Enforcement

Land Development and Subdivision Review Regulations Town of Smithfield, RI

1. Responsibilities. The Planning Board shall adopt written procedures establishing the Committee's responsibilities.
2. Reports. Reports of the Technical Review Committee to the Planning Board shall be in writing and shall be kept as part of the permanent documentation on the development application. In no case shall the recommendations of the Technical Review Committee be binding on the Planning Board in its activities or decisions. All reports of the technical review committee shall be made available to the applicant prior to the meeting of the planning board meeting at which the reports are first considered.

ARTICLE C. ENFORCEMENT.

1. General. The Municipal Engineer shall enforce the provisions of the construction related provisions of these Regulations under the direction of the Administrative Officer and ensure compliance with the corresponding decisions of the Planning Board. The enforcement of all non-construction related provisions of these Regulations shall be performed by the Administrative Officer.
2. Violations.
   • a. Any person who fails or refuses to adhere to all of the terms and conditions of any subdivision of land or development plan that has been approved by the Planning Board or the Administrative Officer shall be in violation of these Regulations.
   • b. Any owner, or agent of the owner, who transfers, sells, or negotiates to sell any land by reference to or exhibition of, or by other use of, a plat of the subdivision before the plat has been approved by the Planning Board and, recorded in the Land Evidence Records shall be in violation of these Regulations.
   • c. Any person who, having submitted an application for subdivision or development approval, begins construction of the subdivision or development, or constructs any structure or improvement on the parcel, without having first received approval from the Planning Board or the Administrative Officer, shall be in violation of these Regulations.
3. Penalties for Violations. Any person adjudged in violation of these Regulations shall be liable for penalties not to exceed $500.00 (five hundred dollars) per day, and each day of existence of a violation shall be deemed a separate offense. Any such fine shall inure to the Town of Smithfield.
4. Stop Work Orders. Work initiated under a plan approved by the Planning Board may be halted by the Municipal Engineer or his authorized agent by written notification transmitted to the developer or owner for one or more of the following reasons:
   • a. Failure to construct the required improvements in accordance with the specifications approved by the Planning Board as required by these Regulations;
   • b. Violation of any of the provisions of these Land Development and Subdivision Review Regulations or any other applicable law, ordinance, rule or regulation related to the work or site of work; and
   • c. The existence of any condition or the performance of any act creating a hazard or endangerment to human life or property, or contrary to the spirit or intent of these Regulations.
5. Injunctive Relief.
   • a. The Town of Smithfield shall have the authority to bring suit in the Providence County Superior Court to restrain the violation of, or compel compliance with, the provisions of these Regulations.

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