General Procedures

§ 702 General Procedures

[Amended May 2, 2001; August 20, 2014 by Ord. No. 2014-08]

A. Applicant's Participation Mandatory. At any hearing of the Town Council or any board or commission before which an application is pending, the applicant or the applicant's agent must appear and stand ready to answer questions regarding the proposal submitted. Failure to be present may be grounds for dismissal of an application without prejudice.

B. Notice Requirements. All notices of a public hearing shall contain the name of the owner of the subject property, the Assessor's Plat and Lot number(s) of the subject property, the address and/or a description of the location of the subject property, and a description of the application upon which the Board is being asked to act. All costs of notification shall be borne by the applicant. Notification of a public hearing for a Variance or for a Special-Use Permit shall be as follows:

1. The Zoning Board of Review (or the Planning Board in the case of a Development Plan Review application submitted pursuant § 703, Subsection D 2) shall give public notice of the hearing, at least 14 days prior to the date of the hearing, in a newspaper of general circulation in the Town.

2. Notice of the public hearing shall be sent to the applicant, all property owners within 200 feet of all boundaries of the subject property and the owner of the subject property. The notice shall be sent by first class mail, with a certificate of mailing from the United States Postal Service, not less than 14 days before the public hearing. The notices shall be mailed by the applicant. Proof of mailing shall be established by the applicant's filing, prior to the commencement of the public hearing, an affidavit of the mailing of the notice stating the date the notices were mailed and who mailed them. The affidavit shall have attached to it the certificates of mailing from the United States Postal Service.

3. The applicant shall send notice of the public hearing, by first class mail, to the Associate Director of the RI Department of Administration, Division of Planning.

C. Submittal Requirements.

1. Waiver of Requirement. Submittal Requirements for any application made under this Ordinance are the minimum requirements necessary for any application to be considered by the Town Council or any board or commission before which the application is pending. Any request to waive any submittal requirements shall be submitted in writing at the time the application is made, and shall include a statement of the reason for the request and of the relationship of that requirement to the application. Upon receipt of the application, the Town Council or the board or commission to which the application has been made shall consider any requests to waive any Submittal Requirements. If the Town Council or the Board or Commission before which the application is pending determines that such requirement(s) may be waived, waivers shall be supported by specific findings and conclusions, which shall be contained in the record as the basis for granting such waiver(s). If any waiver is not granted, the application shall be returned to the applicant and no further consideration of the application shall occur until all requirements have been fully met.

2. Unless specifically indicated in the Submittal Requirements of a Section of this Ordinance, the applicant shall submit 12 copies of each item required for application. Copies of each item required for application, including the plans, shall be submitted on standard-size (8 1/2 x 11 or 11 x 17 inch) paper.

D. Application After Denial. An application for a Variance or Special-Use Permit, once denied by the Zoning Board of Review, cannot be submitted again absent a showing of a change of material circumstances in the time intervening between the two applications.

E. Fees. Fees for building and use permits, certificates of occupancy, and for all applications before the Town Council, the Planning Board, and the Zoning Board of Review shall be established by the Town Council and shall include, but not be limited to, the estimated cost of any publication and sending of notice. A schedule of fees shall be displayed in the Office of the Town Clerk.

F. Pre-Application. The Planning Staff or, in the absence of a Planning Staff, a Planning Board Committee appointed for this purpose, shall at the applicant's request, confer with the applicant prior to submission of the application to review the development proposal.

1. A pre-application conference is intended to allow the Town to:

a. Acquaint the applicant with the Comprehensive Plan and any specific plans that apply to the parcel, as well as the Zoning and other Ordinances that affect the proposed development;

b. Suggest improvements to the proposed design on the basis of a review of the sketch plan;

c. Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and

d. Help the applicant understand the steps to be taken to receive approval.

2. A pre-application conference is not required by the Town, but is recommended for all applications, particularly since the Planning Board and/or Planning Staff may submit written findings and recommendations on each application. The Town may, in fact, require that such a meeting take place for each application, if desired.

3. No determination made in the pre-application process shall be binding on any municipal boards and/or commission.

G. Vested Rights. Upon formal acceptance by the Zoning Board of Review of a complete and properly submitted application for development, that application shall be protected. Any application considered by the Town under the protection of this Section shall be reviewed according to the regulations applicable in the Zoning Ordinance in force at the time the Zoning Board of Review accepted the complete and properly submitted application.

H. Conditional Approvals. In granting a Variance or in making any determination upon which it is required to pass after a public hearing, the Zoning Board of Review may apply special conditions to that decision. These conditions may, in the opinion of the Board, be required to promote the intent and purposes of the Comprehensive Plan and the Zoning Ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. These special conditions shall be based on competent credible evidence on the record and shall be incorporated into the decision. Special conditions may include, but are not limited to, provisions for:

1. Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;

2. Controlling the sequence of development, including when it must be commenced and completed;

3. Controlling the duration of use or development and the time within which any temporary structure must be removed;

4. Assuring satisfactory installation and maintenance of required public improvements;

5. Designating the exact location and nature of development; and

6. Establishing detailed records by submission of drawings, maps, plats or specifications. (Section Amended October 6, 2008)