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1. It is the policy of the Town of South Kingstown to periodically review and maintain a Comprehensive Community Plan as required by Title 45, Chapter 22.2, RI General Laws, also known as the Rhode Island Comprehensive Planning and Land Use Regulation Act, as amended ("the Enabling Act").
2. The Town may not amend its plan more than four (4) times in any one calendar year or as permitted by Section 45-22.2-12(C) of the Enabling Act. Therefore, the Town of South Kingstown, through its Town Council and Planning Board, will review requests for amendment to its Comprehensive Plan from the general public, not including Plan amendments initiated by the Town itself, twice per year in accordance with the policy and procedures set forth herein.
3. Approval of an amendment to the Comprehensive Plan shall require the approval of both the Planning Board and Town Council, after a public hearing(s) thereon.
4. Anyone requesting an amendment to the Comprehensive Plan shall apply to the Planning Department and shall submit an application for amendment upon forms to be provided by the Planning Department. The application forms shall contain, as a minimum, the following information:
N Name, address & telephone number of applicant (and property owner(s) if a map change is involved)
N Brief narrative describing the requested amendment and the reasons for such request
N If a map amendment is requested, the application shall indicate the nature of the requested change and include a copy of a proposed map showing the area to be changed drawn to a suitable scale. The application shall also identify the Assessor's Map and Lot number(s) affected by the proposed change and approximate area to be changed.
N If a specific text amendment is requested, a copy of proposed language must be submitted
N The Planning Director may request any other information which is necessary to permit expeditious review by the Town Council and Planning Board
N Filing fee (if applicable)
5. Upon receipt of a complete application, the Planning Department shall accumulate completed applications for future Planning Board review. The Planning Board shall review the accumulated requests for amendment two (2) times per calendar year, at a public hearing before the Board to take place in January and July. Applications shall be filed no later than December 15 for a hearing in January and June 15 for a hearing in July. At each such semiannual public hearing the Board shall review all applications currently on file and, within 30 days of the completion of the public hearing, take one of the following actions on the request:
A. Approval of the Plan amendment; or,
B. Approval with further revisions; or,
C. Denial of the Plan amendment; or,
D. Denial, with a recommendation for further study or revisions and resubmission at a later date.
In its motion, whether for approval, approval with revisions, or denial, the Planning Board shall make findings in writing indicating consistency or inconsistency of the amendment with the goals, findings, intent, and other provisions of the Enabling Act. Within ten (10) days of acting upon a Plan amendment, the Planning Board shall forward a notice of its actions to the Town Council in writing.
6. If the Planning Board denies a Plan amendment, the Town Council may hold a public hearing on said amendment should the majority of the Town Council direct the conduct of such a hearing within forty-five (45) days of receipt of such notice of denial. The procedure for conduct of said hearing shall be as set forth herein. Following the public hearing, the Town Council may take either of the following actions:
A. Deny the Plan amendment, in which case no further action is required; or,
B. Approve the Plan amendment, or approve it with revisions, and refer it back to the Planning Board with a request that the Planning Board reconsider its denial, setting forth its specific reasons therefor. No such approval by the Town Council shall become effective unless the Planning Board also approves the amendment.
7. If the Planning Board approves a Plan amendment, the Town Council shall hold a public hearing on such amendment within forty-five (45) days of receipt of such notice of approval. The procedure for conduct of said hearing shall be as set forth herein.
8. At their discretion, the Town Council and Planning Board may schedule more than one request for amendment for hearing on the same date. The Town Council and Planning Board may approve separate amendments as a group, and any such multiple approval shall be considered a single amendment for the purposes of conforming to the provisions of Section 45-22.2-12 (C) of the Enabling Act. A joint public hearing on any plan amendment or group of amendments may be conducted by the Planning Board and Town Council at their discretion.
9. Notice requirements for all public hearings shall be in the same manner provided in the Town Charter for the adoption of ordinances, as amended, except that the proposed Plan amendment need not be published in its entirety in a newspaper. The required procedure is repeated here as follows:
The Planning Board or Town Council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation in the Town at least once at least seven (7) days prior to the date of the scheduled public hearing. At this hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed plan amendment. Newspaper notice shall:
A. Specify the place of the hearing and the date and time of its commencement;
B. Indicate that adoption, amendment or repeal of the provisions of the Comprehensive Plan is under consideration;
C. Contain a statement of the proposed amendments to the plan which summarizes and describes the matter under consideration. The full text or map of the proposed plan amendment need not be published in its entirety; and,
D. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied.
Within fourteen (14) days after final passage, each amendment shall be published by reference at least once in a newspaper of general circulation in the Town.
10. Any approval of a plan amendment by the Town Council or Planning Board shall be granted with the condition that the plan amendment shall not become binding on the State of Rhode Island or any of its agencies until it has been approved by the State of Rhode Island, in accordance with the manner prescribed in the Enabling Act, as amended. The amendment shall become effective as to the Town upon adoption by both the Planning Board and Town Council. The Director of Planning shall be responsible for forwarding any Plan amendments to the State for review and approval.
11. Amendments to the Plan initiated by the Town, through the Planning Board or Town Council, shall follow the procedures set forth herein except that the Planning Board and Town Council may schedule meetings to review Plan amendments and may schedule public hearings on proposed adoption of Plan amendments without regard to the semiannual plan review schedule required for amendments requested by the general public.
12. Fees for Comprehensive Plan amendments requested by the general public may be established by resolution of the Town Council from time to time.
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