Review process
(a) Public hearings and meetings. All meetings of the historic district commission shall be open to the public and any person or his or her duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision. The commission shall comply in all respects with the R.I. Open Meetings Law. Notice of HDC meetings at which an application for a certificate of appropriateness is being considered shall appear in a newspaper with general community circulation at least six days, but no more than 14 days prior to such meetings. The fee for advertising shall be borne by the applicant and shall be paid at the time of application submittal. Notice of any other commission meeting shall be prominently posted in at least three locations within town hall, for a period of at least ten days prior to and including the meeting date. A written record of all commission resolutions, proceedings, and findings of fact, decisions and actions shall be on file for public view at the town planning office.
(b) Decisions.
(1) All decisions and recommendations of the historic district commission shall be in writing. Approvals shall be for a period of one year, in which time the applicant shall request and receive a building permit. The commission shall articulate and explain the reasons and bases of each decision and recommendation on a record. In the case of a decision not to issue a certificate of appropriateness, the commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant. The commission shall send a copy of the decision or recommendation to the applicant.
(2) Written approval by administrative review may take the form of a letter or memorandum signed by the community development director. Any condition of said approval shall be articulated therein.
(3) Extensions of time/renewals—The applicant may receive a one year extension of time to complete the approved alterations, repairs additions etc., from the administrative officer by written or verbal request. Further extensions of time shall require a written request and action by the HDC. Renewal of an expired certificate of appropriateness or recommendation of compatibility may be issued only upon written request and action by the full commission, unless received within 30 days of expiration, during which time the administrative officer shall be empowered to issued said renewal.
(c) Effect of commission decision. The historic district commission and/or the community development director shall file a certificate of appropriateness, recommendation of compatibility, or rejection of all plans submitted for review with the building official. The building official may not issue a building permit for any work unless the commission or community development director has approved the plans.
(d) Time limits. The commission must act on an application within 45 days of the date the application is deemed complete, unless the applicant and commission mutually agree to an extension, or the commission makes a finding of fact that the circumstances of a particular application necessitate a review period of up to 90 days. The failure of the commission to act on an application within the specified period of time shall constitute approval of the plans.
(e) Appeals. Any person, or persons jointly or severally, aggrieved by a decision of the HDC has the right of appeal, concerning the decision, to the zoning board, and a further right of appeal from the zoning board to the superior court, in the same manner provided in R.I.G.L. 45-24-69 and from the superior court to the supreme court by writ of certiorari.
(Ch. 917, § 1, 7-20-2009; Ch. 1105, § 9, 2-21-2023)