Procedure for Appeals to Board of Appeal

Land Development and Subdivision Review Regulations Town of Smithfield, RI SECTION VIII. BOARD OF APPEAL. ARTICLE A. APPOINTMENT. Pursuant to the Rhode Island Land Development and Subdivision Review Enabling Act of 1992, the Town Council has established the Zoning Board of Review to be the BOARD OF APPEAL to hear appeals of decisions of the Planning Board and Administrative Officer on matters of review and approval of land development and subdivision projects. Said Board of Appeal shall also be known from time to time as the PLATTING BOARD OF APPEAL. ARTICLE B. POWERS of the BOARD of APPEAL. The Board of Appeal shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Planning Board or the Administrative Officer in the enforcement of the Land Development and Subdivision Review Regulations of the Town of Smithfield, hereinafter called the Regulations.

ARTICLE C. USE OF POWERS. In exercising the powers cited in Article B. above, the Board of Appeal may, in conformity with the provisions of the Regulations and in the proper exercise. of its discretion, reverse or affirm wholly or partly or may modify the decision appealed from and make such order, requirement, decision, or determination as ought to be made and that end shall have all the powers of the Planning Board or Administrative Officer from whom the appeal was taken. ARTICLE D. PROCEDURE_FOR APPEALS TO BOARD OF APPEAL.

1. Genera1.
   1. Any party aggrieved by a decision of the Planning Board or the Administrative Officer shall have the right to appeal that decision to the Board of Appeal by the following procedure:
      1. The appeal must be taken within twenty (20) days of the day the decision is recorded and posted in the Town Clerk's Office.
      2. The appeal shall be in writing and shall state clearly and unambiguously the issue or decision that is being appealed, the reason for the appeal, and the relief sought.
      3. The appeal shall either be sent certified mail, with a return receipt requested, or shall be hand-delivered, to the office of the Town Clerk.
      4. Upon receipt of an appeal, the Board of Appeal shall require the Planning Board or the Administrative Officer to transmit forthwith to the Board of Appeal all papers, documents and plans, or a certified copy thereof, constituting the record of the action that is being appealed.
      5. Appeals from a decision granting or denying approval of a final plan shall be limited to elements of the approval or disapproval not contained in the decision reached by the planning board at the preliminary stage, providing that a public hearing has been held on the plan pursuant to Section 45-23-42.
   2. An appeal shall stay all proceedings in furtherance of the action being appealed.
2. Public Hearing on Appeals to the Board of Appeal.
   1. The Board of Appeal shall conduct a Public Hearing on each appeal within forty-five (45) days of receipt of the Appeal by the Board.

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