ARTICLE 10 -- ADOPTION AND AMENDMENT OF REGULATIONS

 

10.1       Notice of proposed adoption or amendment

 

               The Planning Board shall provide notice of a proposed adoption or amendment to these regulations as follows:   

 

10.1.1     Notice of a public hearing on a proposed adoption or amendment shall be published in a newspaper of general circulation in Richmond at least once each week for three (3) successive weeks before the date of the hearing, which may include the week in which the hearing is to be held. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the size ordinarily used for news stories.

 

10.1.2     The advertisement shall:

 

a)   Specify the date, time and place of the public hearing;

              

b)   Say that adoption, amendment or repeal of the regulations will be considered;

 

c)   Contain the proposed amendment, or a summary of the proposed amendment;

 

d)   Say where and when a complete copy of the proposed adoption or amendment may be obtained or examined and copied; and

     

e)   State that the proposed amendment 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, provided that any such alteration or amendment must be presented for comment in the course of the public hearing.

              

10.1.3     Notice of the public hearing shall be sent to the following:

              

a)   The associate director of the division of planning of the R.I. Department of Administration. The notice, which may be a copy of the newspaper advertisement, shall be sent at least two (2) weeks before the date of the public hearing.

     

b)   The planning board of any municipality in which there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within two thousand (2,000) feet of Richmond's boundaries. The notice shall be sent by first class mail.

     

c)   The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource or a surface watershed that is used or is suitable for use as a public water source located within Richmond or within two thousand (2,000) feet of Richmond's boundaries, provided that the governing  body of the state or municipal water department or agency, special water district, or private water company has filed with the Richmond Building Official a map survey showing the areas of surface water resources and watersheds, and parcels of land within two thousand (2,000) feet of the areas of surface water resources and watersheds, pursuant to R.I. Gen. Laws § 45-24-53(e).

 

d)   Any watershed council that has requested notification pursuant to Title 46, Chapter 28 of the R.I. Gen. Laws.

              

10.2       Public hearing

 

The Planning Board shall conduct a public hearing on proposed adoption or amendment to these regulations as follows:

 

10.2.1     The Planning Board shall conduct a public hearing at the date, time and place specified in the newspaper advertisement and notices. 

 

10.2.2     All persons who wish to be heard on the proposed adoption or amendment shall be given an opportunity to be heard.

 

10.2.3     Printed copies of the regulations as adopted or amended, including all appendices, shall be available to the public and shall be sent to the planning division of the R. I. Department of Administration and to the state law library.

 

10.3       Appeals of adoption or amendment    

 

10.3.1     Any legal resident of Richmond, any owner of property in Richmond, and any association of Richmond residents or property owners may appeal adoption or amendment of the regulations.

 

10.3.2     The appeal shall be filed in the Washington County Superior Court within thirty (30) days of the date on which the adoption or amendment became effective. 

 

10.3.3     The complaint shall state with specificity the manner in which an adopted or amended regulation is inconsistent with Title 45, Chapter 22.2 of the R.I. General Laws, the Comprehensive Planning Act; Title 45, Chapter 24 of the R.I. General Laws, the R.I. Zoning Enabling Act of 1991; the Richmond Comprehensive Plan; or the Richmond Zoning Ordinance.

 

10.3.4     The appeal shall not automatically stay the adoption or amendment of the regulation, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make any other orders it deems necessary for an equitable disposition of the appeal.

 

10.3.5     The court shall conduct the review pursuant to R.I. Gen. Laws §45-23-72. The court may in its discretion, upon motion of a party or on its own motion, award reasonable attorneys' fees to any party to an appeal, including a municipality.

 

(Adopted 9/9/03, amended 8/11/09)

 

 

Published by ClerkBase
©2021 by Clerkbase. No Claim to Original Government Works.