Chapter 4.02 ENGAGEMENT OF APPOINTED OFFICIALS

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. 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.    Four members of the committee shall be appointed by the town council. One term shall expire on May 31, 2022, one term shall expire on May 31, 2023, and two terms shall expire on May 31, 2024. Thereafter, members shall be appointed to three-year terms. Committee members shall serve until a successor is appointed.

B.    One member of the committee shall be a member of the planning board chosen by the planning board for a one-year term. The planning board member 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; Ord. dated 2-1-22)

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. 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. 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. 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. 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;