Historic district commission
(a) Created; membership. An historic district commission, herein referred to as called "the commission," (or HDC) is hereby created.
(1) The commission shall consist of seven qualified members who reside in the Town of Narragansett. The members shall be appointed by the president of the town council. Each member shall serve for three years with the exception of the initial appointments which shall consist of three members appointed for a one-year initial term, two members appointed for a two-year term, and two members appointed for a three-year term. Members shall be eligible for reappointment.
(2) To approve historic rehabilitation tax credits for qualifying improvements made to structures meeting the definition of 'Contributing Structure" under rules and standards articulated in Chapter 1032 of the Town Code of Ordinances and any subsequent amendments thereto;
(3) The town council president shall be authorized to name an additional member to serve as an alternate to the commission. This alternate shall sit as an active member upon the request of the chairman of the commission when and if a regular member of the commission is unable to serve at any meeting of the commission.
(4) If a vacancy occurs on the commission, the town council president shall appoint a new member for the remainder of the unexpired term. Said appointment shall be made within 90 days of report of the vacancy. The town council president may, but shall not be required to, select members of the commission from lists of qualified citizens submitted for his or her consideration by duly organized historic or preservation societies.
(b) Organization and procedure.
(1) Officers. The commission shall organize at its first meeting in each calendar year by electing from its members a chairman, vice-chairman, and secretary. All votes for elected officers shall require concurrence by a majority of the membership.
a. The chairman shall preside over all commission meetings and shall have the right to vote. The chairman shall decide all points of order, shall appoint subcommittees as necessary, and shall draft each meeting agenda with the community development director.
b. The vice-chairman shall, in the case of absence or disability of the chairman, perform the duties of the chairman.
c. The secretary shall keep a record of all resolutions, proceedings, finding of fact, decisions and actions and such record shall be on file for public view at the office of the town clerk.
(2) Administration.
a. Community development director shall at the direction of the town manager supply administrative support for the historic district commission's day-to-day operations, and may assist the secretary as needed. The CDD is not eligible to vote on any matter heard before the commission at a regular or special meeting. Duties of the CDD shall include but are not limited to the following:
1. Keep all files of applications for certificate of appropriateness and recommendation of compatibility, keep all other files of the HDC not required to be filed with the town clerk, to make available all public information, and provide assistance to members of the public.
2. Act as liaison between the HDC and all other agencies, departments and organizations to which it must relate in the conduct of its affairs.
3. Consult with applicants and property owners regarding the procedures, rules and regulations, and standards and guidelines, preservation issues, and other pertinent information; and attend HDC meetings.
4. Assist in development and implementation of a standards and guidelines handbook for the historic district commission.
5. At the direction of the town manager, perform such duties and assume such other responsibilities as may become necessary.
(3) Meetings. All meetings of the historic district commission shall be open to the public and any person or his/her duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision.
(4) Records. The commission shall keep a record, which shall be open to public inspection of its resolutions, proceedings, and actions.
(5) Votes. The concurring vote of four members shall be necessary to approve any motion.
(6) Quorum. Five members shall constitute a quorum for meetings at which one or more applications for certificate of appropriateness are heard and/or recommendation of compatibility are scheduled for review and/or decision. For all other meetings, four shall constitute a quorum.
(7) Schedule. The HDC shall meet at minimum once each month and shall post its annual schedule of meetings for the coming year by the last day of December in the current year.
(8) Notice. Notice of HDC meetings shall be posted in accordance with the Open Meetings Act: R.I.G.L. 42-46.
(9) Legal counsel. The town solicitor's office shall assist in all legal matters before the HDC.
(10) Conflicts of interest. All commission members shall be subject to the state code of ethics.
(11) Attendance. If any member fails to attend three consecutive regular meetings of the HDC or 25 percent of all regular meetings during the course of a year, and fails to provide satisfactory excuse for such absences, then the chairman with the majority consensus of the commission, may request that the town council declare the position vacant, and ask the town council act to fill the position.
(c) Powers and duties. The commission shall have the following powers and duties:
(1) To review select plans for construction, alteration, repair, removal or demolition of structures and appurtenances in an historic district affecting the exterior appearance of any structure;
(2) To approve or disapprove such plans, and to issue a certificate of appropriateness and/or recommendation of compatibility;
a. To approve historic rehabilitation tax credits for qualifying improvements made to structures meeting the definitions of "Contributing Structure" under rules and standards articulated in Chapter 1032 of the Town Code of Ordinances and any subsequent amendments thereto.
(3) To consult experts to assist its deliberations;
(4) To make recommendations to the town council with respect to the establishment, delineation, or alteration of historic districts;
(5) To assist the town, its agencies, boards, commissions and staff on matters of historic preservation, and to provide expertise and advise as appropriate;
(6) To submit an annual report of its activities to the town council.
(7) The commission shall within 12 months of the date of the local historic district zoning ordinance takes effect:
a. Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this article;
b. Adopt and publish standards of review (which shall use as a guide the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, 36 CFR 671, as amended), within six months following the adoption of this section to inform historic district residents, property owners, and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. The commission may from time to time amend these standards as reasonably necessary, and it shall publish all such amendments; and
c. Submit rules, procedures and standards, as well as any additions and amendments thereto, to the town council for its approval and shall, thereon, become part of this section.
(8) The commission shall act consistently with the authority granted to it under state law as well as within this ordinance.
(9) all decisions made by the commission shall be based on the criteria and standards set forth in this ordinance and in the town-approved standards and guidelines
(Ch. 917, § 1, 7-20-2009; Ch. 1105, §§ 2, 3, 2-21-2023)
Cross reference— Boards, commissions and committees, § 2-71 et seq.