K.  Notwithstanding the foregoing provisions of this section, no bonds shall be issued in excess of amounts approved from time to time by vote of a majority of electors present and voting on the question at an annual or special financial town meeting. A vote not to approve an amount of bonds hereunder shall not preclude any later vote to approve the same or a different amount.

(Ord. dated 12-2-97 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

4.30.080  Tax status of trust.  The trust and all its revenues, income and real and personal property used by the trust for the furtherance of its public purpose shall be exempt from taxation and from betterment and special assessments, and the trust shall not be required to pay any tax, excise or assessment to the state or any of its political subdivisions.

(Ord. dated 12-2-97 (part); Ord. dated 12-1-09)

 

REFERENCES

Charter Art. 5 § 5;  1997 R.I. pub. laws ch. 75.

 

Chapter 4.32  BUILDING CODE BOARD OF APPEALS

 

4.32.010          Purpose.

4.32.020          Membership.

4.32.030          Appeals.

4.32.040          Variances and modifications.

4.32.050          Hearings and decisions.

4.32.060          Appeals to state board.

4.32.070          Housing board of review.

 

4.32.010  Purpose.  The building code board of appeals shall hear appeals by aggrieved persons of any interpretation, order, requirement, direction, or failure to act under the state building code by the building official or any other official with the authority to administer or enforce the provisions of the building code, and shall have the authority to grant variances from the terms of the building code.

(Ord. dated 12-1-09)

 

4.32.020  Membership.

A.  The board shall consist of five members appointed by the town council to staggered five-year terms beginning on February 1. One member shall be an architect, two members shall be professional engineers, one member shall be a builder or superintendent of construction, and one member shall be a member of the public. The public member shall be a Richmond resident but the other members need not be Richmond residents and may be members of the boards of appeals of other municipalities.

 

B.  The term of the builder or superintendent of construction shall expire on January 31, 2009 and every five years thereafter, the term of the architect shall expire on January 31, 2010 and every five years thereafter, the term of one engineer shall expire on January 31, 2011 and every five years thereafter, the term of the second engineer shall expire on January 31, 2012 and every five years thereafter, and the term of the public member shall expire on January 31, 2013 and every five years thereafter. Members shall serve until their successors are appointed.

 

C.  Annually in the month of February or at the first meeting of the board thereafter, the board shall elect a chair and a vice chair from among its members. The clerk of the building and zoning department shall serve as the clerk of the board. 

(Ord. dated 12-1-09)

 

4.32.030  Appeals.  

A.  When the building official has refused to issue a building permit, has refused to approve a proposed method of construction, or has refused to approve proposed construction materials, or when an applicant believes that the provisions of the state building code are not applicable to a proposed project, or that an equivalent or better method of construction can be used in a specific case, or when an applicant believes that the building official has misconstrued or incorrectly interpreted the intent and meaning of the building code, the applicant has the right to appeal the building official’s determination to the building code board of appeals.

 

B.  The appeal shall be filed with the clerk of the building and zoning department within thirty (30) days of the day the applicant received notice of the determination. The appeal shall be in writing. If the appeal involves plans that have been submitted to the building official for review or approval, four copies of the plans shall be submitted with the appeal. The building official shall provide the board with a copy of the determination from which the appeal was taken and a written explanation of the basis for the determination.

 

C.  When an appeal is filed, the chair of the board shall appoint a panel of not fewer than three (3) members of the board to hear the appeal.

 

D.  The filing of an appeal shall stay all proceedings in furtherance of the determination from which the appeal is taken, unless the building official presents sufficient evidence to the board of appeals to prove that a stay would cause immediate danger to the public health, safety or welfare. If the board makes such a finding, no stay shall be in effect and the board may order any other action it determines is necessary to preserve the public health, safety or welfare. If the building official asks the board to decide that a stay should not be imposed, the board shall conduct a public hearing to consider the request. The board shall notify the appellant and the building official of the date, time and location of the hearing, in writing, at least twenty-four (24) hours before the hearing. 

(Ord. dated 12-1-09)

 

4.32.040  Variances or modifications.  

A.  An applicant for a building permit may ask the building code board of appeals to vary or modify the provisions of the building code in a particular case. An application for a variance or modification shall be filed with the clerk of the building and zoning department. The application shall be in writing. Four copies of all applicable plans shall be submitted with the application.

 

B.  The board may vary or modify application of any provision of the building code in any particular case if the board finds that literal application of the code would do manifest injustice, provided that the board finds that the variance or modification will not conflict with the general objectives of the code. The board may impose limitations on the decision with respect to time and use, and a continuation of any use permitted may be conditioned upon modifications as set forth in the decision. A decision to vary or modify the provisions of the code in a particular case shall not serve as a precedent for future decisions.

 

4.32.050  Hearings and decisions. 

A.  Hearings to consider appeals or applications for variances or modifications shall be advertised in a newspaper that circulates in Richmond at least seven (7) days before the date of the hearing. The applicant and the building official shall receive written notice of the date, time and location of the hearing at least seven (7) days before the date of the hearing. The notice may be sent by regular first class mail.

 

B.  The board shall keep a written record of its proceedings, including the vote on each decision made.

 

C.  If an appeal or an application to vary or modify involves a provision of the code related to disability, the advertisement of the hearing shall cite the specific sections of the code involved, and a copy of the application shall be sent to the state building commissioner.

 

D.  The board’s decision shall be in writing, and shall be mailed to the applicant, the building official, and the state building commissioner no later than ten (10) days after the date of the hearing at which the decision was made.

 

4.32.060  Appeal to state board.  Any aggrieved party, as that term is defined in R.I. Gen. Laws § 23-27.3-127.1, may appeal a decision of the building code board of appeals to the state board of standards and appeals. The appeal shall be filed within twenty (20) days of the date the appellant or applicant received the board’s written decision.

 

4.32.070  Housing board of review.  The members of the building code board of appeals shall also serve as the housing board of review to hear and decide appeals from determinations made in the enforcement of the state housing maintenance and occupancy code.

(Ord. dated 12-1-09)

 

REFERENCES

Charter Art. 5 § 3A.; R.I. Gen. Laws § 23-27.3-110, § 23-27.3-127; § 45-24.3-16;  Code § 3.06.040 E

 

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