"Voted: That the Code of the Town of Little Compton be adopted in its entirety and that all permanent general ordinances or sections of ordinances now in effect that are inconsistent with or not included in the Code are hereby repealed."

A true copy,

Attest:

/S/ Philip B. Wilbur

Town Clerk

CHAPTER I GENERAL

1-1 Code Designated and Cited.

The ordinances embraced in the following chapters and sections shall constitute and be designed "The Code of the Town of Little Compton, Rhode Island, 1981," and may be so cited.

1-2 Definitions.

For the purpose of this Code, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require:

"Clerk" or "Town Clerk" shall mean the municipal clerk duly elected pursuant to law.

"Department" shall mean an organizational unit of the government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the Town Council.

"Ordinance" shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it is adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law.

"Person" shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.

"Town" shall mean the Town of Little Compton in the County of Newport and State of Rhode Island.

"Council" or "Town Council" shall mean the "Town Council of the Town of Little Compton".

"County" or "this County" shall mean Newport County, Rhode Island.

"State" or "this State" shall mean the State of Rhode Island.

"Street" shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, thoroughfare, culvert, sidewalk, and crosswalk, and every class of road, square, place or municipal parking field used by the general public.

"Month" shall mean a calendar month unless otherwise specifically provided.

"Year" shall mean a calendar year unless otherwise specifically provided.

"Licensed" shall mean licensed in accordance with the appropriate section or chapter of this Code.

State law references. Whenever reference is made to the "General Laws" or "Gen. Laws", this shall mean the General Laws of Rhode Island, 1956, as amended. Whenever reference is made to "Public Laws" or "P.L.", this shall mean the Public Laws of Rhode Island.

All words giving joint authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or persons.

1-3 Construction.

For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:

The present tense includes the past and future tenses and the future, the present.

The masculine gender includes the feminine and neuter.

The singular number includes the plural and the plural the singular.

"Shall" is mandatory and "may" is permissive.

The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday, or a day on which the offices of the town are closed, that day shall be excluded.

"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.

Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of Rhode Island during any day in any year.

Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinances as amended, whether or not such designation is included in the citation.

"Chapter" shall mean one of the major divisions of the Code identified by a Roman numeral and divided by subject matter.

"Section" shall mean a major subdivision of a chapter.

"Subsection" shall mean a subdivision of a section, identified by a decimal number.

"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter or Arabic number.

1-4 Severability.

If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code.

1-5 Penalty.

1-5.1 General Penalty.

Except where otherwise provided in this Code, whenever in this Code or in any ordinance of the town any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not exceeding twenty ($20.00) dollars and cost of prosecution or by imprisonment not exceeding ten days or by both such fine and imprisonment.

1-5.2 Separate Violations.

Except as otherwise provided, every day in which a violation of any provision of this Code or any other ordinance of the town exists shall constitute a separate offense.

1-5.3 Application.

The penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case of violation.

CHAPTER II ADMINISTRATION

2-1 Town Council.*

2-1.1 Composition.

a. The Town Council shall be composed of five (5) members elected at large.

(Ord. 3/4/93)

2-1.2 Officers.

a. The officers of the Council shall be a President and a Vice-President.

b. The President:

1. Shall preside over Council meetings;

2. Shall have at Council meetings:

(a) Code of the Town of Little Compton;

(b) Robert's Rules of Order Newly Revised;

(d) Current list of Town officers and employees;

(e) Current list of Town boards, committees and commissions, with terms of office.

3. May call a special meeting of the Council;

4. Shall call a special meeting of the Council at the written request of two (2) Councilors;

5. Shall have the primary duty of Administration/Finance/Law ex officio.

6. Shall serve as the Local Emergency Management Agency Director.

c. The Vice-President:

1. Shall assume the duties of the President in the absence of the President;

2. Shall have the duty of Administration/Finance/Law ex officio as assigned by the Council.

d. The Council shall elect officers at its first meeting upon the installation of all five (5) members pursuant to a general election.

(Ord. 3/4/93)

2-1.3 Exercise of Powers.

a. Powers of the Council may be exercised only by vote of a formal Council meeting.

b. A Councilor must be present at a meeting in order to vote.

c. Individual Councilors, including Council officers, may propose acts to the Council, but except for the calling of special meetings cannot individually bind the Council or the Town to actions, contracts or obligations of any kind without specific authorization by the Council.

d. The Council may delegate and assign to individual Councilors and to other persons the duties of implementing Council votes and conducting Town business.

e. Council meetings and records are subject to State laws including but not limited to the Open Meetings Law (Gen. Laws 42-46) and the Public Records Law (Gen. Law 38), which set forth certain grounds whereby a meeting or a record may be kept wholly or partly confidential for a certain period of time. The Solicitor shall advise the Council when it may lawfully take such action, and the Council shall clearly explain to the public the legal basis for any such action.

(Ord. 3/4/93)

2-1.4 Agenda and Notice.

a. The Clerk shall type and distribute the agenda.

b. The general form and order of the agenda shall be determined by the Council from time to time.

c. Any person wishing to bring matters before the Council may request, by written communication to the Town Council, that matters be entered on the agenda.

d. Written communications placed on the agenda shall be available for public inspection by any person upon request to the Clerk during regular business hours. Communications shall be stamped (date and time) upon receipt in the Clerk's office.

e. The deadline for inclusion of matters on the agenda for a regular Thursday Council meeting shall be 4:00 p.m. on the Monday preceding the meeting, except when the Town Hall is closed on Monday, whereupon the deadline shall be moved up to 12:00 noon on the following day. However, bills to be paid shall be presented no later than 12:00 noon on the day of deadline.

f. A matter may be submitted at a Council meeting upon a unanimous vote of all Councilors present.

g. The Clerk shall prepare packets containing (i) the agenda and (ii) pertinent documents arranged in the agenda's order by 4:00 p.m. on the Tuesday before the Thursday meeting.

h. Copies of the packet shall be distributed to:

1. Councilors.

2. Town Solicitor.

3. Brownell Library.

i. Copies of the agenda shall be:

1. Posted at:

(a) Town Hall, inside and outside

(b) Stores where permitted

(1) By police.

2. Distributed to:

(a) Building Official

(b) Fire Department

(d) Police Department

(e) Tax Assessors

(f) Town Treasurer

(g) Zoning Board of Review

3. Mailed to:

(a) State Representative

(b) State Senator

4. Available to:

(a) The public and the media, free of charge, at the Clerk's Office and at meetings.

(Ord. 3/4/93)

2-1.5 Meetings.

a. Regular meetings of the Town Council shall be held on the first Thursday after the first Monday of each month, and two (2) weeks later on Thursday, at 7:00 p.m. or at such other hours as the Council may designate; and if any such date shall occur on a legal holiday, the meeting for that week shall be held on such date as the Council may determine at the previous meeting.

b. The Clerk shall record by minutes all Council meetings except Open Forums.

c. The Town Solicitor shall be present at Council meetings as requested.

d. The President while occupying the Chair may make or second and vote on any motion and also may call a brief recess at any time without a vote.

e. Any resolution or ordinance containing more than one part or section, may be passed either part by part, or section by section, at the request of any Councilor.

f. Consent Calendar.

1. When the President determines that any item of business requires action by the Council but is of a routine and non-controversial nature, the President may cause such item to be presented as part of a Consent Calendar at a regular meeting of the Council.

2. The Consent Calendar shall be introduced by a motion "To approve the Consent Calendar" and shall be considered by the Council as a single item.

3. Each item on the Consent Calendar shall be accompanied by a brief description thereof and of the action proposed by the President.

4. There shall be no reading, debate or discussion by any member of the Council regarding any item on the Consent Calendar beyond asking questions for simple clarification.

5. On objection by any Councilor to inclusion of any item on the Consent Calendar, that item shall be removed from the Consent Calendar forthwith. Such objection may be recorded at any time prior to the vote on the motion to approve the Consent Calendar. Any item so objected to shall be considered elsewhere on the agenda as determined by the Council.

6. Approval of the motion to approve the Consent Calendar shall be fully equivalent to taking the proposed action on each item of business, exactly as if each had been acted on individually.

g. Open Forums.

1. The Council may schedule and hold informal open meetings with the citizens on a regular basis. Such meetings shall be known as Open Forums. Citizens are encouraged to attend Open Forums in order to resolve problems, questions, requests and suggestions, or just to say hello and get acquainted. Children are welcome at Open Forums.

2. At least two (2) Councilors shall be present during an Open Forum. Councilors shall participate in Open Forums on a rotating basis.

(Ord. 3/4/93)

2-1.6 Assignment of Duties.

a. The Council shall assign duties to the Councilors at the first meeting following the installation of all Councilors pursuant to a general election, or as soon as possible thereafter. The Council may reassign duties at any meeting.

(Ord. 3/4/93)

2-1.7 Citizens' Access to Government.

a. The Council shall notify the public of all vacant positions and expiring terms on Town boards, commissions and committees, and shall invite, receive and consider written applications from the public at a regular meeting following a regular meeting where such public notice was given.

b. Citizens are encouraged to contact Councilors for the purpose of resolving problems, questions, requests and suggestions, but only after making a good faith effort to resolve such matters with the appropriate Town officers and employees.

c. Citizens are encouraged to contact a Councilor whose assigned duties cover the citizen's problem, question, request or suggestion. However, citizens may freely contact any Councilor on any matter.

d. The Clerk shall maintain current notices concerning:

1. Names and phone numbers of Town Councilors, officers and employees; and

2. Councilor's assignment of duties.

(Ord. 3/4/93)

2-1.8 Limitations on Office Holding.

a. Term of Office. Councilors shall be elected to serve for a term of two (2) years, or until their successors are elected and qualified, whichever shall occur later.

b. No Dual Office Holding. No member of the Town Council of the Town of Little Compton, Rhode Island, shall hold other paid public office or employment in the service of the Town of Little Compton, Rhode Island, except that of notary public, justice of the peace, or volunteer fireman, and no member of the Council shall be eligible to hold any other paid local Town office during his or her tenure on the Council or for a period of one (1) year thereafter.

(Ord. 3/4/93)

2-2 Town Officers and Employees.*

2-2.1 Probate Judge.

a. Appointment; Requirements. No person shall be appointed or elected as Judge of Probate unless he shall have been admitted to practice as an attorney-at-law before the Supreme Court of this State, and shall have had at least five (5) years experience in active practice of the law in the courts of this State.

(Ord. 4/20/72; Ord. 5/4/78)

b. Term; Salary of Judge. The term of office shall be a two year appointment and shall run from July 1 until June 30. The Judge shall be paid on a salary basis and the Town Clerk shall be designated as Clerk of the Court as provided by law. All fees collected shall be transmitted to the Town Treasurer to be deposited in the general funds of the Town. (Ord. 1/8/77; Ord. 8/22/96)

2-2.2 Town Clerk.

a. Election. There shall be a Town Clerk who shall be elected at each general election for a term of two (2) years and until his successor is elected and qualified.

b. Deputy Town Clerk. There shall be a Deputy Town Clerk appointed by the Town Clerk with approval of the Town Council. The Deputy Town Clerk shall have all the powers and perform all the duties which are granted to the office of Town Clerk.

c. Powers and Duties. The Town Clerk shall be the Clerk of the financial town meeting, Clerk of the Town Council, Clerk of the Probate Court, and the Recorder of Deeds. It shall be the duty of the Town Clerk to:

1. Make a permanent record of all proceedings and certify by his signature all actions of the aforesaid bodies;

2. Be custodian of the Town seal and of the official documents and records of the Town;

3. Direct and supervise the recording of deeds, mortgages, vital statistics, licenses and permits and such other records as shall by ordinance and law be required to be kept by the Town Clerk;

4. Issue marriage licenses, burial permits and such other licenses and permits as are required by ordinance and law to be issued by Town Clerks;

5. Be responsible for receipt and distribution of all correspondence to the Town and maintenance of a central filing system for all Town boards, commissions, and committees.

6. Perform such other duties as may be prescribed by law pertaining to Town Clerks, and such other duties appropriate to his office as the Town Council may require.

d. Salary and Fees. The Town Clerk and Deputy Town Clerk shall receive such annual salaries as shall be fixed by the financial town meeting. All fees collected by either the Town

Clerk or the Deputy Town Clerk shall be transmitted to the Town Treasurer and deposited in the general funds of the Town unless otherwise directed by the laws of the State.

e. Bonds. The Town Clerk and Deputy Town Clerk shall respectively within fifteen (15) days of the time of being sworn into office give bond to the Town Treasurer with sufficient surety in such sum as the Town Council shall prescribe for the faithful performance of the duties of said office, the cost of such bonds to be paid by the Town.

(Ord. 1/8/87)

2-2.3 Town Solicitor.

There shall be a Town Solicitor appointed by the Town Council within thirty (30) days following its election, to serve for a term of two (2) years or until his/her successor is appointed. Any person so appointed shall be a member of the bar of the State of Rhode Island in good standing. He/she should have significant experience in municipal law including, but not limited to, labor arbitration, zoning, planning, land use, Town Meeting form of government, litigation in the District Court (the prosecution of misdemeanors such as driving while intoxicated, domestic assault, etc.), Family Court (juvenile prosecution), Superior Court (zoning appeals and other litigation), Supreme Court, and Federal Court.

The Town Solicitor need not devote full time to the duties of his/her office. He/she shall receive such compensation for his/her services as may be determined by the Council and the Financial Town Meeting. The Town Solicitor shall provide legal counsel to the Council and other Town boards, commissions, and departments on all legal matters. He/she shall appear for and protect the rights of the Town in all actions, suits or proceedings, civil or criminal, brought by or against the Town or for or against any of its officers, departments or agencies, and shall perform such other duties as the Council may require. (Ord. 1/7/93)

2-3 Planning Board.

2-3.1 Planning Board Established.

In accordance with Title 45, Chapter 22 of the General Laws of Rhode Island as amended, there is hereby established a Planning Board for the Town of Little Compton. (Ord. 8/23/73, §1)

2-3.2 Membership.

The Planning Board shall consist of nine (9) members resident of the Town of Little Compton. Appointments shall be made by the Town Council for terms of four (4) years, with no more than three (3) terms to expire each year. A vacancy in the membership of the board shall be filled by the Town Council for the remainder of the unexpired term. Any Planning Board member may be removed by the Town Council for due cause following a public hearing. (Ord. 8/23/73, §2; Ord. 3/21/74; Ord. 3/28/83, §1)

2-3.3 Compensation.

Members of the Planning Board shall serve without compensation. The Planning Board members may be reimbursed within the limitations of funds appropriated for expenses incurred in the performance of their duties. (Ord. 8/23/73, §3)

2-3.4 Organization of the Planning Board.

The Planning Board shall organize annually by electing a chairman, vice chairman and a secretary. The Planning Board may adopt by-laws for the performance of the duties prescribed in this section. (Ord. 8/23/73, §4)

2-3.5 Technical Assistance.

Within the limits of the funds appropriated for its use, the Planning Board may engage technical or clerical assistance to aid in the discharge of its duties. The Planning Board may, subject to the approval of the Town Council and within the limits of funds appropriated to it, enter into cooperative agreements with private, State, regional or Federal agencies or other cities or towns for technical assistance and studies deemed to be in the best interest of the community. (Ord. 8/23/73, §5)

2-3.6 Duties of the Planning Board.

a. The Planning Board shall prepare and adopt a comprehensive plan for the future development of the Town of Little Compton. Such plan shall, among other things, show the general arrangement of and goals, objectives, and standards for land use, transportation routes and facilities, public facilities and services, renewal or rehabilitation programs, housing programs, conservation areas, historic preservation areas and environmental protection programs, together with recommended programs of action and improvement deemed necessary to implement the features of the plan. The Planning Board may hold public hearings on the comprehensive plan or elements thereof and shall adopt this plan or elements as a guide to planning board actions related to the features contained in the plan. The Town Council may, following a public hearing, adopt a comprehensive plan or any portion thereof previously adopted by the Planning Board and recommended to the Town Council by the Planning Board. Adoption of such a comprehensive plan or portion thereof by the Town Council shall bind said Council to this plan or portion thereof in any future action related to features in the plan. The adopted comprehensive plan or any element thereof may be modified or amended by the Town Council following a public hearing. At least thirty (30) days prior to the date of public hearing said modification or amendment shall be referred to the Planning Board for an advisory opinion. Failure of the Planning Board to forward a recommendation to the Town Council within this thirty (30) day period shall be deemed an approval of the modification or amendment by the Planning Board. The affirmative vote of at least two-thirds (2/3) of the Town Council shall be necessary to enact any modification or amendment to the comprehensive plan or element thereof where the Planning Board has rendered an adverse decision. At intervals of no greater than five (5) years, the Planning Board shall review said comprehensive plan or elements thereof and make any modifications, amendments or additions deemed necessary in the light of current and projected community development trends and needs. Any such modifications shall be recommended to the Town Council and adopted in the manner prescribed above.

b. The Planning Board shall make studies of the resources and needs of the town with reference to its physical, economic, and social growth and development as affecting the health, safety, morals and general welfare of the people. Such studies, plans and reports may concern, among other things, the following:

1. Land use and land use regulations.

2. Transportation facilities.

3. Public utilities.

4. Public facilities and site locations including recreation areas, schools, fire, police and other principal structures and developments.

5. Blighted areas including plans for redevelopment, renewal, rehabilitation or conservation.

6. Problems of housing and the development of housing programs.

7. Natural resource conservation.

8. Environmental protection.

9. Protection from disaster.

10. Economic and sociological characteristics.

11. Preservation of historic sites and buildings.

12. Economic development.

c. When directed by the Town Council, the Planning Board shall prepare an annual capital budget and a comprehensive six (6) year capital improvements program.

d. The Planning Board shall submit an advisory opinion and recommendation on all zoning matters referred to it or any other matter referred to it by the Town Council.

e. The Planning Board shall have the authority to call upon other departments, boards, and committees of the Town of Little Compton and upon regional, State and Federal agencies for assistance in the performance of its designated functions and shall cooperate with such city or town, regional, State and Federal agencies on matters of community, regional and State planning.

f. The Planning Board shall carry out such other duties as may be assigned to said board from time to time by any act of the general assembly or by any ordinance, code, regulation, order or resolution of the Town Council.

(Ord. 8/23/73, §6)

2-3.7 Reports.

The Planning Board shall submit an annual report to the Town Council summarizing the work of the preceding year and recommending programs, plans and actions for future development before March 1. A copy of the annual report shall be forwarded to the Rhode Island Department of Community Affairs. All studies, plans, and reports of the Planning Board shall be submitted to the Town Council and to any other designated agency or official and thereafter, upon approval of the Town Council may be published for general distribution. (Ord. 8/23/73, §7)

2-4 Conservation Commission.

2-4.1 Creation, Purpose.

There is hereby created a commission, to be called the Conservation Commission, the purpose of which is to promote and develop the natural resources, to protect the watershed resources, and to preserve natural esthetic areas within the Town of Little Compton. Such Commission shall conduct researches into local land areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes. It may recommend to the Town Council a program for the better development, utilization, or preservation of open areas, streams, shores, wooded areas, roadsides, swamps, marshlands, and natural esthetic areas. It shall keep accurate records of its meetings and actions, and shall file an annual report with the Town Council. (Ord. 5/6/71)

2-4.2 Members; Term; Election of Officers; Vacancy.

The Commission shall consist of seven (7) members appointed by the Town Council. The members of such Commission shall be appointed for three (3) year terms, except the initial appointments of the members shall be as follows: two (2) members for one (1) year; two (2) members for two (2) years; three (3) members for three (3) years. At the first meeting of the Commission, the members shall elect a chairman, a vice-chairman and a secretary, and shall organize such subcommittees as they shall deem necessary for the performance of their duties. In the event of a vacancy, interim appointments may be made by the appointing authority to complete the unexpired term of such position. Duly incorporated and existing wildlife, conservation, sportsmen's horticultural, or like organizations may present to the appointing authority a list of qualified citizens from which lists the appointing authority must select at least three (3) members of the Commission and from which lists the appointing authority may select the remainder. (Ord. 5/6/71)

2-4.3 Meeting Open to Public.

All meetings of the Commission shall be open to the public, and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the Commission before it reaches its decision. All records of its proceedings, resolutions, and actions shall be open to public view. (Ord. 5/6/71)

2-4.4 Notification of the Board Required on Any Matter Concerning Natural Resources.

To effectuate coordination of related endeavors, the Town Planning Board, Zoning Board of Review, and any other board, commission or agency concerned with resource use shall notify the Conservation Commission of any proposals concerning natural resources made by or to any of them. (Ord. 5/6/71)

2-5 Little Compton Free Public Library.

2-5.1 Trustees.

The Little Compton Free Public Library shall be governed by a Board consisting of five (5) trustees appointed by the Town Council. Terms of the Trustees shall be for three (3) years with no more than two (2) terms to expire each year on October 15. The Trustees will elect a Chairman and other officers that they deem necessary. Trustees shall serve without compensation. (Ord. 4/7/94)

2-6 Purchasing Procedure.

2-6.1 Requirements.

a. The purchasing procedures shall require that all purchases and contracts executed on behalf of the town in excess of one thousand ($1,000.00) dollars be made pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged and no contract or order shall be issued until the Treasurer shall have certified that there is sufficient appropriation balance as of last posting to the credit of such office, department or agency to pay for the supplies, material, equipment or contractual services for which the contract or order is to be issued. The Council shall not authorize final payment in any such instance until it is satisfied that proper procedures have been followed and payment is in order.

b. All expenditures of Town funds for any one item, order, or specific job, in an amount exceeding five thousand ($5,000.00) dollars, shall be the result of:

1. Competitive sealed bidding

2. Competitive negotiations

3. Non-competitive negotiations as set forth in 45-55 of the General Laws of R.I.

c. All purchases for amounts between one thousand ($1,000.00) dollars and five thousand ($5,000.00) dollars shall be made on the basis of the solicitation of three (3) telephone or verbal request bids, a written record of which shall be forwarded to the Purchasing Agent.

(Ord. 2/4/93; Ord. 4/7/94; Ord. 1/7/99)

2-6.2 Bids from Little Compton Persons, Firms or Corporations.

In the event that a Little Compton person, firm, or corporation should submit a bid for an item as defined in subsection 2-6.1, and the said local person, firm, or corporation should not be the low bidder, if the said local person, firm, or corporation makes a bid within five (5%) percent of the low bid, said five (5%) percent being based upon the total amount of the bid provided it not exceed five hundred ($500.00) dollars above the low bid, the Town Council may, if all other things are equal, award the bid to the local person, firm, or corporation. (Ord. 2/4/93; Ord. 4/7/94; Ord. 117/99)

2-6.3 Exception.

The provisions of subsections 2-6.1 and 2-6.2 of this section need not apply to professional engineering/architectural services. (Ord. 2/4/93; Ord. 4/7/94; Ord. 1/7/99)

2-6.4 Purchasing Agent.

The Town Council shall be the Purchasing Agent for the Town. (Ord. 2/4/93; Ord. 4/7/94; Ord. 1/7/99)

2-6.5 Emergency Procurements.

Where there exists a threat to public health, welfare, or safety the Town Council may make or authorize others to make emergency procurements. (Ord. 2/4/93; Ord. 4/7/94; Ord. 1/7/99)

2-7 Conduct of Meetings.

Unless otherwise provided for in the Code of the Town of Little Compton, or in the General Laws of Rhode Island, meetings of all officially constituted boards, commissions, and committees shall be governed by the current edition of Robert's Rules of Order Newly Revised. (Ord. 5/5/83; Ord. 4/7/94)

2-8 Smoking in Town Buildings.

There shall be no smoking in any Town building that is under the control of the Town Council. (Ord. 4/7/94)

2-9 Little Compton Housing Trust.

2-9.1 Authorization and Purpose.

There is hereby authorized a nonprofit corporation (to be duly incorporated by the Rhode Island Secretary of State), to be called the Little Compton Housing Trust (hereinafter Housing Trust), the purpose of which is to serve as an advocacy group for any person or group desiring to address the problem of housing affordability or housing for the elderly, those with special needs and families of low and moderate income. The Housing Trust shall generally oversee the implementation of the Affordable Housing Plan of the community, shall monitor long term housing affordability for the community, and advise the Town of Little Compton in its efforts and support the Town's goal of diversifying the housing stock. The Housing Trust shall also advise the town in its amendment of the Affordable Housing Plan. (Ord. 5/19/05)

2-9.2 Authority and Bylaws.

The Housing Trust shall have the authority to receive State and Federal grant money, contract with housing agencies such as Rhode Island Housing and Church Community Housing Corporation, contract for consultant services, and establish a Housing Trust Fund for the community. The Housing Trust shall also have the authority to receive real estate, by any manner including grant, gift, bequest or purchase, and to convey or lease real estate and/or buildings, so long as such conveyances shall be in keeping with the purposes of the Housing Trust. The Housing Trust shall be governed by a Board of Directors (also known as Board of Trustees) which shall adopt Bylaws governing the conduct of the affairs of the Housing Trust, provided that such Bylaws and any subsequent amendment thereto shall be subject to the approval of the Town Council. (Ord. 5/19/05)

2-9.3 Board of Trustees; Term; Officers; Subcommittees; Vacancy.

The Housing Trust shall be administered by the Board of Trustees, consisting of seven (7) trustees appointed by the Town Council. A minimum of four (4) of the trustees shall be electors of the Town of Little Compton. One (1) of the trustees shall be a member of the Town Council, selected by the Town Council for a two (2) year term in November of the year of the election of Town Council members. The remaining trustees shall be appointed for five (5) year terms, except the initial appointments of the trustees shall be as follows: two (2) trustees for five (5) years, two (2) trustees for three (3) years and two (2) trustees for two (2) years. Trustees may hold any other Federal, State, or municipal office. The trustees shall elect a president, treasurer and secretary for one (1) year terms beginning in the month of July. The Housing Trust shall organize such subcommittees as it shall deem necessary for the performance of its duties. In the event of a vacancy, interim appointments may be made by the Town Council to complete an unexpired term. At the expiration of a term, the trustees shall present to the Town Council a list of not less than three (3) qualified candidates for each vacancy, and the Council shall take into consideration these recommendations when making appointments. Trustees may be reappointed without limitation. (Ord. 5/19/05)

2-9.4 Meetings and Records.

Decisions of the trustees shall be by majority vote of those present and voting, and no business shall be transacted without four (4) members present. The Housing Trust shall comply with all provisions of State and local law regarding Ethics Commission reporting; open meetings and access to public records. The trustees shall keep accurate records of their meetings and actions and shall file an annual report which shall be printed in the annual Town report. (Ord. 5/19/05)

CHAPTER III POLICE REGULATIONS

3-1 Disturbing the Peace. 1

3-1.1 Excessive Noise Prohibited.

It is hereby declared to be a nuisance and it shall be unlawful for any person to make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him or upon any public street in the Town any unnecessary noises or sounds by means of the human voice or by any other means or methods which are physically annoying to persons or which are so harsh or prolonged, unnatural or unusual in their use, time and place as to occasion physical discomfort or which are injurious to the lives, health, peace and comfort of the inhabitants of the Town. (Ord. 4/10/80, §1)

3-1.2 Loudness of Radio, Phonograph or Musical Instrument; Night Requirements.

It shall be unlawful for any person to use, operate, or permit to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or service between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (Ord. 4/10/80, §2)

3-1.3 Mufflers Required.

It shall be unlawful for any person to operate any noise-creating blower or power fan or any internal

combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (Ord. 4/10/80, §3)

3-1.4 Penalty.

Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding one hundred ($100.00) dollars or punished by imprisonment for not more than thirty (30) days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such, hereunder.

3-2 Disorderly Conduct. 2

3-2.1 Disorderly Conduct Enumerated.

No person, acting alone or in concert with others, may engage in conduct which violates any of the following:

a. Any person who shall act in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his life, limb or health; or

b. Any person who shall act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged; or

c. Any person who shall in a public place use "fighting words" or language or words which by their very utterance inflict injury to or tend to incite outrage and immediate turmoil; or

d. Any person who shall use violent and forceful behavior at any time in or near a public place, such that there is a clear and present danger that free movement of other persons will be incapacitated in the lawful exercise of business or amusement; or

e. Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another; or

f. Any person who shall assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl; or

g. Any person who shall disturb the peace of others by violent, indecent, offensive or boisterous conduct or language which said conduct or language was calculated to cause anguish or injury to another; or

h. Any person who shall be found roughly crowding or pushing any person in any public place; or

i. Any person who shall throw any stone, or any other missile upon or at any person, vehicle, building or other public or private property; or

j. Any person who shall throw any stone or other missile from any vehicle, either moving, stopped or parked, upon or at any person, building or other public or private property; or

k. Any person who shall by acts of violence interfere with another's pursuit of a lawful occupation; or

l. Any person who shall urinate, or defecate on any public street, alley, sidewalk or floor of any public building or a building where the public gathers or has access; or

m. Any person who shall wantonly make a false alarm with reference to the request of fire fighting apparatus, or cries "fire" in any public place for the sole purpose of causing turmoil; or

n. Any person who shall prowl or wander upon the private property of another or peek in the door or window of any inhabited dwelling or home located upon private property without lawful business with the owner or occupant thereof; or

o. Any person who shall congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by a peace officer or other person having authority. (Ord. 4/8/76, §1)

3-2.2 Enforcement and Penalty.

Enforcement of the provision of this section and order of prosecution for any violation thereof is vested in the authority of the Chief of Police. Any person violating any provision of this section shall be punished by a fine of not more than twenty ($20.00) dollars or by imprisonment not exceeding five (5) days. This section is in addition to and, in no way a limitation upon existing Town Ordinances regulating personal conduct. (Ord. 4/8/76, §2; Ord. 6/23/77)

3-3 Drinking and Sleeping in All Public Areas.

3-3.1 Consumption of Alcoholic Beverages in Public Places Prohibited.

The consumption of alcoholic beverages of any kind or the possession of any open container thereof is prohibited in all public places, including beaches, parks and streets in the Town with the exception of those places licensed for the consumption of alcoholic beverages. It shall be a misdemeanor for any person to consume alcoholic beverages, or have in his or her possession any open container thereof, in any public area within the Town. (Ord. 6/8/78, §1)

3-3.2 Sleeping in Public Areas Prohibited.

There shall be no sleeping in any public area of the Town, including beaches, parks, streets and automobiles parked in any public area, between the hours of 10:00 p.m. and 8:00 a.m. It shall be a misdemeanor for any person to sleep in any public area of the Town except those places which provide sleeping accommodations for transient visitors, or except where special permission has been granted by the Town Council. Requests for special permission shall be filed in writing in the office of the Chief of Police.

The authority of the Town Council in granting permission under the above paragraph in reference to the Town Beach at the South Shore is delegated to the Chairman of the Beach Commission. (Ord. 6/8/78, §2; Ord. 6/29/78)

3-3.3 Penalty.

Every person found guilty of violating this section shall be fined not more than twenty ($20.00) dollars or imprisoned not more than five (5) days.

3-4 Damaging Public Property; False Alarms.

3-4.1 Damage to Public Property; Penalty.

Every person who shall willfully injure, damage or deface any public properties belonging to the Town shall be fined not less than twice the amount of the damage done, unless that amount shall exceed twenty ($20.00) dollars; and if that amount shall exceed twenty ($20.00) dollars, he shall be imprisoned not exceeding one (1) year. (Ord. 8/11/58, §1)

3-4.2 False Alarms.

Any business, residence, or other property to which the Police, Fire, or other Town department responds in response to a house false alarm or security device and:

a. There is a malfunction in the system,

b. A pet activates the alarm or device,

c. The owner or another authorized person activates the alarm or device,

d. Any other reason except that which the alarm or device is designed to operate, (including but not limited to: break-in, house invasion, burglary, fire) will incur the following penalties:

First offense: Written warning

Second offense: Twenty-five ($25.00) dollars fine

Third offense: Fifty ($50.00) dollars fine

Fourth offense and each subsequent offense: One hundred ($100.00) dollars per incident

If the Police, Fire and other Town departments have not responded to a false alarm within a one-year period then all prior offenses will be erased from record and the next such violation will be considered the first offense.

(Ord. 6/19/03)

3-5 Hunting.

3-5.1 Hunting Prohibited Unless Written Permission Is Secured.

No person shall hunt, take or kill any wild bird or animal at any time within the Town provided, however, that nothing herein contained shall prohibit an owner or a tenant of land from hunting and killing wild birds or animals thereon and persons who have the consent in writing of the owner or tenant, pursuant to the Fish and Game Laws of the State of Rhode Island. (Ord. 2/5/70, §1)

3-5.2 Permission to Be Countersigned by Chief of Police.

No person shall hunt, take or kill any wild bird or animal at any time on the land of another without a written permit from the owner or tenant of said land countersigned by the Chief of Police or his deputy, pursuant to the Fish and Game Laws of the State of Rhode Island. (Ord. 2/5/70, §2)

3-5.3 Annual Renewal Required.

All permits shall be renewed annually and may be revoked by parties issuing the same. (Ord. 2/5/70, §3)

3-5.4 Proximity to Buildings.

No person shall discharge any firearm within five hundred (500) feet of a dwelling or structure without specific permission of the owner or tenant thereof. It shall be unlawful to hunt along or across a highway. (Ord. 2/5/70, §4)

3-5.5 Violations; Penalty.

Any person violating any of the provisions of this section shall be fined not more than twenty ($20.00) dollars, or imprisonment not exceeding five (5) days. (Ord. 2/5/70, §5; Ord. 6/23/77)

3-5.6 Hunting on Sunday Prohibited.

a. No person shall use or discharge any weapon of any kind or description, including but not limited to any bow and arrow, rifle, musket, pistol, shotgun, blunderbuss or fowling piece in the pursuing of hunting animals or birds in the Town on the first day of the week, commonly known as Sunday.

Notwithstanding the above, bow and arrow may be used for the hunting of deer only on private land with written permission of the landowner countersigned by the Chief of Police. The hunter must file with the Chief of Police a copy of his/her valid State of Rhode Island bow-hunting license.

b. Any person violating the provisions of this section shall be fined not exceeding twenty ($20.00) dollars or shall be imprisoned not more than ten (10) days, for each offense.

(Ord. 10/14/46, §1, 2; Ord. 11/9/95; Ord. 7/11/02)

CHAPTER IV ANIMAL CONTROL

4-1 Control and Licensing of Dogs. 1

4-1.1 Impounding Dogs Which are Threatening or Menacing.

No person, being the owner of or having the charge or custody of any dog, shall allow such dog to go at large upon any highway within the Town so as to be a public menace. Any dog found in this Town off the owner's or keeper's premises, acting in a threatening or menacing manner, or biting or attempting to bite any person so as to constitute a public menace, shall be impounded. (Ord. 6/11/62, §1)

4-1.2 Barking, Biting or Howling Dogs.

If a complaint is made to the Chief of Police or the Animal Control Officer about any dog within the Town, which, by barking, biting, howling, by reason of doing damage to property, or in any other way or manner, disturbs or annoys any person, the Chief of Police or the Animal Control Officer shall investigate the matter. If, after investigation, they shall find facts to warrant the complaint, and if after due notice to the person owning or keeping such dog or permitting such dog to be kept, the Chief of Police or Animal Control Officer ascertain that the nuisance is not abated, the Chief of Police or Animal Control Officer shall give notice to such person owning or keeping the dog or permitting the dog to be kept to forthwith remove such dog and keep him beyond the limits of the Town or destroy him; and such person shall thereupon cause such dog to be forthwith removed and kept beyond the limits of the Town or destroyed. (Ord. 6/11/62, § 2; Ord. 8/23/84, § 1)

4-1.3 Confinement of Certain Dogs and Other Animals.

a. The owner shall confine permanently within a building or secure enclosure, every fierce, dangerous, or vicious dog, and shall not take such dog out of such building or secure enclosure unless such dog is securely muzzled.

b. The owner of every female dog in heat shall keep it confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that such female dog cannot come in contact with another dog, except for intentional breeding purposes.

c. Any dog described in the foregoing subsections, found at large, shall be impounded by the Animal Control Officer.

(Ord. 8/23/84, § 2)

4-1.4 Miscellaneous Provisions.

a. Immediately upon impounding dogs or other animals the Animal Control Officer shall make reasonable efforts to notify the owners of such dogs or other animals, so impounded, and inform such owners of the conditions whereby they may regain custody of such animals. It shall be the duty of the Animal Control Officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into his/her custody.

b. Under emergency circumstances, the Animal Control Officer or any Police Officer may destroy any injured or maimed animal after making reasonable efforts to contact the owner of said animal if owner's identification is present on the animal.

c. It shall not be the responsibility of the Animal Control Officer to dispose of dogs at owners request. The owner of a dog or any domestic animal who wishes to dispose of such animal, shall assume all cost and the responsibility for same.

d. All complaints made under the provisions of this section shall be made to the Animal Control Officer or any Police Officer and may be made orally, provided, however, that such complaint shall be reduced to writing within forty-eight(48) hours and shall be signed by the complainant showing his address and telephone number, if any.

(Ord. 8/23/84, § 2)

4-1.5 Investigation.

In the discharge of the duties imposed by this section, the Animal Control Officer or any Police Officer shall have the authority at all reasonable times to enter upon any premises (but such authority should not include the right to enter any residence on such premises without owner's permission) to examine a dog or other animal which it is reasonable to suspect is in violation of a provision of this section. Such officer shall have the further authority to take possession of any such dog or other animal and remove it from such premises. (Ord. 8/23/84, § 2)

4-1.6 Provisions in Addition to General Law.

Subsections 4-1.1, 4-1.2, 4-1.3, 4-1.4, and 4-1.5 are to be in addition to the provisions set forth in the Rhode Island General Laws, 1956, Title 4, Chapter 13, as amended. (Ord. 6/11/62, § 3; Ord. 8/23/84, § 3)

4-1.7 Enforcement.

The Chief of Police or Animal Control Officer shall, where applicable, enforce the provisions of this chapter. (Ord. 6/11/62, § 5; Ord. 8/23/84, § 4)

4-2 Animals at Large.2

4-2.1 Animals at Large Prohibited, Penalty.

Any person who willfully or negligently permits or allows any cattle, horse, sheep, goat or pig, or any other animal to escape or stray from its enclosure or restraint onto or to wander on or run at large upon any public or private property in the Town other than the property of the owner of the animal be fined not more than twenty ($20.00) dollars, or imprisonment not exceeding five (5) days. The Chief of Police and, or the Animal Control Officer of the Town shall, upon complaint, investigate and where applicable the Chief of Police shall cause to be enforced the provisions of this section. (Ord. 4/8/76; Ord. 6/23/77)

4-2.2 Dogs Prohibited on South Shore Beach.

No dogs shall be allowed on South Shore Beach during the hours the beach is open. (Ord. 7/18/91)

4-3 Fees for Redemption of Impounded Animals.3

4-3.1 Poundage Fees.

The owner of any animal going at large that has been impounded shall not take the animal out of the pound until he shall first reimburse the Pound-keeper the expenses of keeping such animal. No regard shall be given to the milk derived from the same. The fees of the Pound-keeper for receiving the animals into the pound shall be: for each horse and neat-beast, five ($5.00) dollars; for each sheep and hog, five ($5.00) dollars; for every notification set up, or notice given to the owner, five ($5.00) dollars; and the following penalties, namely: for every horse, neat-beast, sheep, and dog, six ($6.00) dollars per day. (Ord. 7/11/55, § 1; Ord. 8/23/84, § 5)

4-3.2 Regulations Are in Addition to General Laws.

This section is in addition to the provisions of Chapter 641 of the General Laws as amended, and is in no way to be construed as a limitation thereof. (Ord. 7/11/55, § 2)

4-4 Schedule of Fines.4

Under authority granted in Title 4, Chapter 13, Section 1 (413-1) of the General Laws of Rhode Island, 1956 as amended, entitled "Regulatory ordinances-Enforcement", the following procedure is hereby established to permit the enforcement of the Ordinances of the Town of Little Compton pertaining to Chapter IV, Animal Control by pecuniary penalty to be recovered by action of debt which may be offered to the person violating this chapter.

The following schedule of fees is herein established:

First offense	$10.00
Second offense	$15.00
Third offense	$25.00

Failure by the violator to dispose of any violation in the manner herein provided will be deemed to be a waiver, on the part of the violator to be allowed such privilege, and the Chief of Police will cause a complaint to be filed in the Second Division Court, Newport, Rhode Island.

The Chief of Police is hereby directed to have printed summonses containing information as to the violation being cited, the manner in which the violator may pay for the offense, by paying the prescribed fee to the Town Treasurer, or set forth the date and time for appearance in Court. (Ord. 8/23/84, § 8)

CHAPTER V TRAFFIC *

5-1 Words and Phrases Defined.

a. The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section.

1. "Authorized emergency vehicle" shall mean vehicles of the fire department (fire patrol), police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the Commissioner or the Chief of Police of this Town.

2. "Bicycle" shall mean every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than twenty (20) inches in diameter.

3. "Central business district" shall mean all streets and portions of streets within all those areas described in section 14-1.3 c. 1. (a), (b) and (c) of this Code.

4. "Commercial vehicle" shall mean every vehicle designed, maintained, or used primarily for the transportation of property.

5. "Driver" shall mean every person who drives or is in actual physical control of a vehicle.

6. "Highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

7. "Intersection" shall mean the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

8. "Laned roadway" shall mean a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

9. "Motor vehicle" shall mean every object or device propelled or drawn on wheels, rollers, runners, or otherwise except roadrollers and those objects or devices that are run only upon rails or tracks.

10. "Motorcycle" shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.

11. "Official time standard" shall mean whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in this Town.

12. "Official traffic control devices" shall mean all signs, signals, markings and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

13. "Park" or "Parking" shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise and passengers.

14. "Pedestrian" shall mean any person afoot.

15. "Person" shall mean every natural person, firm, co-partnership, association or corporation.

16. "Police Officer" shall mean every officer of the municipal Police Department or any officer authorized to direct or regulate traffic or to make arrest for violations of traffic regulations.

17. "Private road" or "driveway" shall mean every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

18. "Residence district" shall mean the territory contiguous to and including a highway not comprising a business district when the property on such a highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business.

19. "Right-of-way" shall mean the privilege of the immediate use of the roadway.

20. "Roadway" shall mean that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways the terms "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

21. "Safety zone" shall mean the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

22. "Sidewalk" shall mean that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

23. "Stand" or "Standing" shall mean the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

24. "Stop" When required, shall mean complete cessation from movement.

25. "Stop" or "Stopping" When prohibited shall mean any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or traffic-control device.

26. "Street" or "Highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

27. "Trailer" shall mean any structure used or intended to be used or capable of being used as permanent or temporary living quarters by any person, which structure is capable of being moved from place to place, either by its own power or by power supplied by some vehicle attached to it or to be attached thereto.

28. "Through highway" shall mean every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or yield sign, when such signs are erected as provided in this chapter.

29. "Traffic" shall mean pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.

30. "Traffic-control signal" shall mean any device, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and to proceed.

31. "Traffic division" shall mean the traffic division of the Police Department of this Town, or in the event a traffic division is not established, then the term whenever used herein shall be deemed to refer to the Police Department of this Town.

32. "Vehicle" shall mean every object or device propelled or drawn on wheels, rollers, runners, or otherwise except road rollers and those objects or devices that are run only upon rails or tracks.

5-2 Traffic Administration.

5-2.1 Police Administration.

There is hereby established in the Police Department of this Town a traffic division to be under the control of an officer of police appointed by and directly responsible to the Chief of Police.

5-2.2 Duty of Traffic Division.

It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the street traffic regulations of this Town and all the State vehicle laws applicable to street traffic in this Town, to make arrests for traffic violations, to investigate accidents and to co-operate with other officers of the Town in the administration of the traffic laws and in developing ways and means to improve traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the division by this chapter and the traffic ordinances of this Town.

5-2.3 Records of Traffic Violations.

a. The Police Department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of this Town or of the State vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses, such record shall be so maintained so as to show all types of violations and the total of each. The record shall accumulate during at least a five (5) year period and from that time on the record shall be maintained complete for at least the most recent five (5) year period,

b. All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms.

c. All such records and reports shall be public records.

5-2.4 Traffic Division to Investigate Accidents.

It shall be the duty of the traffic division, assisted by other police officers of the department, to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

5-2.5 Traffic Accident Studies.

Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the Town traffic engineer in conducting studies of such accidents and determining remedial measures.

5-2.6 Traffic Accident Reports.

The traffic division shall maintain a suitable system of filing traffic accident reports.

5-2.7 Drivers Files to be Maintained.

a. The Police Department or the traffic division thereof shall maintain a suitable record of all accidents, warnings, arrests, convictions, and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.

b. The division shall study the cases of all the drivers charged with frequent or serious violations of the traffic laws or involved in frequent traffic accidents or any serious accident, and shall attempt to discover the reasons therefor, and shall take whatever steps are lawful and reasonable to prevent the same or to have the licenses of such persons suspended or revoked.

c. Such records shall accumulate during at least a five (5) year period and from that time on such records shall be maintained complete for at least the most recent five (5) year period.

5-2.8 Traffic Division to Designate Method of Identifying Funeral Processions.

The traffic division shall designate a type of pennant or other identifying insignia to be displayed upon, or other method to be employed to identify, the vehicles in funeral processions.

5-2.9 Emergency and Experimental Regulations.

a. The Chief of Police is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this Town and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days.

5-3 Enforcement and Obedience to Traffic Regulations.

5-3.1 Authority of Police and Fire Department Officials.

a. It shall be the duty of the officers of the Police Department or such officers as are assigned by the Chief of Police to enforce all street traffic laws of this Town and all of the State vehicle laws applicable to street traffic in this Town.

b. Officers of the Police Department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

c. Officers of the Fire Department, when at the scene of a fire, may direct, or assist the police in directing traffic thereat or in the immediate vicinity.

5-3.2 Required Obedience to Traffic Ordinance.

It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.

5-3.3 Obedience to Police and Fire Department Officials.

No person shall willfully fail or refuse to comply with any lawful order or direction of a Police Officer or Fire Department official.

5-3.4 Persons Riding Animals to Obey Traffic Regulations.

Every person riding an animal upon a roadway and every person driving any animal-drawn vehicle shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have no application.

5-3.5 Use of Coasters, Roller Skates and Similar Devices Restricted.

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a cross walk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance of this Town.

5-3.6 Public Employees to Obey Traffic Regulations.

The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County or Town, and it shall be unlawful for any driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by State statute.

5-3.7 Authorized Emergency Vehicles.

a. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

b. The driver of an authorized emergency vehicle may:

1. Park or stand, irrespective of the provisions of this chapter;

2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

3. Exceed the maximum speed limits so long as he does not endanger life or property;

4. Disregard regulations governing direction of movement or turning in specified directions.

c. The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

d. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

5-3.8 Operation of Vehicles on Approach of Authorized Emergency Vehicles.

a. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this State, or of a police vehicle properly and lawfully making use of an audible signal only;

1. The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible, to, the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

2. Upon the approach of an authorized emergency vehicle, as above stated, the motorman of every car shall immediately stop clear of any intersection and keep in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

b. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

5-3.9 Immediate Notice of Accident.

The driver of a vehicle involved in any accident shall immediately by the quickest means of communication give notice of such accident to the Police Department if such accident occurs within this Town.

5-3.10 Written Report of Accident.

The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of two hundred ($5200.00) dollars or more shall, within five (5) days after such accident, forward a written report of such accident to the Police Department, or a copy of any report he is required to forward to the State.

5-3.11 When Driver Unable to Report.

a. Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in subsection 5-3.9 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given the notice not given by the driver.

b. Whenever the driver is physically incapable of making a written report of an accident as required in subsection 5-3.10 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five (5) days after learning of the accident make such report not made by the driver.

5-3.12 Public Inspection of Reports Relating to Accidents.

a. All accident reports made by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the Police Department or other governmental agencies having use for the records for accident prevention purposes, or for the administration of the laws of this State relating to the deposit of security and proof of financial responsibility by persons driving or the owners of motor vehicles, except that the identity of a person involved in an accident may be disclosed when such identity is not otherwise known or when such person denies his presence at such accident.

b. All accident reports and supplemental information filed in connection with the administration of the laws of this State relating to the deposit of security or proof of financial responsibility shall be confidential and not open to general public inspection, nor shall copying of lists of such reports be permitted, except, however, that such reports and supplemental information may be examined by any person named therein or by his representative designated in writing.

5-4 Traffic-Control Devices.

5-4.1 Authority to Install Traffic-Control Devices.

The Police Department shall place and maintain traffic-control signs, signals, and devices when and as required under the traffic ordinances of this Town to make effective the provisions of said ordinances, and may place and maintain such additional traffic-control devices as they may deem necessary to regulate traffic under the traffic ordinances of this Town or under State law or to guide or warn traffic.

5-4.2 Manual and Specifications for Traffic-Control Devices.

All traffic-control signs, signals and devices shall conform to the manual and specifications approved by the State Traffic Commission (or) resolution adopted by the legislative body of this Town. All signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the Town. All traffic-control devices so erected and not inconsistent with the provisions of State law or this chapter shall be official traffic-control devices.

5-4.3 Obedience to Official Traffic-Control Devices.

The driver of any vehicle and the motorman of any car shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

5-4.4 When Traffic Signs Required for Enforcement Purposes.

No provisions of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.

5-4.5 Traffic-Control Signal Legend.

Whenever traffic is controlled by traffic-control signals exhibiting the words "Go", "Caution" or "Stop", or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and the terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

a. Green alone or "Go":

1. Vehicular traffic facing the signal, except when prohibited under subsection 5-10.5, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn, but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

b. Steady yellow alone:

1. Vehicular traffic facing the signal is thereby warned that the red or "Stop" signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited.

2. Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

ALTERNATE 2. No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown alone (unless authorized so to do by a pedestrian "Walk" signal).

c. Steady red alone, or "Stop":

1. Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection of, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone.

2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

ALTERNATE 2. No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown alone (unless authorized so to do by a pedestrian "Walk" signal).

d. Steady red with green arrows:

1. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.

2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

ALTERNATE 2. No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown alone (unless authorized so to do by a pedestrian "Walk" signal).

e. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

f. The operator of any vehicle shall obey the above signals as applicable to vehicles.

5-4.6 Pedestrian-control Signals.

Whenever special pedestrian-control signals exhibiting the words "Walk" or "Wait" or "Don't Walk" are in place such signals shall indicate as follows:

a. Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

b. Wait or Don't Walk. No pedestrian shall start to cross the roadway in the direction of such signs, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety zone while the wait signal is showing.

5-4.7 Flashing Signals.

a. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:

1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line, when marked, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

5-4.8 Display of Unauthorized Signs, Signals or Markings.

a. No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device.

b. No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.

c. This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

d. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.

5-4.9 Interference With Official Traffic-Control Devices or Railroad [if any] Signs or Signals.

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any inscription, shield or insignia thereon, or any other part thereof.

5-4.10 Authority to Establish Play Streets.

Whenever the Police Department shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.

5-4.11 Play Streets.

Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and that any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

5-4.12 Police Department to Designate Crosswalks and Establish Safety Zones.

The Police Department is hereby authorized:

a. To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in their opinion there is particular danger to pedestrians crossing the roadway, and at such other places as they may deem necessary;

b. To establish safety zones of such kind and character and at such places as they may deem necessary for the protection of pedestrians.

5-4.13 Traffic Lanes.

a. The Police Department is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.

b. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

5-5 Speed Regulations.

5-5.1 State Speed Laws Applicable.

The State traffic laws regulating the speed of vehicles shall be applicable upon all streets within the Town, except as this chapter, as authorized by State law, hereby declares and determines upon the basis of engineering and traffic investigation that certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in Schedule I, "Speed Limits". (Ord. 8/22/96)

5-5.2 Decrease of State Speed Limits at Certain Intersections.

It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law at the street intersections is greater than is reasonable or safe under the conditions found to exist at such intersections and it is hereby declared that the maximum speed limit within one hundred (100) feet upon every designated approach to and within these intersections designated on Schedule II, "Decrease of State Speed Limits at Certain Intersections," shall be as therein stated, which speeds so declared shall be effective at the times specified herein when signs are erected upon every approach to every such intersection giving notice of the maximum speed limit so declared thereat.

5-5.3 Increasing State Speed Limits in Certain Zones.

It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of the designation and signposting of these streets as through highways and (or) by reason of widely spaced intersections and it is hereby declared that the maximum speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated in Schedule III, "Increasing State Speed Limits in Certain Zones", at the times specified when signs are erected giving notice thereof.

5-5.4 Decrease of State-Law Maximum Speed.

It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law outside of business and residence districts as applicable upon the streets designated in Schedule IV, "Decreasing of State-Law Maximum Speed", is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the maximum speed limit shall be forty (40) miles per hour as herein set forth on those streets or parts of streets herein designated at the times herein specified when signs are erected giving notice thereof.

5-6 Turning Movements.

5-6.1 Required Position and Method of Turning at Intersections.

The driver of a vehicle intending to turn at an intersection shall do as follows:

a. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

b. Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

c. Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

5-6.2 Authority to Place and Obedience to Turning Markers.

a. The Police Department is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and course to be traveled as so indicated may conform to or be other than as prescribed by law.

b. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

5-6.3 Authority to Place Restricted Turn Signs.

The Police Department is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or "U" turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

5-6.4 Obedience to No-Turn Signs.

Whenever authorized signs are erected indicating that no right or left or "U" turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

5-6.5 Limitations on Turning Around.

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.

5-7 One-Way Streets.

5-7.1 Authority to Sign One-Way Streets.

Whenever any ordinance of this Town designates any one-way street, the Police Department shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

5-7.2 One-Way Streets.

Upon those streets and parts of streets and in those alleys described in Schedule V, "One-Way Streets", attached to this chapter and made a part hereof, vehicular traffic shall move only in the direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

5-7.3 Authority to Restrict Direction of Movement on Streets During Certain Periods.

a. The Police Department is hereby authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The Police Department may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway.

b. It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this subsection.

5-8 Stop and Yield Intersections, Etc.

5-8.1 Through Streets Designated.

Those streets and parts of streets described in Schedule VI attached hereto and made a part hereof are hereby declared to be through streets for the purpose of this section.

5-8.2 Signs Required at Through Streets.

Whenever any ordinance of this Town designates and describes a through street it shall be the duty of the Police Department to place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic-control signals, provided, however, that at the intersection of two such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of said streets as may be determined by the Police Department upon the basis of an engineering and traffic study.

5-8.3 Other Intersections Where Stop or Yield Required.

The Police Department is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine (a) whether vehicles shall stop at one or more entrances to any such intersection, in which event he shall cause to be erected a stop sign at every such place where a stop is required, or (b) whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in subsection 5-8.6a, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.

5-8.4 Stop Signs and Yield Signs.

a. Every stop sign shall bear the word "Stop" in letters not less than eight (8) inches in height. Every yield sign shall bear the word "Yield" in letters not less than seven (7) inches in height. Every stop sign and every yield sign shall at night time be rendered luminous by internal illumination, or by a floodlight projected on the face of the sign, or by efficient reflecting elements in the face of the sign.

b. Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as near as practicable to the nearest line of the intersecting roadway.

5-8.5 Vehicle Entering Stop Intersection.

a. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle and every motorman approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection, or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has view of approaching traffic on the intersecting roadway before entering the intersection.

b. Such driver, after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard, but the driver, having so yielded, may proceed and the drivers of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding.

5-8.6 Vehicle Entering Yield Intersection.

a. The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions, or shall stop if necessary, and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. The driver, having yielded, may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding, provided, however, that a driver who enters a yield intersection without stopping and has or causes a collision with a pedestrian in a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein. The foregoing shall not relieve the drivers of other vehicles approaching the intersection at such distance as not to constitute an immediate hazard from the duty to drive with due care to avoid a collision.

b. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver or anyone so concerned has a view of approaching traffic on the intersection roadway.

5-8.7 Emerging from Alley, Driveway or Building.

The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

5-8.8 Stop When Traffic Obstructed.

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.

5-9 Miscellaneous Driving Rules.

5-9.1 Following Fire Apparatus Prohibited.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

5-9.2 Crossing Fire Hose.

No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway or otherwise, to be used at any fire or alarm of fire without the consent of the Fire Department official in command.

5-9.3 Driving Through Funeral or Other Procession.

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.

5-9.4 Drivers in a Procession.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.

5-9.5 Funeral Processions to be Identified.

A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division.

5-9.6 When Permits Required for Parades and Processions.

No funeral, procession or parade containing two hundred (200) or more persons or fifty (50) or more vehicles except the forces of the United States Army or Navy, the military forces of this State and the forces of the Police and Fire Departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply.

5-9.7 Vehicle Shall Not be Driven on a Sidewalk.

The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway.

5-9.8 Limitations on Backing.

The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

5-9.9 Opening and Closing Vehicle Doors.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

5-9.10 Riding on Motorcycles.

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.

5-9.11 Clinging to Vehicles.

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

5-9.12 Controlled Access.

No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.

5-10 Safety Zones.

5-10.1 Boarding or Alighting From Vehicles.

No person shall board or alight from any vehicle while such vehicle is in motion.

5-10.2 Unlawful Riding.

No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise.

5-10.3 Driving Through Safety Zones Prohibited.

No vehicle shall at any time be driven through or within a safety zone.

5-11 Pedestrian's Rights and Duties.

5-11.1 Pedestrians Subject to Traffic-Control Signals.

Pedestrians shall be subject to traffic-control signals as heretofore declared in subsections 5-4.5 and 5-4.6, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this section.

5-11.2 Pedestrians' Right-of-Way in Crosswalks.

a. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

b. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

c. Paragraph a. shall not apply under the conditions stated in paragraph b. of subsection 5-11.5.

d. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

5-11.3 Pedestrians To Use Right Half of Crosswalks.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

5-11.4 Crossing At Right Angles.

No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.

5-11.5 When Pedestrian Shall Yield.

a. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

b. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

c. The foregoing rules in this section have no application under the conditions stated in subsection 5-11.6 when pedestrians are prohibited from crossing at certain designated places.

5-11.6 Prohibited Crossing.

a. Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

b. No pedestrian shall cross a roadway other than in a crosswalk in any business district.

c. No pedestrian shall cross a roadway other than in a crosswalk upon any of the following through streets named in Schedule VII, "Streets Whereon Pedestrians are Required to Cross at Crosswalks".

5-11.7 Pedestrians Walking Along Roadways.

a. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

b. Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

5-11.8 Pedestrians Soliciting Rides or Business.

a. No persons shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle.

b. No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

5-11.9 Drivers to Exercise Due Care.

Notwithstanding the foregoing provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

5-12 Regulations for Bicycles.

5-12.1 Effect of Regulations.

a. It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this section.

b. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section.

c. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to these exceptions stated herein.

5-12.2 Traffic Laws Apply to Persons Riding Bicycles.

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this State declaring rules of the road applicable to vehicle or by the traffic ordinances of this Town applicable to the driver of a vehicle, except as to special regulations in this section and except as to those provisions of laws and ordinances which by their nature can have no application.

5-12.3 Obedience to Traffic-Control Devices.

a. Any person operating a bicycle shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.

b. Whenever authorized signs are erected indicating that no right or left or "U" turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

5-12.4 Riding on Bicycles.

a. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.

b. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

5-12.5 Riding on Roadways and Bicycle Paths.

a. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

b. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

c. Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

5-12.6 Speed.

No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

5-12.7 Emerging from Alley or Driveway.

The operator of a bicycle emerging from an alley, driveway or building shall upon approaching a sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on the roadway.

5-12.8 Carrying Articles.

No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handle bars.

5-12.9 Parking.

No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian traffic.

5-12.10 Penalties.

Every person convicted of a violation of any provision of this section shall be punished by a fine of not more than one ($1.00) dollar, or by impounding of such person's bicycle for a period not to exceed twenty (20) days, or by any combination thereof.

5-13 Method of Parking.

5-13.1 Standing or Parking Close to Curb.

Except as otherwise provided in this section every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen (18) inches of the right-hand curb.

5-13.2 Signs or Markings Indicating Angle Parking.

a. The Police Department shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets but such angle parking shall not be indicated upon any Federal aid streets or State highway within this Town unless the State Highway Commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

b. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street or upon any tracks.

5-13.3 Obedience to Angle Parking Signs or Markings.

On those streets which have been signed or marked by the Town Police Department for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.

5-13.4 Permits for Loading or Unloading at an Angle to the Curb.

a. The Chief of Police is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein.

b. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.

5-13.5 Lamps on Parked Vehicles.

a. Whenever a vehicle is lawfully upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such street or highway no light need be displayed upon such parked vehicle.

b. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such highway, such vehicle so parked or stopped shall be equipped with one (1) or more lamps meeting the following requirements: At least one (1) lamp shall display a white or amber light visible from a distance of five hundred (500) feet to the front of the vehicle, and the same lamp or at least one (1) other lamp shall display a red light visible from a distance of five hundred (500) feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.

c. Any lighted lamps upon a parked vehicle shall be depressed or dimmed.

5-14 Stopping, Standing or Parking Prohibited in Specified Places.

5-14.1 Specified Places Listed.

a. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

1. On a sidewalk;

2. In front of a public or private driveway;

3. Within an intersection;

4. Within fifteen (15) feet of a fire hydrant;

5. On a crosswalk;

6. Within twenty (20) feet of a crosswalk at an intersection;

7. Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of the roadway;

8. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the (traffic authority) indicates a different length by signs or markings;

9. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly signposted).

10. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

11. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

12. At any place where official signs prohibit stopping.

b. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

5-14.2 Parking Not to Obstruct Traffic.

No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.

5-14.3 Parking in Alleys.

No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.

5-14.4 Parking for Certain Purposes Prohibited.

No person shall park a vehicle upon any roadway for the principal purpose of:

a. Displaying such vehicle for sale;

b. Washing, greasing or repairing such vehicle except repairs necessary by an emergency.

5-14.5 Parking Adjacent to Schools.

a. The Police Department is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in their opinion, interfere with traffic or create hazardous situations.

b. When official signs are so erected indicating no parking upon either side of a street adjacent to any school in any property as authorized herein, no person shall park a vehicle in any such designated place.

5-14.6 Parking Prohibited on Narrow Streets.

The Police Department is hereby authorized to erect signs indicating no parking, upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed thirty (30) feet.

b. When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.

5-14.7 Standing or Parking on One-Way Streets.

The Police Department is authorized to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.

5-14.8 Standing or Parking on One-Way Roadways.

In the event a highway includes two (2) or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. The Police Department is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof.

5-14.9 No Stopping, Standing or Parking Near Hazardous or Congested Places.

a. The Police Department is hereby authorized to determine and designate by proper signs places not exceeding one hundred (100) feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

b. When official signs are erected at hazardous or congested places as authorized herein no person shall stop, stand, or park a vehicle in any such designated place.

5-15 Stopping, Standing or Parking Restricted or Prohibited on Certain Streets.

5-15.1 Camping, Parking or Recreational Uses Prohibited.

No person shall use any portion of the public highways, parks, squares or commons within this Town for camping, parking or other like recreational purpose (including the parking of motor vehicles for such purposes). No person shall park or leave any trailer, whether or not the same is attached to another conveyance, on any street or public land in the Town of Little Compton.

5-15.2 Application.

The provisions of this section prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

5-15.3 Regulations Not Exclusive.

The provisions of this section imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.

5-15.4 Parking Prohibited At All Times on Certain Streets.

When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described in Schedule VIII attached to and made a part of this chapter. (Amended by Ord. 5/20/76; Ord. 7/26/82)

5-15.4A No Parking Ban/Tow Zone.

No person shall park a vehicle at any time upon any of the streets or parts of streets designated as a tow zone and as described in Schedule XIV attached to and made a part of this chapter. (Ord. 3/22/90; Ord. 8/9/90)

5-15.5 Parking Prohibited During Certain Hours on Certain Streets.

When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified in Schedule IX of any day within the district or upon any of the streets described in Schedule IX attached to and made a part of this chapter. (Ord. 9/22/88)

5-15.6 Stopping, Standing or Parking Prohibited During Certain Hours on Certain Streets.

When signs are erected in each block giving notice thereof, no person shall stop, stand, or park a vehicle between the hours specified in Schedule X of any day within the district or upon any of the streets described in Schedule X attached to and made a part of this chapter. (Ord. 9/22/88)

5-15.7 Parking Time Limited on Certain Streets.

When signs are erected in each block giving notice thereof, no persons shall park a vehicle for longer than one (1) hour at any time between the hours of 9:00 a.m. and 6:00 p.m. of any day within the district or upon any of the streets described in Schedule XI attached to and made a part of this chapter. (Ord. 9/22/88)

5-15.8 Parking Signs Required.

Whenever by this or any other ordinance of this Town any parking time limit is imposed or parking is prohibited on designated streets it shall be the duty of the Police Department to erect appropriate signs giving notice thereof and no such regulations shall be effective unless signs are erected and in place at the time of any alleged offense.

5-15.9 Penalties.

All violators referred to in section 5-15 shall carry a fine of ten ($310.00) dollars per violation. (Ord. 7/21/88)

5-16 Regulations Concerning the Use of Streets.

5-16.1 Load Restrictions Upon Vehicles Using Certain Highways.

When signs are erected giving notice thereof, no persons shall operate any vehicle with a gross weight in excess of the amounts specified in Schedule XII at any time upon any of the streets or parts of streets described in Schedule XII attached to and made a part of this chapter.

5-16.2 Commercial Vehicles Prohibited From Using Certain Streets.

When signs are erected giving notice thereof, no person shall operate any commercial vehicle exceeding six thousand (6,000) pounds gross weight at any time upon any of the streets of parts of streets described in Schedule XIII attached to and made a part of this chapter, except that such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise and then only be entering such street at the intersection nearest the destination of the vehicle and proceeding thereon no farther than the nearest intersection thereafter.

5-16.3 Restrictions Upon Use of Streets by Certain Vehicles.

a. The Police Department is hereby authorized to determine and designate those heavily traveled streets upon which shall be prohibited the use of the roadway by motor-driven cycles, bicycles, horsedrawn vehicles or other non-motorized traffic and shall erect appropriate signs giving notice thereof.

b. When signs are so erected giving notice thereof, no person shall disobey the restrictions stated on such signs.

5-16.4 Moving Buildings, Application and Bond.

No person shall draw or remove or employ anyone to draw or remove through, over, or upon any Town highway, road, street, driftway or public place, or any portion thereof, in the Town of Little Compton, any house, barn, shed, shop or other building, without first making application in writing to the Town Council, or to a committee of the Town Council appointed as hereinafter provided, setting forth in such application, the kind of building proposed to be removed, its size, height, location, the Town highways, roads, streets, driftways, or public places through which it is proposed to draw or carry the same, the time expected to be occupied in its removal and the location to which it is proposed to be removed; accompanying such application with a bond with surety or sureties satisfactory to the Town Council or said committee to indemnify the Town from and against all damages which may occur in the process of removal, or while such building may be temporarily occupying any Town highway, road, street, driftway or public place. to any wires, pipes, mains, trees or other private or public property, or to persons; to use all reasonable precautions to prevent such damages, and to pay all damages which may occur to any wires, pipes, mains, trees or other private or public property or fixtures or to persons in or upon any such Town highway, road, street. driftway or public place, or which in any way may be caused by any such removal, or by the presence of such building in a Town highway, road, street, driftway or public place. The Town Council may grant a permit for removal to the owner or occupant of any building, who has made application, as provided in the foregoing section and has complied with the requirements thereof.

5-16.5 Excavations in Streets.

a. No person shall open any trench, break ground or make any excavation in any of the Town highways or public places in the Town for the purpose of laying drains, pipes, wires or for any other purposes whatsoever, not herein mentioned, without first obtaining from the Town Building Official a permit. Such permit shall be issued by the Town Building Official only after:

1. The applicant has filed with the Town Treasurer a performance bond in a form satisfactory to the Superintendent of Highways in the amount of one thousand ($1,000.00) dollars;

2. The applicant has filed with the Town Treasurer an indemnification agreement to cover such damages or other expenses incurred by the Town as a result of the work done by the applicant under the permit issued;

3. The applicant has paid the Town Treasurer a fee of ten ($10.00) dollars to cover the expenses of the issuance of the permit.

b. When digging is done in a so-called finished or hard-surfaced street, the contractor must:

1. Remove and carry away any material removed in the digging process;

2. Must not use the material removed in the digging process as fill in re-filling the excavation;

3. Must replace the material removed in the excavation by crushed gravel, tamped down to within three (3) inches of the finished surface of the street; and

4. Fill the remaining hole with cold mix, so-called, and roll it. with a roller so that the top of the refilled excavation is even with the surrounding road level.

Within a period of not less than two (2) nor more than three (:3) months after the excavation is filled in accordance with the foregoing paragraph, the contractor must remove the cold mix, so-called, and replace it with hot mix, so-called, and seal the patch or excavation with a hot iron so that the completed operation will result in the patch being even with the surrounding street level.

When digging in dirt streets or ways or along unpaved or unfinished shoulders or verges or hard finished streets or ways, all refill must be tamped down as it is installed so that the finished work will be brought back to the original height of the street, or to the original height of the unpaved shoulder or verge of the paved street or way. (Ord. 9/18/86)

5-16.6 Removal of Street Barriers or Warning Lights Prohibited.

No person shall remove any barrier or lantern, which may be placed by the Town Council or the Superintendent of Highways, or under their authority or direction, to protect the public from injury while any highway or public place is being made or repaired, or while any work or improvement therein is being performed by or for the Town.

5-16.7 Depositing Dirt, Garbage or Junk Prohibited.

No person shall throw, pour, or in any way deposit, place or cause to be placed any filth, brine, dirt, rubbish, garbage, junk or other offensive substance of any description whatsoever, on, beside or within the boundaries of any highway or public place in this Town.

5-16.8 Parades or Processions; Permission Required.

No parade or procession shall occupy or march on any highway in this Town to the exclusion or interruption of other persons in their individual rights and the use thereof, except Police and Fire Departments, the organized militia, the military and naval forces of the United States, the independent chartered forces, associations wholly composed of soldiers, sailors or marines honorably discharged from the service of the United States, veterans of the national guard or naval militia and organizations of the sons of veterans; unless application shall be made to the Town Council setting forth the object, time and route of such parade or procession. and the Town Council shall have granted permission for such parade or procession to be held under such conditions as it may prescribe.

5-17 Penalties and Procedure on Arrest.

5-17.1 Penalties.

Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than one hundred ($100.00) dollars or by imprisonment for not more than sixty (60) days or by both such fine and imprisonment.

5-17.2 Issuance of Summons Books to Police Department.

The Chief of Police shall be responsible for the issuance of Uniform Summons books to individual members of the Police Department. The Chief of Police shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.

5-17.3 Procedure of Police Officers.

Except when authorized or directed under State law to immediately take a person before a magistrate for the violation of any traffic laws, a police officer who halts a person for such violation other than for the purpose of giving him a warning or warning notice and does not take such person into custody under arrest, shall take the name, address, and operator's license number of said person, the registered number of the motor vehicle involved, and such other pertinent information as may be necessary, and shall issue to him in writing on a form provided by the State of Rhode Island a traffic citation containing a notice to answer to the charge against him.

5-17.4 Disposition and Records of Traffic Citations, Warrants and Complaints.

a. Every police officer upon issuing a traffic citation to an alleged violator of any provisions of the motor vehicle laws of this State or of any traffic ordinances of this Town shall deposit the original and a duplicate copy of the citation with his immediate superior officer, who shall cause the original to be delivered to the Traffic Court of this County and the duplicate copy to the central records section of the Police Department. The second duplicate copy of the citation shall be retained in the traffic citation book and shall be delivered by such superior officer.

b. The Chief of Police shall require the return to him of each traffic citation and all copies thereof, except that copy required to be retained in the book as provided herein, which has been spoiled or upon which any entry has been made and has not been issued to an alleged violator.

c. The Chief of Police shall also maintain or cause to be maintained in connection with every traffic citation issued by a member of the Police Department a record of the disposition of the charge by the traffic court of this County or its traffic violations bureau.

d. The Chief of Police shall also maintain or cause to be maintained a record of all warrants issued by the traffic court of this County or by any other court on said traffic violation charges and which are delivered to the Police Department for service, and of the final disposition of all such warrants.

e. It shall be unlawful and official misconduct for any member of the Police Department or other officer or public employee to dispose of, alter, or deface a traffic citation or any copy thereof, or the record of the issuance or disposition of any traffic citation, complaint, or warrant, in a manner other than as required in this section.

5-17.5 Illegal Cancellation of Traffic Citations.

It shall be unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner other than as provided by this section.

5-17.6 When Copy of Citation Shall Be Deemed a Lawful Complaint.

In the event the form of citation provided under subsection 5-17.2 includes information and is sworn to as required under the general laws of this State in respect to a complaint charging commission of the offense alleged in said citation to have been committed, then such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter.

5-17.7 Failure to Obey Citation.

It shall be unlawful for any person to violate his written promise to appear given to an officer upon the issuance of a traffic citation as originally issued.

5-17.8 Citation on Illegally Parked Vehicle.

Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of this Town or by State law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation, for the driver to answer to the charge against him within ten (10) days during the hours and at a place specified in the citation.

5-17.9 Failure to Comply with Traffic Citation Attached to Parked Vehicle.

If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to such motor vehicle within a period of ten (10) days, the Chief of Police shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of ten (10) days a warrant of arrest will be issued.

5-17.10 Presumption in Reference to Illegal Parking.

a. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

b. The foregoing stated presumption shall apply only when the procedure as prescribed in subsections 5-17.6 and 5-17.7 has been followed.

5-17.11 When Warrant To Be Issued.

In the event any person fails to comply with a traffic citation given to such person or attached to a vehicle or fails to make appearance pursuant to summons directing an appearance, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the Clerk of the Court shall secure and issue a warrant for his arrest.

5-17.12 Disposition of Traffic Fines and Forfeitures.

All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this section shall be paid into the Town Treasury.

5-17.13 Authority to Impound Vehicles.

a. Members of the Police Department are hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or otherwise maintained by this Town under the circumstances hereinafter enumerated.

1. When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.

2. When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.

3. When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

b. Whenever an officer removes a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.

5-18 Effect Of and Short Title.

5-18.1 Effect.

If any part or parts of this chapter are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.

5-18.2 Short Title.

This chapter may be known and cited as the "Chapter V, Traffic" or the "Traffic Ordinance."

SCHEDULE I SPEED LIMITS

In accordance with the provisions of subsection 5-5.1, speed limits on the following designated streets shall be as follows:

Name of Street

Maximum Speed Limit

Amesbury Lane

25 MPH

Brownell Road

30 MPH

Grange Avenue

25 MPH

John Dyer Road

30 MPH

John Sisson Road

25 MPH

Long Highway

30 MPH

Long Pasture Road

25 MPH

Maple Avenue

30 MPH

Old Main Road

30 MPH

Old Stone Church Road

30 MPH

Shaw Road

30 MPH

South Shore Road

25 MPH

Swamp Road

30 MPH

Taylor's Lane

25 MPH

Town Way

25 MPH

Warren's Point Road

25 MPH

William H. Sisson Road

25 MPH

Willow Avenue

30 MPH

40 MPH Townwide unless otherwise indicated at the time of the passage of this ordinance.

SCHEDULE II DECREASE OF STATE SPEED LIMITS AT CERTAIN INTERSECTIONS

In accordance with the provisions of subsection 5-5.2, the following designated street intersections shall require decreased speed limits:

Name of Street

Maximum Speed Limit*

Intersection at Rhode Island Avenue and Bluff Head Avenue

15 MPH

* At all times - day and night.

SCHEDULE III INCREASING STATE SPEED LIMITS IN CERTAIN ZONES

In accordance with the provisions of subsection 5-5.3, the following designated streets shall have a maximum speed limit as designated:

Name of Street

Maximum Speed Limit*

Reserved

*At all times - day or night.

SCHEDULE IV DECREASE OF STATE-LAW MAXIMUM SPEED

In accordance with the provisions of subsection 5-5.4, the following designated streets shall have a maximum speed limit as designated:

Name of Street

Maximum Speed Limit*

All streets, lanes or roads in the Town of Little Compton save those specifically hereinafter excluded.

*At all times - day or night.

SCHEDULE V ONE-WAY STREETS

In accordance with subsection 5-7.2 and when properly sign-posted, traffic shall move only on the following streets in the direction indicated:

Name of Street

Direction of Traffic Movement

Reserved

SCHEDULE VI THROUGH STREETS

In accordance with the provisions of subsection 5-8.1 and when signs are erected giving notice thereof, drivers of vehicles shall stop at every intersection before entering any of the following streets or parts of streets:

Reserved

SCHEDULE VII STREETS WHEREON PEDESTRIANS

ARE REQUIRED TO CROSS AT CROSSWALKS

In accordance with subsection 5-11.6, the streets whereon pedestrians are required to cross at crosswalks are listed below:

Reserved

SCHEDULE VIII PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS

In accordance with subsection 5-15.4 and when signs are erected giving notice thereof no person shall at any time park a vehicle upon any of the following described streets or parts of streets:

a. On the westerly side of the commons at the corner occupied by the Congregational Church for a distance of seventy (70) feet northerly from the corner.

b. On the northerly side of the Commons at the corner occupied by the Congregational Church for a distance of seventy (70) feet westerly from the corner.

c. On the westerly side of the Commons at the corner opposite the corner occupied by the Congregational Church for a distance of forty (40) feet southerly from the corner.

d. On the southerly side of the Commons at the corner opposite the corner occupied by the Congregational Church for a distance of thirty (30) feet westerly from the corner.

e. On the southerly side of the Commons, sometimes called Hall Road and opposite the school house for a distance of two hundred and fifty (250) feet easterly from the corner.

f. On the westerly side of the Commons in front of the Brownell House, so-called, for a distance of one hundred and fifty-five (155) feet southerly from the corner.

g. Taylor's Lane. All hours including Sundays and holidays.

h. Adamsville Center. All hours including Sundays and holidays.

i. Rhode Island Road. On the west side and on the east side from Ohio Road southerly, all hours including Sundays and holidays.

j. Town Way. All hours including Sundays and holidays from the intersection of Oliver Lane easterly to West Main Road. (Ord. 7/21/88)

In case of an emergency, any specific section or sections of this chapter may be temporarily suspended for a definite reasonable period by action of the Town Council.

The provisions of this chapter shall not apply to authorized emergency vehicles of the Fire Department, Police Department or any ambulance in the performance of his duty.

SCHEDULE IX PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS

In accordance with subsection 5-15.5, and when signs are erected giving specified notice thereof, no person shall park a vehicle between the hours specified herein of any day within the district or upon any of the streets or parts of streets as follows:

Name of Street or District

Sides

Hours Parking Prohibited

a. The Commons (Added by Ord. 10/22/87)

North

In front of 30 Commons starting at the west boundary of 32 Commons and extending westerly for a distance of ninety (90) feet to the east boundary of 28 Commons during days when school is in session, between the hours of 7:30 a.m. and 4:00 p.m.

b. Town Way (Added by Ord. 9/22/88)

Both

From the intersection of Oliver Lane west to the Sakonnet River between the hours of 11:00 p.m. and 7:00 a.m.

SCHEDULE X STOPPING, STANDING OR PARKING DURING CERTAIN HOURS ON CERTAIN STREETS PROHIBITED

In accordance with subsection 5-15.6, and when signs are erected giving notice thereof, no persons shall stop, stand or park a vehicle between the hours specified herein of any day within the district or upon any of the streets or parts of streets as follows:

Reserved

SCHEDULE XI PARKING TIME LIMITED ON CERTAIN STREETS

In accordance with subsection 5-15.7, and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than that specified herein between the hours specified herein of any day within the district or upon any of the streets or parts of streets as follows:

Reserved

SCHEDULE XII LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN STREETS

In accordance with subsection 5-16.1, and when signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified herein at any time upon any of the following streets or parts of streets:

Name of Street

Location

Pound Limit

Reserved

SCHEDULE XIII COMMERCIAL VEHICLES PROHIBITED FROM USING CERTAIN STREETS

When signs are erected giving notice thereof, no person shall operate a commercial vehicle except as provided under subsection 5-16.2 upon any of the following streets or parts of streets:

Name of Street

Location

Reserved

SCHEDULE XIV NO PARKING BAN/TOW ZONE

In accordance with subsection 5-15.4A, no person shall park a vehicle at any time within the tow zone district of any streets or parts of streets as follows:

a. South Shore Road. Beginning at the ticket booth at the Beach, westward and then northerly to the intersection of John Sisson Road and South Shore Road.

b. Shaw Road. Beginning at the intersection of South Shore Road and continuing west to the intersection of Long Pasture Road.

CHAPTER VI GENERAL LICENSING

6-1 Peddlers and Hawkers.

6-1.1 License Required.

No person other than wholesalers selling to business houses, shall hawk or peddle or sell or offer for sale, or take orders for future sale within the Town any goods, wares, merchandise, books, ice cream, fruit, plants or vegetables, or other articles and substances, without first obtaining a Town license authorizing such persons to sell such goods, wares, merchandise, books, ice cream, fruit, plants and vegetables, or other articles and substances within the Town of Little Compton. (Ord. 6/8/36: Ord. 6/11/62, §2)

6-1.2 Issuance of License; Fee.

All hawkers and peddlers and all persons selling or offering for sale any goods, wares, merchandise and other articles and substances from vehicles of whatsoever nature, or by door-to-door solicitation, shall make application for a license to the Town Council, even if such person holds a State license, and upon approval of such application by the Town Council, the Town Clerk shall issue a license authorizing such persons respectively to sell the articles and substances mentioned therein in such manner as shall be specified in such license within the Town for a period from the date of such license until April 1 following the date of its issue. For licenses so issued, the person receiving the same shall pay to the Town Clerk a fee of one hundred ($100.00) dollars. (Ord. 6/8/36; Ord. 6/11/ 62, § 2; Ord. 11/22/88, § 1)

6-1.3 License Not Transferable.

No person shall be allowed to sell goods as the clerk, agent, or employee of a peddler, huckster or hawker. Each clerk, agent or employee shall pay a license in his own name, and no license shall be transferable. (Ord. 6/8/36; Ord. 6/11/62, §3)

6-1.4 Exhibition of License.

The Chief of Police or any special officer appointed by the Town Council to enforce this section is hereby empowered and directed to cause any person found selling goods, wares, merchandise, ice cream, fruits, plants or vegetables, or other articles and substances, to exhibit the license. Any person who shall neglect or refuse on demand by the Chief of Police or any special officer appointed by the Town Council to enforce this section to exhibit to him his license shall be deemed for the purposes of this section to be unlicensed and to have violated the provisions thereof. (Ord. 6/8/36; Ord. 6/11/62, §4)

6-1.5 Exceptions.

Nothing herein contained shall apply to any person who has been called to the premises by the owner or occupant thereof, nor to fishermen selling fish nor to milkmen or farmers selling the produce of their farms or of other farms. (Ord. 6/8/36: Ord. 6/11/62, §5)

6-1.6 Penalty.

Any person violating any of the provisions of this section shall be fined not less than ten ($10.00) dollars nor more than twenty ($20.00) dollars or imprisonment not exceeding five (5) days, for every day during which he shall be guilty of such violation. Each day's violation being deemed a separate offense. (Ord. 6/8/36; Ord. 6/11/62, §6; Ord. 6/23/77)

6-1.7 No Rebate Fee Paid on Licenses.

No rebate shall be paid from the license fee for such licenses for any licensed term less than one (1) year. (Ord. 6/8/36; Ord. 6/11/62, §7)

6-2 Junk Dealers.1

6-2.1 Conditions and Restrictions for Licensee.

No person shall engage in the business of purchasing, selling, processing, converting, bartering or dealing in junk, old metals and any other second-hand articles, used automobiles or machinery, whether as keeper of a shop, area, yard or storehouse for the reception, processing or conversion of the same, or as a gatherer of the same in any bag, wagon or other vehicle, or as a foundry man receiving the same for the purpose of melting the same or of converting the same into casting, or as a person establishing, operating or maintaining an automobile junkyard, unless such person shall be duly licensed by the Town Council and subject to the following conditions and restrictions:

a. The annual fee for such licenses shall be as follows: For a keeper of such shop, area, yard or storehouse, except for an automobile junkyard, twenty-five ($25.00) dollars; for a gatherer, as aforesaid, five ($5.00) dollars; for a foundry man, as aforesaid, five ($5.00) dollars; and one hundred ($100.00) dollars for a person establishing, operating or maintaining an automobile junkyard.

b. Every such shop, area, yard, storehouse, bag, wagon, other vehicle, foundry and place of business of any such licensed person shall be subject to the inspection and examination of the Chief of Police or any of his authorized agents.

c. Every such licensed person shall keep in a book a contemporaneous record in the English language of the business done by him as follows: A description of every article purchased or sold by him, at the time of purchase or sale, the name and residence of the person from whom the same was purchased or to whom the same was sold by him, and the day or hour of such purchase or sale. This book of record shall be subject to examination at any time by the Chief of Police or any of his authorized agents, and also by members of the Town Council.

d. Every such licensed person shall keep any property purchased or received by him for a period of ten (10) days from the date he acquires the same, and during that period such property shall not be disfigured or treated in any way by which its identity may be destroyed or affected, except, however, that any person licensed as a gatherer may at any time sell any such property to a person licensed as a keeper or foundry man within said period, and provided further that any licensed person may sell, process and melt such property within said period of ten days with the permission in writing of the Chief of Police.

e. No licensee aforesaid shall burn any material unless he has first obtained a burning permit from the Fire Department and no such permit shall be issued unless all of the owners or occupants of the land within six hundred (600) feet of the land upon which such business is to be carried on shall consent to said burning.

f. No person licensed as herein provided shall directly or indirectly either purchase or receive in barter or exchange any junk or metals, or used automobiles or machinery from any minor, knowing or having reason to believe him or her to be a minor, unless such minor shall be licensed in accordance with this section.

g. No person licensed as a keeper as aforesaid shall do or permit any business between the hours of 7:00 p.m. and 6:00 a.m.

h. Every person licensed as a keeper, as aforesaid, shall display in a conspicuous place on his place of business, the license granted to him. (Ord. 12/13/65, §1)

6-2.2 Application Information.

Every applicant for any such license shall set forth with full particulars upon a form to be furnished by the Town Clerk, answers to the following questions:

a. Name and address, both of residence and of business of the applicant.

b. Business or employment of the applicant during the five (5) years next preceding application.

c. Age of applicant. (Ord. 12/13/65, §2)

6-2.3 Expiration or Revocation of License.

All licenses granted under the provisions of this section shall expire one (1) year from the date of their issuance, providing that any such licenses so granted may be revoked at any time by the Town Council at pleasure or for cause, and no rebate shall be made from the license fee for such license for less than one (1) year. (Ord. 12/13/65,§3)

6-2.4 Storage of Junk; Fence Required.

No junk, old metal or used automobiles or machinery shall be stored by such licensed person in the open on any lot or tract of land within the Town unless the area to be used for such purposes is enclosed by a tight board fence at least six (6) feet in height that shall not be located within ten (10) feet of the boundary lines of said lot or tract of land; openings between boards not to exceed one-half (1/2) inch, and the nearest point of the property utilized for storage of junk or metal, used automobiles or machinery, shall be not less than six hundred (600) feet from any public highway. (Ord. 12/13/65, §4)

6-2.5 Public Hearing Required if Location Not Presently in Such Use; Refusal of License Upon Objections.

No license shall be granted for any location not lawfully occupied for such purpose at the time of application for the license under this section except upon written application which shall be duly advertised and upon which a public hearing shall be held. Notice of the public hearing shall be posted at least seven (7) days but not more than fourteen (14) days prior to the hearing in not less than two (2) public places in the Town and in a newspaper of general circulation in the Town. Applicant to pay the Town Clerk the sum of ten ($10.00) dollars plus cost of posting two (2) advertisements prior to the posting and advertising. Provided, however, that no license shall be granted under this section in any location not lawfully occupied for such purpose at the time of the application for such license where the owners or occupants of the greater part of the land within two hundred (200) feet of the land upon which such business is to be carried on, shall file with the Town Council their objection to the granting of such licenses. (Ord. 12/13/65, §5)

6-2.6 Violations; Penalty.

Any person who engages in the business of buying, selling, processing, bartering, or dealing in junk, old metals and any other second hand articles or used automobiles or machinery to any person establishing, operating or maintaining an automobile junkyard without having obtained a license as hereinbefore provided, or who violates any of the provisions of this section, shall pay a fine not exceeding five hundred ($500.00) dollars, or to be imprisoned not exceeding six (6) months for each offense. (Ord. 12/13/65, §6)

6-2.7 Requirements for Automobile Junkyards: Both Salvage Yards and Scrap Parts Yards.

No license shall be granted for an automobile junkyard unless it is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or unless it is

a. More than six hundred (600) feet from any State highway; and

b. More than three hundred (300) feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and

c. Screened from view either by natural objects or well constructed and properly maintained fences at least six (6) feet high acceptable to the Town and so specified on the license. (Ord. 12/13/65, §7)

6-2.8 Revocation of License.

The Town Council shall have the right to revoke this license at pleasure, or upon violation of this section, or, in the event any such licensee is deemed to be operating a nuisance, the revocation shall become effective only after a public hearing, the location, date and time of which to be determined by the Town Council after receipt of a complaint and after notice has been sent to the licensee effected. This notice shall be given to the licensee at least five (5) days prior to the date of the hearing. (Ord. 12/13/65, §8)

6-3 Public Laundries

6-3.1 Permit Required.

No person shall operate a public laundry within the Town unless a permit is obtained from the Town Council for the operation thereof. Such permit shall be issued only after the Town Council has caused an inspection to be made of such laundry and upon such terms and subject to such rules and regulations as are hereinafter provided for the purpose of protecting the public health and the suppression of unsanitary conditions. (Ord. 3/25/64)

6-3.2 Term of Permit; Fee.

Every permit issued under this section shall continue in force until April 1 in the year following its issue unless sooner revoked or suspended, and for each permit the person to be licensed shall pay a fee in the amount of ten ($10.00) dollars per year or a pro rata sum for the unexpired portion of any year, all fees to be paid into the Town Treasury. (Ord. 3/25/64; Ord. 5/7/81, §2)

6-3.3 Revocation and Suspension.

Any permit issued maybe revoked or suspended by the Town Council for cause shown after a hearing of which the holder of such permit shall receive seven (7) days notice in writing. (Ord. 3/25/64)

6-3.4 Application Information.

Application for this permit shall be made in such form and shall contain such information in regard to the public laundry for which it is desired as hereinafter required. The application for such permit may be made at any time. Within forty (40) days after the receipt of any such application, the Town Council shall determine whether or not the permit applied for shall be granted. The Town Council shall give the applicant for, or holder of, any permit notice in writing of any decision it may make in relation thereto, and any such applicant or holder aggrieved by such decision may, within thirty (30) days after receipt of such notice, appeal therefrom to the Superior Court as provided by law. (Ord. 3/25/64)

6-3.5 Display of Permit.

Every person to whom a permit is issued under this section shall keep the same displayed in a conspicuous place in the office or place of business for which it is issued, and shall whenever requested exhibit the same to the Town Council or its duly authorized agent. The Town Council shall cause inspection to be made of each public laundry before a permit is issued for its operation and at least once a year after such first inspection, and for such purpose and for the enforcement of the provisions of this section, the Town Council and its duly authorized agent may enter upon and inspect any premises which it has reason to believe are being conducted, operated and maintained as a public laundry. (Ord. 3/25/64)

6-3.6 Rules and Regulations.

a. "Public laundry" shall mean and include any plant or equipment conducted or operated as a laundry for profit, and for which business is solicited from the general public, but shall not mean or include a laundry operated exclusively for and in connection with a hospital, school or other institution, hotel, boarding house or private dwelling, nor a laundry operated by one institution which also serves another institution.

b. A "public laundry" shall mean and include laundromats or automatic laundries, so-called.

c. No public laundry shall be operated between the hours of 10:00 p.m. and 7:00 a.m. of any weekday, nor on Sunday or any legal State holidays, provided however, that nothing herein shall be deemed to exclude the collection of articles to be washed or cleaned at any time of the day or night in duly licensed laundries or those existing outside of the Town of Little Compton.

d. All applicants under the provisions of this section shall, prior to the issuance of a permit, prove to the satisfaction of the Town Council the suitability of the water to be utilized in the laundry. The water shall be tested and shall pass the standard requirements of the State Department of Health. If the water does not pass the standard requirements of the State Department of Health, no permit shall be issued. The applicant shall furnish the Town Council with a written certificate of satisfactory water condition of the State Department of Health.

e. The applicant shall further provide to the satisfaction of the Town Council sufficient sewerage facilities to take care of peak operation of the laundry at all times. The sewerage facilities shall be of a design and construction to be approved by the Council in advance of the issuance of a permit. The construction shall be shown by the applicant on a plat and the applicant shall furnish a location and design so that the distance between well and septic tank shall be at least three hundred (300) feet and the distance from septic tank and any well or facility of abutting land owners shall be at least four hundred (400) feet apart. (Ord. 3/25/64, § 6)

6-3.7 Violations; Penalty.

Any person, and any official or agent of a corporation or association operating or maintaining a public laundry or making collection of articles to be washed or cleaned therein contrary to the provisions of this section or who shall in any way interfere with the Town Council or its duly authorized agent in the inspection of any premises as prescribed in this section, or who shall operate or maintain any public laundry without a permit as prescribed in this section shall be punished by a fine of not more than five hundred ($500.00) dollars or by imprisonment for not more than ten (10) days or by both such fine and imprisonment and each day of such operation after due notice from the licensing authority shall be deemed a separate offense. (Ord. 3/25/64, § 7)

6-3.8 Statutory Authority.

This section is hereby enacted under the provisions of Title 5, Chapter 16, of the General Laws of the State of Rhode Island of 1956, as amended.

6-4 Miscellaneous License Fees,

a. The Town Clerk is authorized to grant the following licenses upon submission of an application and payment of fees.

Entertainment	$10.00 per night
Bingo	10.00 per night
Dance	10.00 per night
Masquerade balls	10.00 per night
Moving picture shows	10.00 per night

b. The Town Clerk is authorized to issue the following licenses subject to prior approval by the Town Council and upon payment of fees.

Entertainment	$75.00 per year
Bingo	75.00 per year
Bowling alley (each alley)	20.00 per year
Dance (over one (1) day to six (6) months)	40.00 per year
Dances (up to one (1) year)	75.00 per year
Moving picture shows	75.00 per year
Pooltable, pinball machine, mechanical music machine, electronic music machine, video game (each table machine, or game)	20.00 per year
Holiday sales	50.00 per year
Victualing house, tavern, etc.	20.00 per year
Laundromat	20.00 per year

c. No license shall be granted until the following conditions have been fulfilled:

1. All Town taxes and fees shall have been paid to date to the Town Treasurer and Collector of Taxes or other Municipal Agency authorized to collect such fees or taxes.

2. All conditions for operation of said establishment imposed on said establishment by any Town Board or Commission shall have been complied with in full.

d. All licenses shall come due on December 1. Any license for a partial year or any seasonal license shall pay the full fee unless otherwise provided in this section.

e. Penalty. Any person violating any of the provisions of this section, or any of the rules and regulations promulgated by the Town Council in carrying out the provisions of this section, shall be fined not more than one hundred ($100.00) dollars, or be imprisoned not exceeding thirty (30) days, or both.

(Ord. #1981-2, § 1, 2; Ord. 6/10/82; Ord. 9/22/88; Ord. 8/5/93; Ord. 9/8/05)

6-5 Alcoholic Beverages Licenses.

6-5.1 Application for License.

Any person submitting an application for an alcoholic beverage license shall do so in accordance with the provisions set forth in the General Laws of Rhode Island, 1956, as amended.

6-5.2 Granting and/or Renewal of License.

The Board of License Commissioners shall not grant any alcoholic beverage license, except a Class F or F-1, until the following conditions have been fulfilled:

a. All requirements under the General Laws of Rhode Island, 1956, as amended.

b. All State and Town taxes pertaining to the establishment have been paid.

c. If a corporation, proof of incorporation and good standing from the Rhode Island Secretary of State has been filed with the Board.

d. If a renewal, an activity report for the establishment has been received from the Chief of Police.

e. All conditions for operation of said establishment imposed on said establishment by any Town Board or Commission shall have been complied with in full.

(Ord. 8/5/93)

6-5.3 Limit on Number of Licenses.

Class A	Two (2)
Class B-V	Four (4)
Class B-V, Limited	One (1)
Class D, Full	Two (2)
Class F	Unlimited
Class F-1	Unlimited
(Ord. 9/8/05)

6-5.4 Fee Schedule.

Class A	$400.00†
Class B-V	500.00†
Class B-V, Limited	500.00†
Class D, Full	400.00†
Class F	15.00*†
Class F-1	35.00^*†
Transfer Fee of a Class A, B-V or D (full) Beverage License	100.00

†Prorated to December 1.

(Ord. #1981-1, § 1-4; Ord. 11/10/83; Ord. 8/7/86; Ord. 11/21/91; Ord. 1-10-02; Ord. 11/6/03; Ord. 9/8/05)

6-6 Private Detectives.**

6-6.1 Definition.

"Private detective" shall mean any person who accepts employment for hire, fee, or reward to conduct investigations involving inquiries into unsolved crimes, clandestine surveillance, search for missing persons, search for lost or stolen property, or into the character or kind of business or occupation of any person. (Ord. 5/23/91)

6-6.2 License Required.

No person shall operate as a private detective in the Town of Little Compton without first obtaining a license therefor from the Town Council as provided in this section. (Ord. 5/23/91)

6-6.3 License Qualifications.

In order to be eligible for a license, an applicant must:

a. Be a resident of Little Compton and a citizen of the United States or a resident alien;

b. Not have been convicted of a felony in any jurisdiction;

c. Not have had any previous private investigator license or registration revoked, or application for such license or registration denied, by the appropriate authority of any local licensing authority;

d. Not have been declared by any Court of competent jurisdiction incompetent by reason of mental defect or disease unless said Court has subsequently determined that his or her competency has been restored;

e. Not suffer from habitual drunkenness or from illegal narcotics, addiction or other illegal drug dependency;

f. Be of good moral character;

g. Have:

1. At least five (5) years experience as an investigator, or as a police officer with a State, County or municipal police department, or with an investigative agency of the United States of America or of any State, County or municipality; or (2) a degree in criminal justice from an accredited college or university; or (3) been employed by a private detective as an investigator for at least five (5) years; or (4) substantially equivalent training or experience. (Ord. 5/23/91)

6-6.4 Application for License.

Applications for licenses issued under this section shall be made upon blank forms prepared and made available by the Town Clerk and shall state the following:

a. The full name, age, residence, and previous occupation of the applicant.

b. Whether the applicant is a citizen of the United States or resident alien and a resident of Little Compton and for how long.

c. Whether the applicant has ever pleaded guilty or been convicted of a felony.

d. Whether the applicant has been declared by a court to be incompetent by reason of mental defect or disease unless said court subsequently determined that the applicant's competency has been restored.

e. Whether the applicant suffers from habitual drunkenness or from illegal narcotics addiction or other illegal drug dependency.

f. The experience of the applicant as an investigator or as a police officer with a State, County or municipal police department or with an investigative agency of the United States of America or of any State, County or municipality.

g. Whether the applicant has received a degree in criminal justice from an accredited college or university, and if so the details thereof.

h. The number of years the applicant has been a private detective or has been employed by a private detective as an investigator.

(Ord. 5/23/91)

6-6.5 Application. Fee.

The application required shall be accompanied by a filing fee of fifty ($50.00) dollars payable to the Town Clerk of Little Compton. (Ord. 5/23/91)

6-6.6 Investigation and Action on Application.

After an examination of the application and such further inquiry and investigation as deemed necessary and proper by the Town Council as to the good character, competency and integrity of the applicant and person named in the application, the Town Council shall within thirty (30) days after the receipt of the application, or as soon as practicable, notify the applicant as to the issuance or denial of the license. (Ord. 5/23/91)

6-6.7 Grounds for Denial of Application for License or Renewal of License.

The Town Council shall deny the application for or renewal of licenses if it finds that the applicant:

a. Does not meet the qualifications for a license set forth in this section, or if the applicant has violated any of the provisions of this section;

b. Practices fraud, deceit or misrepresentation;

c. Makes a material misstatement in the application for or renewal of a license; or

d. Demonstrates incompetence or untrustworthiness in actions affecting the conduct of his or her private detective business.

(Ord. 5/23/91)

6-6.8 Procedure for Approval or Denial of Application.

The Town Council in approving or denying an application for a license or renewal shall:

a. If the application is approved, issue a license in the form prescribed by this section.

b. If the application is denied, notify the applicant in writing of same stating its reasons for such action.

c. If the applicant, within fifteen (15) days of the Council's denial of the application, requests a hearing the Council shall grant such a hearing and give the applicant due notice thereof. (Ord. 5/23/91)

6-6.9 Renewal of Licenses.

Each license shall expire one (1) year after its date of issuance. Subject to the Council's power to deny, revoke or suspend, any license shall be renewable by the Council upon proper application and payment of license fees. An application for renewal must be received by the Town Council at least thirty (30) days prior to the expiration date of the license. If the Council denies such application for renewal, the applicant may within fifteen (15) days after receipt of notice of such denial, request a hearing, and the Council shall afford such a hearing and give due notice to the applicant. (Ord. 5/23/91)

6-6.10 License Fee.

The license fee for a private detective shall be one hundred fifty ($150.00) dollars annually. (Ord. 5/23/91)

6-6.11 Conditions of License.

a. No license issued under this section shall be assigned or transferred.

b.A license may be suspended or revoked if the licensee:

1.Violates any provisions of this section; or

2.Practices fraud, deceit, or misrepresentation.

c. Each license shall be surrendered within seventy-two (72) hours after it has been revoked or after the licensee ceases to do business pursuant to an order of suspension.

d. The licensee shall notify the Town Council in writing within five (5) days of any material change in the information previously furnished to the Town Council or of any occurrence which could reasonably be expected to affect such license.

(Ord. 5/23/91)

6-6.12 Uniform and Equipment.

a. No individual, licensed by or subject to the provisions of this section, shall wear or display any insignia, patch or pattern which shall indicate, or tend to indicate, that he is a law enforcement officer of the Federal government, a State, or any political subdivision thereof, or which contains or includes the word "police", or the equivalent thereof, or is similar in wording to any law enforcement agency in this State. All badges, shields and any other devices shall not indicate or tend to indicate that it represents that of any law enforcement officer of the Federal government, a State or any other political subdivision thereof. All such wording must be approved by the Town Council.

b. No person while performing any activities licensed by this chapter, shall have or utilize any vehicle or equipment displaying the words "police", "law enforcement officer", or the equivalent thereof or have any sign, shield, marking, accessory or insignia that may indicate that such vehicle is a vehicle of a public law enforcement agency. All such wording must indicate private detective or private investigating agency and be approved by the Town Council. (Ord. 5/23/91)

6-6.13 Bond Requirement.

No license shall be issued under this section until the applicant has filed with the Town Clerk a bond with a surety company authorized to do business in the State of Rhode Island, conditioned for the benefit of any person injured by willful malicious, or wrongful acts of the licensee, which, in the case of an individual, shall be five thousand ($5,000.00) dollars. (Ord. 5/23/91)

6-6.14 Identification Cards.

Identification cards shall be carried by persons licensed under this chapter. Every person in the employ of the licensee shall be given an identification card by the licensee. The identification card shall be approximately two and one half (2 1/2) inches wide and three and one half (3 1/2) inches long, and shall bear upon it the name of the person, the name of the licensee (business name), date of birth of the individual, residence address, his or her left thumb-print, and a photograph, and a space which the licensee shall write his or her usual signature with pen and ink. (Ord. 5/23/91)

6-6.15 Prohibited Activities.

It is unlawful, under this section, to knowingly commit any of the following:

a. Provide any service required to be licensed under this chapter without possession of a valid license issued by the Town Council.

b. Employ any individual who has not first complied with all the provisions of this section.

c. Falsely represent that a person is the holder of a valid license.

d. Possess a license or identification card issued to another person.

e. Wear or display any insignia in violation of subsection 6-6.12.

(Ord. 5/23/91)

6-6.16 Duties of Licensee.

a. The licensee shall post the license in the primary place of business and carry proper identification cards as provided for in this chapter.

b. The licensee shall report all felonies immediately to the Rhode Island State Police, appropriate Federal Agency, or to the Town Police Department where the crime has occurred.

(Ord. 5/23/91)

6-6.17 Penalty.

Any person violating this section shall be imprisoned five (5) days or fined five hundred ($500.00) dollars. (Ord. 2/18/93)

CHAPTER VII BUILDING AND HOUSING

7-1 Permits.

7-1.1 Conformity with State Building Code Required.

No building or construction of any sort shall take place within the Town of Little Compton except in conformity with the Building Codes of the State of Rhode Island. (Ord. 6/29/77; Ord. 6/18/98)

7-1.2 Applications for All Permits.

Applications for all permits shall be made to the Building Official of the Town on forms prescribed by the Building Official in conformity with the State Building Codes. (Ord. 6/29/77; Ord. 6/18/98)

7-1.3 Fees for all Permits.

The fees for all permits shall be in accordance with the attached Schedules. Any fee not listed in the Schedules, will be at the discretion of the Building Official. (Ord. 6/29/77; Ord. 6/18/98)

7-1.4 Late Filing Fee.

Any person, firm or corporation who does any building or construction work for which a permit is required under the provisions of the Rhode Island State Building Codes and who does not secure such a permit prior to commencing such work but applies for a permit after the work has been commenced, then in all such cases, such person, firm or corporation shall pay as a late filing fee, an additional fee in the amount of fifty (50%) percent of the regular fee, with a minimum late filing charge of twenty ($20.00) dollars. (Ord. 6/7/79; Ord. 6/18/98)

7-1.5 Fees for Non-Profit Tax Exempt Organizations.

All permit fees for non-profit, tax exempt organizations in the Town of Little Compton as listed in the tax rolls will be waived. (Ord. 11/21/89; Ord. 6/18/98)

7-1.6 Cancelled Permits.

Upon written request of an applicant for a cancellation of a permit already issued and for which no work has been started, the Building Official may at his discretion honor such request. In such instances, upon written request from the Building Official the Town Treasurer will return to the applicant eighty (80%) percent of the original fee collected. (Ord. 11/21/89; Ord. 6/18/98)

7-1.7 Fees and Taxes.

No person, firm or corporation shall be issued any permits until all municipal fees and taxes shall have been paid to date to the Town Treasurer and Collector of Taxes or other municipal agency authorized to collect such fee or taxes. (Ord. 5/20/93; Ord. 6/18/98)

7-1.8 Driveway Cut.

No permits shall be issued for any new construction on any Town maintained road until the Highway Supervisor has inspected and certified in writing to the Building Official that a new or existing driveway will not cause a drainage or a hazardous problem on or to the road. (Ord. 2/20/97; Ord. 6/18/98)

7-1.9 Reinspections.

Any work for which a permit has been issued and which does not conform with the State Building Codes or Town Ordinances, will not be approved. After the violations have been corrected, the Building Official or his authorized representative will reinspect after the payment of a fee of fifty ($50.00) dollars. (Ord. 6/18/98; Ord. 2/10/05)

SCHEDULE I BUILDING PERMIT FEES

Construction Cost	Fee Charged
Initial Fee	$40.00
$1.00 to $1,498.00	$20.00
$1,499.00	$24.00
$2,999.00	$26.00
$4.999.00	$30.00
$7,999.00	$39.00
$9,999.00	$41.00
$14,999.00	$47.00
$19,999.00	$55.00
$24,999.00	$65.00
$29,999.00	$83.00
$39,999.00	$100.00
$49,999.00	$118.00
$59,999.00	$148.00
$69,999.00	$171.00
$79,999.00	$195.00
$89,999.00	$248.00
$99,999.00	$319.00
$129,999.00	$389.00
$149,999.00	$472.00
$199,999.00	$625.00
$299,999.00	$791.00
$399,999.00	$944.00
$499,999.00	$1,045.00
$599,999.00	$1,147.00
$699,999.00	$1,248.00
$799,999.00	$1,350.00
$899,999.00	$1,558.00
$999,999.00	$1,735.00

Over $1,000,000.00, fee will be $3.00 per thousand.

(Ord. 6/29/77; Ord. 1/10/84; Ord. 2/23/84; Ord. 9/4/86; Ord. 1/10/91; Ord. 6/18/98; Ord. 6/21/01; Ord. 1/20/05)

SCHEDULE II PLUMBING PERMIT FEES

Initial Fee

$100.00

All Fixtures (per fixture)

5.00

Modular Homes

50.00

Manufactured Homes (Mobile Homes)

50.00

(Ord. 6/29/77; Ord. 1/10/84; Ord. 2/23/84; Ord. 9/4/86; Ord. 1/10/91; Ord. 6/18/98; Ord. 6/21/01; Ord. 12/4/03)

SCHEDULE III ELECTRICAL PERMIT FEES

Initial Fee

$100.00

Outlets, including lights, switches, receptacles, furnaces and all other wire terminations (per outlet)

0.35

New Service

50.00

Revamp Service

50.00

Temporary Service

50.00

Modular Homes

50.00

Manufactured Homes (Mobile Homes) including service

50.00

Security System Fee

50.00

(Ord. 6/29/77; Ord. 1/10/84; Ord. 2/23/84; Ord. 9/4/86; Ord. 1/10/91; Ord. 6/18/98; Ord. 2/18/99; Ord. 6/21/01; Ord. 12/4/03)

SCHEDULE IV MECHANICAL PERMIT FEES

Initial Fee

$100.00

Boilers and Furnaces

50.00

Replacement of Boilers and Furnaces

50.00

Central Air Conditioning

50.00

Modular Homes

50.00

Manufactured Homes (Mobile Homes)

50.00

(Ord. 6/29/77; Ord. 1/10/84; Ord. 2/23/84; Ord. 9/4/86; Ord. 1/10/91; Ord. 6/18/98; Ord. 6/21/01; Ord. 12/4/03)

SCHEDULE V MISCELLANEOUS FEES

Initial Fee

$20.00

Demolition and Moving

25.00

Certificates of Occupancy

25.00

Tents (temporary)

25.00

Swimming Pools (above ground)

25.00

Swimming Pools (in-ground)

40.00

Fences

25.00

All Commercial Permits

3% of cost

(Ord. 6/18/98; Ord. 6/21/01)

7-2 Uniform System for the Numbering of Buildings and Lots.

7-2.1 Preamble.

Acting under the authority granted under Section 45-6-1 of the General Laws of Rhode Island, 1956 as amended, the Town Council of the Town of Little Compton hereby ordains this section establishing a uniform system for the numbering of residential, commercial, and industrial buildings and lots in the Town of Little Compton. (Ord. 10/9/80, §1)

7-2.2 Purpose.

The standards set forth in this section are made for the purpose of promoting the public health and safety by providing a means of locating residential and other structures by police, fire, and other emergency services and for such other purposes requiring the location of residential and other structures as may be required. (Ord. 10/9/80, §2)

7-2.3 Administration.

This building and lot numbering system shall be administered by the Little Compton Town Council who shall assign building numbers to all residential, commercial, and industrial structures and lots in conformity with the plan developed pursuant to this ordinance. The Town Council shall also be responsible for maintaining the following official records of this numbering system.

a. A Town map for official use showing said numbering system.

b. A Town-wide alphabetical list of property owners by last name, showing the assigned numbers.

c. A Town-wide alphabetical list of streets with property owners listed in order of their assigned numbers.

7-2.4 Numbering System.

The following criteria shall govern the development of the numbering system and the assignment of numbers.

a. Number Interval. Each eight hundred (800) feet of every street shall be assigned twenty (20) number intervals, ten (10) odd numbers and ten (10) even numbers at intervals of eighty (80) feet on each side of the street.

b. Odd and Even Numbers. Odd numbers shall be on the right-hand side of all streets, facing from the point of number origin to the point of number destination of each street.

c. Number Origins. On through streets which terminate at another street at both ends, numbers shall start at the northerly end of streets which run in a generally north-south direction and shall start at the easterly end of streets which run in a generally east-west direction. Streets running in other directions shall start numbers at whichever end is most northerly or easterly.

On dead-end streets or cul-de-sacs, numbers will start at the intersection of origin of the street and run toward the dead end or turnaround.

Exceptions to either of the above shall be decided on a case-by-case basis.

d. Common Access. Where several residences or other structures are served by a common driveway or a private right-of-way which is not on a street recognized by the Town, the number at the entrance shall apply to all residences and structures served by the drive or way and each separate residence or structure shall be identified by a suffix letter. As with dead end streets, letters will start at the intersection of origin of the street and run toward the dead end or turnaround. Where possible, letters shall be assigned using the same interval in feet as used on recognized streets.

e. Number Assignment. The number assigned to each residence or other structure shall be the number which falls closest to the main entry or driveway providing access to the property as shown on the official map of street numbers. (Ord. 10/9/80, §4)

7-2.5 Compliance.

All residents and other occupants are requested to display assigned numbers in the following manner.

a. Number on the Structure or Residence. Where the residence or structure is within fifty (50) feet of the edge of a street right-of-way, the assigned number shall be displayed on the front of the residence or structure in the vicinity of the front door or entry.

b. Number at the Street Line. Where the residence or structure is over fifty (50) feet from the edge of the street right-of-way, the assigned number shall be displayed on a post, fence, wall, or the mail box at the property line adjacent to the walk or access drive to the residence or structure.

c. Size and Color of Number. Numbers shall be displayed in a color and size approved for use by the Town Council and shall be so located as to be visible from the street.

d. Interior Location. All residents and other occupants are requested to post the assigned number and street name adjacent to their telephone for emergency reference.

(Ord. 10/9/80, § 5)

7-2.6 New Development.

Whenever any residence or other structure is constructed or developed, it shall be the duty of the new owner to procure an assigned number or numbers from the Fire Chief. This shall be done at the time of the issuance of the building permit. (Ord. 10/9/80, § 6)

7-2.7 New Subdivisions.

Any prospective subdivider shall show a proposed lot numbering system on the preapplication submission to the Little Compton Planning Board. Approval of the Plan Commission shall constitute the assignment of numbers to the lots in the subdivision. (Ord. 10/9/80, § 7)

7-2.8 Effective Date.

This ordinance shall take effect upon passage and number assignment shall be initiated by the Town Council upon completion of the official map of street numbers and the availability of such official map of street numbers in the office of the Little Compton Town Clerk. (Ord. 10/9/80, § 8)

7-3 Alarm User.

7-3.1 Title.

This section shall be known as the Alarm User Ordinance. The purpose hereof is to protect the fire and police services of the Town from misuse, and thereby to protect the health, welfare, and safety of the public generally. (Ord. 6/18/92; Ord. 8/7/03)

7-3.2 Definitions.

a. The words used herein shall be construed according to their common usage and definition.

b. The word "shall" as used herein is used in its mandatory sense. Whenever not inconsistent within the context thereof, words used herein in the singular sense shall include the plural sense, and words used in one gender shall be deemed to include all genders.

c. The following words and phrases shall have the following meanings:

Alarm system or device or system shall mean any equipment or assembly of equipment, of whatever nature, designed to detect and signal a fire or an intruder in or upon premises, with respect to which signal fire and/or police personnel are expected to respond.

Alarm user or user shall mean any person, group of persons, association, firm, partnership, corporation or organization of any kind, in ownership, possession or control of any building wherein a system is maintained or installed for activation in the event of a fire or an intruder, in or at such building structure or facility.

Audible-visual alarm shall mean any device designed for the protection against a fire or an intruder therein, which device generates an external audible sound or flashing light, or both, when it is activated.

False alarm (hereinafter sometimes referred to as "alarm") shall mean any alarm or signal through the activation of such system when no fire and/or emergency exist. The term shall include any alarm or signal occasioned by a malfunction or other defect in the system and by any intentional act of the user or by agent, servant or employee of the user, or by any member of the user's household or any person testing a system without notice to the fire/police alarm personnel, fire/police dispatcher or any other person lawfully having access to such system. It shall not include a signal caused by acts of nature or other extraordinary circumstances not reasonably subject to the control of the alarm user.

Interconnect shall mean to connect an alarm system, including an automatic dialing device, to a telephone line, either directly or through a mechanical device, that utilizes a telephone for the purpose of using a telephone line to transmit a message upon the activation of the system.

(Ord. 6/18/92; Ord. 8/7/03)

7-3.3 Alarm User's Registration Required.

a. Except as hereinafter provided, every alarm user shall obtain a user's registration from the Fire/Police Department (a) in the case of a system already installed within ninety (90) days of the effective date of this section, (b) otherwise prior to the installation and use of a new system, and (c) within ninety (90) days of transfer of ownership of the protected property. Said registration shall have a fee of ten ($10.00) dollars. Fee shall be waived for the registration of medical alarms.

b. Failure to register an alarm as stated in subsection 7-3.3 shall subject an alarm user to a fine of one hundred ($100.00) dollars.

(Ord. 6/18/92; Ord. 8/7/03)

7-3.4 Violations.

a. It shall be unlawful for any person to program an automatic dialing device to select a primary trunk line as identified by the Fire/Police Department, without specific approval from said department.

b. It shall be unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device, which is designated to connect a primary trunk line within twelve (12) hours of receipt of written notice from the Fire/Police Department, that it is so programmed.

(Ord. 6/18/92; Ord. 8/7/03)

7-3.5 Control of Audible Alarms.

A user utilizing an audible alarm or flashing light, or combination of the two, on the premises only, and not connected to the Fire/Police Headquarters, shall obtain a user's registration. The user of such alarm shall file at Fire/Police Headquarters the names and telephone numbers of at least two (2) persons who shall respond within a reasonable time, not to exceed twenty (20) minutes, on request of the Fire/Police Department with the means and knowledge, to deactivate the alarm. (Ord. 6/18/92; Ord. 8/7/03)

7-3.6 Testing System.

No person holding a user's registration shall test any system without notice to the personnel on duty at the Fire/Police Department. (Ord. 6/18/92; Ord. 8/7/03)

7-3.7 False Alarms.

Any alarm user who has a false alarm as a result of a malfunction or defect in such system shall undertake measures to have the system fault corrected or repaired within twenty-four (24) hours of such false alarm and said correction or repair shall be subject to inspection and approval by the Fire/Police Chief. Any alarm user who has a false alarm is subject to the penalties listed in subsection 3-4.2. (Ord. 6/18/92; Ord. 8/7/03)

7-3.8 Smoke or Fire Alert Alarms or Detectors.

Nothing herein shall be deemed to prohibit the installation and use of so-called "smoke or fire alert detectors", designed for the internal use for the protection, safety and well-being of occupants at any building, structure or facility, and no permit shall be required for the installation or use of the same. (Ord. 6/18/92; Ord. 8/7/03)

7-3.9 Penalties.

Any violation of any provision of this section shall be punishable by the applicable penalties listed in subsection 7-3.3b. and subsection 3-4.2. In the event of a violation by a corporation, any responsible officer of the corporation shall be liable for the above penalty. (Ord. 6/18/92; Ord. 8/7/03)

7-3.10 Confidentiality.

All statements and information relating to the installation and location of a system given to the Fire/Police Chief or his designees shall be maintained in strict confidence, and may be public only when required in a prosecutive action resulting from the violation of any part of this section, or by order of a court of competent jurisdiction. (Ord. 6/18/92; Ord. 8/7/03)

7-3.11 Severability.

If any provision of this section or the application hereof is held invalid, such invalidity shall not affect other provisions hereof which can be given effect without the invalid provision or application, and to that end, the provisions hereof shall be deemed severable. (Ord. 6/18/92; Ord. 8/7/03)

7-3.12 Alarm Service.

It shall be the obligation of the alarm user to provide training for employees and/or occupants of the building in silencing the alarm system, upon authorization by Fire/Police Department personnel. Resetting the alarm, by trained personnel, shall not be done until cleared' through the Fire/Police Department and/or alarm service company. The responding Fire/Police Department personnel are not obligated to silence the alarm system or to reset it. The Fire/Police Department is an emergency service, and is not liable for the functioning of the system. (Ord. 6/18/92; Ord. 8/7/03)

CHAPTER VIII STREETS AND SANITATION

8-1 Disposal of Waste.

8-1.1 Dumping Rubbish, Garbage and Trash Prohibited.

No person shall deposit or dump, or cause to be deposited or dumped, any rubbish, garbage, house offal or refuse, animal or vegetable matter of any kind, in any street, lane, highway, or common, or upon any part of any public beach or upon any public lands or upon that part of any land or shore which is flowed by the waters of the Atlantic Ocean and/or Sakonnet River within this Town, or upon any property not belonging to said person, without the permission of the owner thereof. (Ord. 11/14/38; Ord. 5/8/80, §1)

8-1.2 Depositing Filth, Brine, or Other Offensive Substances Prohibited.

No person shall throw, pour, or in any way deposit, place or cause to be placed any filth, brine, dirty water, dirt, rubbish, or other offensive substance of any description whatsoever, or any paper, sawdust, shavings or any refuse animal or vegetable matter of any kind in any street, wharf, lane, highway, common, park, or public land in the Town. (Ord. 5/8/80, §2)

8-1.3 Property Not to Breed Mosquitoes or Rodents.

All owners or tenants of real estate in the Town shall keep the same free from accumulating waste, that because of its nature, condition or proper storage, may invite the breeding or collecting of flies or mosquitoes or rodents, or that may in any other manner be prejudicial to the public health, welfare or safety of the inhabitants of the Town. (Ord. 5/8/80, §3)

8-1.4 Town Dump Designated.

The Town Council shall designate an area as the Town dump. No person may operate a commercial waste disposal site within the Town other than on the designated area. The Town dump shall be operated under the authority of the Town Council in such manner and under such rules and regulations as the Town Council may adopt. It is also to be understood that the dump shall conform to all Federal and State laws and/or rules and regulations. (Ord. 5/8/80, §4)

a. All waste shall be transported to the Town dump at the expense of the owner thereof. "Waste" shall mean all trash, rubbish, garbage, offal and other refuse or discharged or discarded matter. (Ord. 5/8/80, §5)

b. No waste shall be dumped or left on any private property, or any road or highway, or property of the Town, other than at the Town dump. (Ord. 5/8/80, §6)

c. No carcass of an animal shall be deposited at the Town dump. Such carcass shall be buried by the owner of the animal or by the person on whose property the carcass may be found. (Ord. 5/8/80, §7)

d. The Town dump shall be for waste generated by Little Compton residents only and no person shall deposit waste at the Town dump, or make any use of this dump without first obtaining a permit, which shall be obtained from the office of the Town Clerk of the Town of Little Compton. The fee for said permit shall be determined by the Town Council of the Town. All persons collecting waste as a business and depositing the same within Little Compton, shall do so only if the loads are covered and protected so said waste cannot fall or be blown from the vehicle being utilized. (Ord. 5/8/80, §8)

e. Type of Disposal Area. The Little Compton Dump shall be operated as a transfer station. At the discretion of the operator or contractor there may be provisions for the recycling of materials such as metal, glass, or newspaper. Other waste shall be in lengths and/or widths of not greater than three (3) feet and shall be deposited in a compactor for transfer to an approved disposal site. Exceptions to the three (3) foot length may be granted if the item is easily compacted.

8-1.5 Rules and Regulations for the Town Transfer Station.

a. It is important that the Town have rules and regulations for an orderly and systematic process for the disposal of trash and garbage at the transfer station. Therefore, these rules and regulations are adopted by the Town Council pursuant to subsection 8-1.4 of the Town Code.

b. Hours of Operation. The transfer station will be open the following days:

May 1 through October 31

Monday and Friday - 1 p.m. to 7 p.m.

Tuesday and Thursday - 8 a.m. to 6 p.m.

Saturday - 8 a.m. to 4 p.m.

November 1 through April 30

Monday and Friday - 10 a.m. to 6 p.m.

Wednesday and Saturday - 8 a.m. to 4 p.m.

If the transfer station is closed due to a holiday, the hours of operation for the day following the holiday shall be the same as the day on which the holiday falls, except if the holiday falls on a Saturday.

Contracting and/or construction debris will not be accepted on Saturday.

c. Residence stickers will allow access to and use of the transfer station.

d. Recycling of Materials.

1. Mandatory Recycling. A mandatory recycling program is hereby implemented in the Town of Little Compton pursuant to Chapters 23-18.8, 23-18.9 and 23-19 of the Rhode Island General Laws and the Rhode Island Department of Environmental Management Municipal Recycling Regulations, as amended.

2. Definitions.

(a) Mixed recyclables are those materials required to be removed from municipal solid waste at the source and delivered directly to the Town recycling facility or placed in or on top of the set-out container provided by the Solid Waste Management Corporation for collection by a privately contracted hauler.

(b) Recyclable materials are those separated from municipal solid waste for processing for reuse as specified by the Director of DEM and listed in Section 4 of the Municipal Recycling Regulations and within this paragraph. The materials to be included may change from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects or mutual agreement between the State and municipalities.

(c) Resident is anyone (including any business entity regardless of organizational form) residing in the Town of Little Compton for any period of time who generates solid waste for which the Town accepts disposal responsibility.

(d) Solid waste is garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but not including solids or dissolved material in domestic sewage or septage nor hazardous waste as defined in the Hazardous Waste Management Act, Chapter 23-19.1 of the Rhode Island General Laws.

(e) Source separation is the removal by the generator of recyclable materials including mixed recyclables from all other solid waste generated by the household and conveyance of the recyclable materials to the Town recycling facility or to the curbside for collection by a private hauler.

3. Residential Recycling.

(a) All residents are required to separate recyclable materials from residential solid waste and to deliver those materials directly to the Town recycling facility or to have them delivered to a Town or State recycling facility by a private hauler. This paragraph does not, however, bar any residents from giving recyclable materials to a nonprofit or private organization.

(b) The following materials are required to be separated from residential solid waste and delivered to a Town or State recycling facility:

(1) Newspapers

(2) Aluminum

(3) Steel/tin cans

(4) Glass containers

(5) PET plastic soda bottles

(6) HDPE plastic dairy jugs

(7) Other materials determined by the Department of Environmental Management to be recyclable in its Municipal Recycling Regulations, Section 4-1.

(c) All separated materials are to be delivered to a Town, State or State designated recycling facility in a processable condition, i.e., at a minimum, all glass, plastic, steel/tin and aluminum containers shall be empty and rinsed, aluminum foil shall be clean, webbing shall be removed from aluminum furniture, no noncontainer glass shall be mixed with the recyclables, newspapers shall be placed in a brown paper bag or tied in bundles with a string and any other requirements in DEM's Municipal Recycling Regulations, Appendix A.

4. Public Events. The separation of recyclables from solid waste shall be a condition of licensing or authorization of any public event, the conduct of which generates solid waste for which the Town accepts disposal responsibility.

5. Ownership of Recyclables. Any recyclable materials, as defined by this paragraph, once placed in a designated pickup place or delivered to a Town facility, become the property of the Town and no person not permitted by the Town shall collect such materials except as specifically authorized by the Town. The Town may issue permits to charitable organizations to collect recyclable materials on the condition that a report is filed by said organizations detailing the weights of each material collected in compliance with the Rhode Island Department of Environmental Management reporting requirements and provided that the Town determines that said collection does not conflict with the Town's recycling program. Such permit shall be obtained from the Town Clerk after application is made on a form furnished by the Town Clerk. The fee for such permit shall be ten ($10.00) dollars to be paid at the time of application.

e. The following items will be accepted at the transfer station:

1. Normal residential household trash and garbage. All trash shall be transported to the transfer station in leak-proof containers with closed tops.

2. Hedge trimmings which will be neatly tied in three (3) foot bound bundles.

3. All materials listed above as recyclable.

4. Used oil--Used oil will be transported to the transfer station in nonbreakable, leak-proof containers. Only standard grades of automobile oil will be accepted. No other liquid substance should be transported to the station for any purpose. Disposal of used oil at the station will be in accordance with the posted regulations.

5. White goods, scrap metal and tires--White goods, scrap metal and tires will be accepted at the transfer station as a service to the homeowner but will not be accepted from a commercial business unless said business pays the following fees:

(a) Tires: Thirty ($30.00) dollars per trip for vehicles with a carrying capacity of less than two thousand (2,000) pounds.

(b) White goods and scrap metal: Thirty ($30.00) dollars per trip for vehicles with a carrying capacity of less than two thousand (2,000) pounds.

f. The following items will not be accepted at the transfer station:

1. All liquid and semi-liquid wastes with the exception of used oil, as specified above.

2. Tree stumps, wood and roots of any size or description.

3. Animal remains.

4. Ash, cinders or hot loads.

5. Boulders, dirt, gravel, or any other earthen materials.

6. Farm equipment, industrial equipment, automobiles or parts thereof.

7. Pathological or biological or hazardous wastes as defined by any governmental agency.

8. Chemicals or compounds that are explosive, flammable, radioactive or toxic.

9. Any substance or material or item that may cause damage to or adversely affect the operation of the Little Compton Transfer Station.

g. No scavenging, dump picking or loitering will be permitted at the transfer station.

h. No trucks, trailers, or other open vehicles will be allowed entry into the transfer station if their load is not covered.

i. All items deposited at the transfer station become the property of the Town of Little Compton. The Town may dispose of the items in any way appropriate.

j. It is expressly prohibited to deposit into the household trash compactor items specified herein as recyclable, including newspapers, aluminum beverage cans, plastic, glass, heavy metals.

(Ord. 5/8/80, §9; Ord. 6/7/84; Ord. 10/4/84; Ord. 12/6/84; Ord. 3/10/88; Ord. 7/1/91; Ord. 4/22/93; Ord. 3/24/94; Ord. 7/21/94; Ord. 8/22/96; Ord. 10/18/01; Ord. 11/20/01)

8-1.6 Fee Schedule; Dump Stickers.

a. One (1) type 1 colored sticker (to be determined by the Town Council) will be issued per household to residents of the Town at no charge. The sticker shall be affixed to the front lower corner of the driver's side window of a vehicle garaged at said household. The sticker will permit such vehicle to deposit waste from such household at the Town transfer station at no charge. There will be a charge of five ($5.00) dollars per sticker for any additional stickers issued to the same household. Proof of registration and residence within the Town will be required.

b. All other vehicles, except vehicles which collect waste in the Town for hire, may use the Town transfer station under the following conditions:

1. They may only deposit trash at the transfer station which is generated in the Town.

2. A permit shall be obtained from the Town Clerk for each trip to the transfer station and shall pay the following fee for each permit. Contractors and/or persons with construction debris must provide home owner's name and building permit number.

(a) A fee of seventy-five ($75.00) dollars per trip for vehicles with a carrying capacity of less than two thousand (2,000) pounds.

(b) A fee of one hundred fifty ($150.00) dollars per trip for vehicles with a carrying capacity of two thousand (2,000) pounds through three thousand nine hundred ninety-nine (3,999) pounds.

(c) A fee of two hundred seventy-five ($275.00) dollars per trip for vehicles with a carrying capacity of four thousand (4,000) pounds through five thousand nine hundred ninety-nine (5,999) pounds.

(d) A fee of four hundred ($400.00) dollars per trip for vehicles with a carrying capacity of six thousand (6,000) pounds through seven thousand nine hundred ninety-nine (7,999) pounds.

(e) A fee of five hundred fifty ($550.00) dollars per trip for vehicles with a carrying capacity of eight thousand (8,000) pounds through nine thousand nine hundred ninety-nine (9,999) pounds.

(f) A fee of seven hundred ($700.00) dollars per trip for vehicles with a carrying capacity of ten thousand (10,000) pounds through eleven thousand nine hundred ninety-nine (11,999) pounds.

(g) A fee of seventy-five ($75.00) dollars per trip shall be charged for trailers with a capacity of up to one hundred sixty (160) cubic feet. A fee of one hundred fifty ($150.00) dollars per trip shall be charged for trailers with a capacity of more than one hundred sixty (160) cubic feet but not to exceed four hundred (400) cubic feet.

Trailers with a capacity that exceeds four hundred (400) cubic feet will not be accepted at the transfer station.

3. No vehicle with a carrying capacity of greater than eleven thousand nine hundred ninety-nine (11,999) pounds and no rollers or roll off boxes will be allowed to dump at the Town transfer station.

4. For convenience, one (1) or more permits may be purchased from the Town Clerk at one (1) time.

5. Permits must be provided to the attendant at the transfer station upon entry.

c. All qualified persons engaged in the business of collecting and hauling refuse and operating transfer stations for refuse generated within the boundaries of the Town shall be licensed by the Town, pursuant to Section 23-18.9-1(b)(1) of the Rhode Island General Laws.

1. The following fees shall be charged:

(a) A fee of two hundred ($200.00) dollars per year for each vehicle with a gross weight of four thousand (4,000) pounds or less.

(b) A fee of three hundred ($300.00) dollars per year for each vehicle with a gross weight in excess of four thousand (4,000) pounds.

2. No licenses shall be granted until all Town taxes and fees shall have been paid to date to the Town Treasurer and Collector of Taxes or other Municipal Agency authorized to collect such fees or taxes.

3. Licensed haulers shall collect only that residential solid waste that is source separated by the resident into the recyclable and nonrecyclable components.

4. Licensed haulers shall keep recyclable materials separate from nonrecyclable residential solid waste.

5. Licensed haulers shall maintain any separated recyclable materials that are delivered to either a Town, State, or State designated recycling facility in processable condition.

6. Licensed haulers shall keep residential recyclable materials separate from recyclables collected from commercial accounts.

7. Licensed haulers who deliver recyclables to a Town, State, or State designated recycling facility shall deliver to said facility only recyclables generated by residents of the Town of Little Compton.

8. Licensed haulers shall deliver all recyclables designated to go to a Town, State, or State designated recycling facility to said facility.

d. Any person or business that wishes to dispose of a refrigerator, freezer, air conditioner, dehumidifier or any other appliance that requires Chlorofluorocarbons (CFC) and/or Hydrofluorocarbons (HFC) removal shall first obtain a permit from the Town Clerk which shall be presented to the attendant at the transfer station. The fee for said permit shall be twenty-five ($25.00) dollars for each appliance.

e. Any person or business that wishes to dispose of a mattress or box spring shall first obtain a permit from the Town Clerk, which shall be presented to the attendant at the transfer station. The fee for said permit shall be fifteen ($15.00) dollars for each mattress or box spring.

(Ord. 7/1/91; Ord. 4/8/93; Ord. 8/5/93; Ord. 7/21/94; Ord. 9/4/97; Ord. 10/18/01; Ord. 2/21/02; Ord. 8/21/03; Ord. 12/4/03)

8-1.7 Penalty.

Any person violating any of the provisions of this section, or any of the rules and regulations promulgated by the Town Council in carrying out the provisions of this section, shall be fined not more than one hundred ($100.00) dollars, or be imprisoned not exceeding thirty (30) days, or both. (Ord. 5/8/80, § 10; Ord. 11/19/87; Ord. 9/21/95)

8-2 Drainage Onto Town Roads and Highways.

It shall be unlawful for any person, firm or corporation to make any connection into a Town road drainage system or to drain or pump water onto the traveled surface of a Town road or highway lying and being within the bounds of the Town of Little Compton without first obtaining the written permission of the Town Council. (Ord. 5/9/85)

8-3 Outdoor Burning of Rubbish and Other Waste Products.

8-3.1 Fire Safety Requirements.

All persons shall comply with the following fire protection and safety requirements. (Ord. 4/24/86, § 1)

8-3.2 Bonfires and Outdoor Rubbish Fires.

Burning of rubbish and bonfires and other waste products shall be permitted only under the following conditions. (Ord. 4/24/86, § 2)

8-3.3 Permit Required.

No person shall kindle or maintain any open fire or authorize any such fire to be kindled or maintained on or in public or private property without having obtained a permit from the Fire Department. (Ord. 4/24/86, § 3)

8-3.4 Location Restricted.

No person shall kindle or maintain any open fire or authorize any such fire to be kindled or maintained on any private land unless:

a. The location is not less than fifty (50) feet from any structure and adequate provision is made to prevent fire from spreading to within fifty (50) feet of any structure, unless special exception is granted by the Fire Chief or Duty Man of the Fire Department.

(Ord. 4/24/86, § 4)

8-3.5 Attendance of Open Fires.

Any open fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply, or other extinguishing equipment readily available for use. All bonfires shall be inspected by the Fire Chief or Duty Man before being ignited. (Ord. 4/24/86, § 5)

8-3.6 Contained Burning Allowed Without Permit.

When the fire is contained in a waste burner with a closed or properly screened top, the type approved by the Fire Chief or Duty Man, and located safely on private property no less than twenty-five (25) feet from any structure, fence or property line, unless special exception is granted by the Fire Chief or Duty Man of the Fire Department. (Ord. 4/24/86, § 6)

8-3.7 Fire Chief or Duty Man May Prohibit.

The Chief or Duty Man of the Fire Department may prohibit by a written cease and desist order upon any person, group or corporation, any or all bonfires and outdoor rubbish fires whether in the open air or in Fire Department approved rubbish or waste burners or outdoor fireplaces, when atmospheric conditions or local circumstances make such fires hazardous or the smoke or fumes from such fires a nuisance to adjoining or surrounding property or persons. (Ord. 4/24/86, § 7)

8-3.8 Penalty.

1st Offense……Written warning or five days in jail

2nd Offense……$25.00 fine or five days in jail

3rd Offense……$50.00 fine or five days in jail

Any person convicted of a violation of this section shall be fined not less than twenty-five ($25.00) dollars nor more than fifty ($50.00) dollars or by imprisonment for not more than five (5) days or by both such fine and imprisonment.

(Ord. 4/24/86, § 8)

8-4 Underground Storage Tanks.

8-4.1 Definitions.

a. Underground shall mean that ten (10) percent or more of the volume of the components of storage tanks and piping is buried in the ground.

b. Except for the purpose of registration under subsection 8-4.5 "underground storage tanks" shall mean either:

1. On-site underground storage tanks used for storing heating oil and serving a dwelling including underground pipes connected thereto;

2. Farm or residential underground storage tanks holding less than one thousand one hundred (1,100) gallons and storing motor fuel or heating oil for non-commercial purposes including underground pipes connected thereto.

c. Enforcing officer shall mean the Fire Chief or his designee.

(Ord. 8/22/91, § I; Ord. 2/6/92, § I; Ord. 9/10/92, § I)

8-4.2 Inspection of Underground Storage Tanks.

The enforcing officer shall have the authority to:

a. Inspect facilities at which underground storage tanks are located.

b. Require closure of abandoned storage tanks consistent with the permanent closure procedures set forth in the regulations for underground storage facilities used for petroleum products and hazardous materials issued by the Department of Environmental Management.

c. Require the removal, at the owner's expense, of all tanks and underground pipes deemed to pose a threat to the public health or the environment.

(Ord. 8/22/91, § I; Ord. 2/6/92, § I; Ord. 9/10/92, § I)

8-4.3 Installation of Underground Storage Tanks Prohibited.

The installation of underground storage tanks in the Town where its purpose is to serve a residential or farm dwelling is hereby prohibited. (Ord. 8/22/91, § I; Ord. 2/6/92, § I; Ord. 9/10/92, § I)

8-4.4 Appeals.

Any property owner may appeal any decision of the enforcing officer to the Town Council, within thirty (30) days of said decision, and, the Town Council shall have the discretion to reverse or modify said decision for good cause. (Ord. 2/6/92, § I; Ord. 9/10/92, § I)

8-4.5 Registration of Underground Storage Tanks.

a. All new, existing, and abandoned underground tanks used to store motor fuel or heating oil for commercial and non-commercial purposes, regardless of their size, shall be registered with the Town.

b. Registration applications may be obtained at the Fire Department.

c. All tanks must be registered no later than September 30, 1992. A registration fee of fifty ($50.00) dollars per property shall be paid for any tank registered after said date. (Ord. 2/6/92, § I; Ord. 9/10/92, § I)

8-4.6 Duty to Remove or Neutralize Underground Storage Tanks.

Prior to the sale of any farm or residential property in the Town, the owner thereof shall either (a) remove or (b) pump out and fill with sand any underground storage tank located on such property. (Ord. 9/10/92, § I)

8-4.7 Penalties.

Violation of this section shall be subject to fines of fifty ($50.00) dollars per day for each day that such violation exists after notification, in writing, by the enforcing officer of such violation. (Ord. 8/22/91, § I; Ord. 2/6/92, § I; Ord. 9/10/92, § I)

CHAPTER IX BEACHES, HARBORS, AND RECREATIONAL AREAS

9-1 Harbor Master/Harbor Commission.*

9-1.1 Jurisdiction.

The jurisdiction of this section shall include the coastal waters and harbor areas of the Town of Little Compton. (Ord. 12/8/94)

9-1.2 Authority.

The authority for the section comes from the General Laws of the State of Rhode Island, Section 46-4-6,7. (Ord. 12/8/94)

9-1.3 Harbor Commission.

The Harbor Commission shall be the local advisory body concerning the implementation of the Harbor Management Plan and related ordinances.

a. Composition. The Harbor Commission shall consist of seven (7) members who are residents of Little Compton as follows:

One (1) owner of a recreational boat kept on a mooring, or one who is on a waiting list for a mooring.

One (1) representative of the Sakonnet Point Marina Association Inc.;

One (1) representative of the Sakonnet Yacht Club;

One (1) commercial trip fisherman;

One (1) commercial day fisherman;

One (1) officer of the local fishermen's association;

One (1) member of a town conservation organization.

b. Appointments. Members shall be appointed by the Town Council for staggered terms of three (3) years. The original members shall be appointed in such manner as to provide for the expiration of the term of two (2) members in one (1) year, two (2) members in two (2) years, and three (3) members in (3) years.

c. Vacancies. Vacancies shall be filled as necessary and in accordance with the initial appointment, but only for the remainder of the term of the former member.

d. Officers. A Chairperson, a Vice Chairperson, and Secretary shall be elected by the members of the Commission. Regular meetings shall occur at least once a month. Special meetings may be called by the Chairperson, and shall be called by the Chairperson at the request of at least three (3) members of the Commission. The Secretary shall keep minutes of all meetings and file such minutes promptly with the Town Clerk. Such minutes shall append the Harbor Master's monthly report.

e. Powers and Duties. The Harbor Commission shall adopt as its primary authority the current edition of Robert's Rules of Order Newly Revised and may adopt supplementary rules of procedure. The Harbor Commission is authorized and directed to:

1. Recommend to the Town Council the adoption of rules and regulations, fees, penalties, and other amendments to the Harbor Management Plan and its subsequent ordinances;

2. Recommend to the Town Council additional authorities and duties for the Harbor Master, herein detailed;

3. Recommend to the Town Council an annual budget in accordance with the provisions of the Town to expend monies appropriated at the Annual Financial Town Meeting.

4. Review and make recommendations for all applications for mooring permits and approve any permits issued.

5. Review and revise as necessary the Harbor Management Plan and its subsequent ordinances for Town Council and Coastal Resources Management Council approval. The Harbor Management Plan and its ordinances shall be reviewed and revised at least once every five (5) years.

f. Ex-Officio Member. The Harbor Master shall be a nonvoting, ex-officio member of the Harbor Commission.

g. Compensation. Harbor Commission members may be compensated for any normal expenses incurred in the performance of their duties.

(Ord. 12/8/94)

9-1.4 Harbor Master.

There shall be a Harbor Master for the Town who shall annually be appointed by the Town Council. The Harbor Master shall serve at the pleasure of the Town Council and shall report to the Town Council and the Harbor Commission with the following duties:

a. Be responsible for the administration and enforcement of the provisions of the Harbor Management Plan and its ordinances;

b. Process applications for the issuance of mooring permits and assign proper placements of moorings in accordance with this ordinance;

c. Keep a detailed, current, computerized record at the Little Compton Town Hall of all moorings and slip information, including but not limited to a keyed map showing location of moorings and slips; boat owner's name, address(es) and telephone number(s), mooring permit number, date mooring was set, last mooring inspection date, vessel data as described in this section. The Harbor Master shall maintain in his/her files a copy of the location map and a current printout of such information.

d. Prepare, keep current, and make available a waiting list for mooring permits in accordance with the provisions of this ordinance if the demand for available mooring permits is greater than the number of available mooring locations in any given year;

e. Supervise the inspection of mooring tackle in accordance with the provisions of this section;

f. Carry out all other powers and duties authorized to the Harbor Master under various State and Federal marine laws, including but not limited to Marine Sanitation Device (MSD) inspection and discharge responsibilities afforded through the U.S. Coast Guard, MARPOL ANNEX V, Section 312 of the Clean Water Act, Title 46-22 of the General Laws of Rhode Island, and future laws yet to be enacted.

(Ord. 12/8/94)

9-1.5 Assistant Harbor Master(s).

Assistant Harbor Master(s) for the Town may be appointed annually by the Town Council and shall serve at the pleasure of the Town Council. Assistant Harbor Master(s) shall report directly to the Harbor Master and are authorized with the same duties as the Harbor Master, under the direction of the Harbor Master. (Ord. 12/8/94)

9-1.6 Compensation and Budget.

The Harbor Master and Assistant Harbor Master(s) shall receive a salary at such a rate as the Town Council shall fix subject to approval of the Annual Financial Town Meeting. The Harbor Master is responsible for the day to day administration of a harbor management budget, with Harbor Commission authorization. (Ord. 12/8/94)

9-1.7 Powers and Duties.

The Harbor Master shall have full power and authority to prescribe regulations and to give directions regarding the anchorage, management and control of all vessels within waters and harbors of the Town of Little Compton subject to any and all State or Federal laws governing the same. The Harbor Master may remove from any public wharf in these harbors any vessel not engaged in receiving or discharging a cargo or any vessel not anchored or moored according to his/her direction in the waters over which the Harbor Master is hereby given jurisdiction, and he/she shall charge the owner for all reasonable costs thereof. The Harbor Master may also determine the extent, time and manner of accommodation respecting the position of all vessels. The Harbor Master, having due regard to the draft of each vessel and the facility of navigation, shall designate upon a map of the waters subject to his/her jurisdiction areas restricted to vessels moored twelve (12) months per year, areas restricted to seasonal craft moored during certain parts of the year, areas restricted to guest moorings, areas restricted to all moorings, areas restricted to no moorings, and the places where adequate permanent or temporary moorings or anchorages may be maintained. The Harbor Master shall affix or append to this map a list or key designating the name and address of the owner of each vessel and the size and type thereof. No moorings or anchorages in the waters subject to the jurisdiction of the Harbor Master shall hereafter be maintained except at the location designated by the Harbor Master for such maintenance. The Harbor Master shall file the map in the Town Hall and shall thereafter maintain the same currently accurate. He/she shall also maintain a currently correct copy thereof in a place reasonably accessible to mariners for their convenience in consulting the same during hours when the Town Hall would not normally be open. He/she shall, annually on or before June 1, make a complete and accurate revision of both his/her original master map and its copy. He/she shall issue to each person applying to him/her therefor, a license properly keyed to this map to maintain such permanent or temporary mooring, the license to expire on April 1 in each succeeding year after its issuance, and shall see to it that the said mooring is maintained at the spot designated by him/her upon his/her map and in the license and not elsewhere, and if the licensee or any other person shall place a mooring or maintain anchorage elsewhere than as designated, the Harbor Master may remove the mooring or vessel or both in his/her discretion charge the expense of so doing to the person so placing the mooring or maintaining anchorage in a spot other than is designated by the Harbor Master. (Ord. 12/8/94)

9-1.8 Owner of Vessels to Place and Maintain Moorings at Harbor Master's Direction.

The owner or master of any vessel of any size shall have the right to furnish and place his/her own mooring ground tackle, and shall have the responsibility for its maintenance, subject to the right of the Harbor Master to designate location of said mooring, as aforesaid, and subject to there being space for said mooring, provided, however, any mooring ground tackle so placed or maintained by the owner or master or anyone else in his/her behalf shall meet the requirements set up by the Harbor Master pertaining to size of said mooring, scope of said mooring and any mooring not so maintained to the satisfaction of the Harbor Master may be removed by the Harbor Master. (Ord. 12/8/94)

9-1.9 Vessels Moored at Docks or Slips.

No vessel shall be moored at any dock or in any slip in such manner that any portion of its hull, spars or tackle extend into or over the navigation channel. Any vessel in violation of this rule shall be relocated immediately upon the instructions of the Harbor Master, and if the person in control of such vessel cannot be located, the Harbor Master shall deem appropriate at the expense of the owner, to correct the violation. (Ord. 12/8/94)

9-1.10 Wakes Prohibited Which are Large or Unsafe.

No vessel shall be navigated or operated within the waters of the harbor of the Town of Little Compton in such manner as to create any wake which would cause damage to other boats or in such manner as to infringe upon the safety of other users of the harbor or at a speed greater than five (5) miles per hour.

The use of sailboards and the use of personal watercraft as defined by R.I. Gen. Laws 46-27-1 (commonly known as jet skis) in the harbor is prohibited except for access and egress from June 15 to September 15. Personal watercraft are only permitted to enter or exit the harbor at headway speed as that term is defined in R.I. Gen. Laws 46-27-1. Headway speed means the slowest speed at which a personal watercraft can be operated and maintain steerage way. In all of Little Compton waters, no personal watercraft may be operated at more than headway speed within two hundred (200) feet of swimmers, divers, shore or moored vessels. (Ord. 12/8/94)

9-1.11 Mooring Regulations.

a. Permit Process.

1. A mooring permit issued by the Harbor Master, with the review and recommendations of the Harbor Commission, is required for all moorings within and on the public waters of the Town of Little Compton. The permit holder may renew the permit annually upon payment of the mooring fee. No permit for a mooring shall be issued unless the mooring complies with all the conditions of this section.

2. Any mooring holder, who during the immediately preceding year held a valid mooring permit for a specifically named boat which was on its mooring for a minimum of four (4) weeks between June 1 and October 31, shall have until April 1 of the next succeeding year to reapply for a permit. All renewal applications shall be accompanied by the permit fee required and shall be delivered or mailed before April 1 by the United States mail and addressed to the Little Compton Harbor Master.

3. Failure to submit a complete and accurate application and fee payment for a renewal permit shall result in loss of mooring space.

4. The Harbor Master shall, during the month of January of each year, cause application forms to be mailed to all mooring holders who held valid permits at the end of the prior year, to the address listed on their last permit. It shall be the burden of the permit holder to notify the Harbor Master of any change of address.

5. An annual review of all mooring permit owners will be conducted to insure that the CRMC's ratio of resident mooring permit owners to nonresident mooring permit owners will be maintained at the ratio of 3 to 1.

b. Application Procedures.

1. All applications for a mooring permit, new or renewal, shall contain the following information:

(a) Name, address and telephone (work and home) of the boat owner

(b) Type, color, and name of boat

(d) Beam of boat

(e) Draft of boat

(f) Type and weight of mooring anchor

(g) Size and length of anchor chain

(h) Date of last mooring inspection

(i) Type of MSD (Marine Sanitation Device), if any, installed on boat

(j) Shoreside access point to mooring

2. Assignment of moorings in Sakonnet Harbor shall be limited to one (1) mooring per immediate family. Immediate family shall be defined as follows: spouse and or minor children.

3. No mooring shall be licensed to any person who is not the owner of the boat for which he or she certifies the intention to use said mooring. Any person holding mooring license shall surrender said license when he or she ceases to have ownership of the boat for which the mooring was licensed and does not

(a) Place the named boat on its mooring for a minimum of four (4) weeks between June 1 and October 31 of any given year. A one (1) year absence may be requested in writing, to the Harbor Commission, in the case of illness, death, being out of the country or other valid reason. Any such request must be received by May 1st for the next summer season absent extraordinary circumstances. If approved, the vacant mooring shall be used by the next person's boat of the same or smaller size on the waiting list for one (1) season.

(b) Use the mooring for one (1) season (at least four (4) weeks is a season) with a boat of the same size or smaller of which he or she acquires ownership. A second condition which requires any person holding a valid mooring license to surrender said license is if the specifically named boat for the mooring is not placed on its mooring for a minimum of four (4) weeks between June 1 and October 31 during the preceding year. This condition must be fully met, even in the event of the sale of an old boat and the purchase of a new boat of the same or smaller size.

Ownership of a boat shall be defined as ownership of at least a fifty-one (51%) percent monetary interest therein. The Harbor Master shall have the authority to require any mooring licensee or applicant for a mooring license to provide proof of ownership of the boat for which such license was issued or is requested, and in a case of refusal or inability to provide such proof the Harbor Master shall have the authority to require the surrender of any such license or deny any such application. If the registered mooring holder and owner of a vessel or boat transfers partial or full ownership of a boat to another person or entity other than an immediate family member, the person or entity acquiring ownership of the boat will not become a mooring holder until his/her/its name reaches the top of the mooring waiting list.

4. A permit holder during the immediately preceding year who shall need or desire a new location shall file an application in accordance with this section specifying the reasons for the relocation request along with the existing mooring space number and size and type of boat. Based on available spaces and the requirements of this section action will be taken on the request.

5. One Vessel Allowed per Mooring. No more than one (1) vessel shall be moored at any mooring at any time unless the Harbor Master grants permission to the owner of any vessel or vessels to moor two (2) or more at the same mooring. The mooring fee as hereinbefore stated shall be applied to every boat moored in the harbor whether the same is located at one (1) mooring along with another vessel or singly at any mooring.

6. All new, first time mooring applications must be sent to the Town Clerk to ensure it is time stamped and officially received by the Town. The Town Clerk shall then ensure delivery of the applications to the Harbor Master. All renewal applications must be sent to the Harbor Master.

7. A maximum of twenty (20%) percent of the moorings in Sakonnet Harbor shall be made available to the owners of boats which are maintained principally for commercial fishing purposes not to exceed a maximum of thirty (30%) percent of the mooring field. Applicants shall be subject to the proposed point system. The first two (2) commercial fishing vessel moorings which become available will be reserved as moorings for resident owners of commercial fishing vessels. In the interim these moorings will be used as transient moorings.

8. The Harbor Master, with the review and recommendations of the Harbor Commission, shall approve or deny all new applications in writing, within sixty (60) days of receipt thereof. All renewal applications will be issued or denied in writing no later than June 1 of each year.

c. Transferability. Mooring permits may be transferred to immediate family members of the same or higher priority group as outlined in paragraph d. following.

d. Priority for Mooring Locations. The Harbor Master will maintain a chronological list of all applicants requesting a mooring location and ensure that the Harbor Commission and the Town Clerk receive a copy of the list within one (1) week (seven (7) days) after each time the list is updated. The list should be updated at least once annually by no later than April 15.

Within the space available, providing consideration for safety due to the size of each vessel, requests will be treated on a first come, first serve basis. Moorings will be given out in the order in which someone's name is placed on the waiting list, contingent on a mooring space being available which is the length requested by the waiting list individual. Additionally, when a commercial mooring space becomes available, it is to be given to the next individual seeking a commercial mooring, in order to maintain the commercial to recreational boater ratio. If an individual on the waiting list is given a mooring space and they then request a one (1) year delay before placing their boat on a new mooring, they must place the appropriate size boat on the mooring during the following season.

When a space assignment is offered to the first individual on the list, the individual has the privilege of refusing the space and remaining at the top of the list until a mooring space acceptable to that individual becomes available. If the individual at the top of the list refuses a mooring assignment, the next person on the list will be offered the available mooring location, and so on.

e. Occupation of Mooring. No boat shall occupy a mooring other than the one for which it is registered. The Harbor Master shall have the authority to move any boat violating the provisions of this section and such movement shall be at the owner's expense and risk. The Harbor Master may permit the temporary use of a mooring by another boat of the same, or smaller size, for up to seven (7) days per year, upon the written application of the registered permit holder. The owner shall not receive any money, or any other form of remuneration, for the temporary use by another boat on his or her mooring. Another boat on the mooring does not contribute toward the four (4) week minimum occupancy required for the permit holder's boat.

f. Fee for License. The Harbor Master shall collect a fee from each applicant for each license issued by him/her. The fees shall be deposited with the Town Treasurer of the Town of Little Compton to the account of the General Funds of the Town. License will be revoked if the application accompanied by completed mooring inspection form as set forth in paragraph h. below and fee is not submitted before April 1 of each year.

The following fees are fixed and ordered to be paid annually. For each mooring for all boats of whatsoever length, propelled by oars, sails or motors, which are maintained principally for the recreational use of the owners thereof, at the rate of six ($6.00) dollars per foot of length; and for all such boats which are maintained principally for commercial or profit-making purposes by the owners thereof, at the rate of seven dollars and fifty ($7.50) cents per foot of length. All boats shall be measured for purposes of this subsection from the outermost point of the bow to the furthest point of the stern. The minimum annual fee for any boat maintained for recreational purposes shall be sixty ($60.00) dollars, and for any boat maintained for commercial or profit-making purposes shall be seventy-five ($75.00) dollars.

g. Numbering and Winterizing.

1. Each mooring in the waters of the Town of Little Compton will be assigned a number by the Harbor Master or his/her designee. The number will be displayed in contrasting color in two (2) places on each mooring buoy or pick-up float in block letters at least three (3) inches in height.

2. Any mooring not displaying a mooring registration number will be considered an unregistered/unpermitted mooring. Unregistered/unpermitted moorings and any boats attached thereto, will be removed at the owner's risk and expense.

3. Winter Mooring Spars. Winter mooring spars shall be readily visible above the water at all times and shall be removed not later than June 15 of the next succeeding year. Winter spars shall not be set until on or after the first day of October of each calendar year.

h. Specification of Mooring Tackle.

1. Mooring tackle shall meet at least the following minimum requirements:

Registered Boat Length Feet

Mushroom Anchor Pounds

Bottom Chain

Top Chain

Nylon Dacron Line

Under 16

3/8

5/16

1/2

16-19

150

3/8

5/16

1/2

20-22

200

1/2

3/8

5/8

23-25

250

1/2

3/8

3/4

26-30

300

5/8

3/8

3/4

31-35

400

5/8

3/8

3/4

36-40

500

3/4

1/2

7/8

41-50

600

3/4

1/2

51-65

750

1/2

11/4

2. The maximum length of the headfast shall be two and one-half (2 1/2) times the distance from the bow chock to the water plus the distance from the bow chock to the mooring cleat or post.

3. All headfast lines running through the chock or any other object where chafing may occur shall have adequate chafe guards.

4. The total scope of the chain shall be two and one-half (2 1/2) times the depth of the water at high tide. The bottom and top chain shall each consist of approximately fifty (50%) percent of the scope.

5. All shackles, swivels and other hardware used in the mooring hookup shall be proportionate in size to the chain used.

6. All shackles shall be properly seized.

7. It is recommended that the headfast be spliced or shackled into the bitter end of the top chain below the buoy so the strain is not carried by the buoy. The use of a second headfast in heavy weather is encouraged.

i. Inspection Procedure.

1. All moorings in water shall be inspected at least once every year at the owner's expense by a Qualified Inspector. Such inspection shall be made by raising the mooring, or in the case of moorings which are determined by the Harbor Master to be of such weight that they cannot be conveniently raised, inspection may be made underwater. The Harbor Master shall maintain for each mooring in use in the harbor, a record of the name of the Qualified Inspector who made each inspection thereof, and his/her report, each such record to cover no less than four (4) consecutive years prior to the most recent inspection. In the event that the ground tackle of any mooring shall have been replaced in its entirety since the most recent annual inspection, and provided that such newly replaced ground tackle shall have met the approval of the Harbor Master at the time it was first put in place, annual inspection thereof shall be waived until it shall have been in place at least twenty-four (24) months. In no case shall the annual inspection be waived for any such mooring more than once.

2. If, as the result of the annual inspection of a mooring, the Qualified Inspector shall determine that any chain is warped or worn by one-third (1/3) of its normal diameter, all tackle shall be replaced by the owner thereof. Failure to make such replacement shall be grounds for revocation of the mooring license issued to the owner, or refusal to renew the same, by the Harbor Master, as appropriate.

3. No renewal of a mooring license shall be issued by the Harbor Master unless the application therefor shall be submitted in appropriate form, shall be accompanied by a certificate signed by a Qualified Inspector certifying that said mooring has been inspected within the last six (6) months and found to be in satisfactory condition, and shall also be accompanied by payment in full of the appropriate mooring fee as prescribed in Town Regulations.

In the case of moorings which did not pass inspection, and for which repairs were ordered, applications for renewal must be accompanied by the report of the Qualified Inspector detailing the repairs or replacements which were required with endorsement by the Harbor Master signifying that he/she is satisfied that the necessary work has in fact been completed. All such applications for renewal must also be accompanied by the payment of the appropriate mooring fee.

4. No mooring tackle in place, which shall have failed to pass inspection, shall be used to moor any vessel until repairs to such tackle have been completed and approved by the Harbor Master in accordance with the provisions of paragraph i, 2 and 3 above; nor shall any mooring tackle in place be used for the mooring of any vessel belonging to or authorized by the person to whom that mooring location had been assigned unless such person has in his/her possession a valid and current license for the use of such mooring location issued by the Harbor Master.

j. Qualification of Inspectors. A person appointed by the Harbor Master must be able, upon demonstration to him/her of their familiarity with the rules and regulations of the Town relating to mooring tackle inspection, to be considered a Qualified Inspector. Such approval may be revoked by the Harbor Master if it shall appear to him/her that the Inspector has failed to exercise due diligence in performing their duties as an Inspector.

k. Permanent Moorings Not Permitted. No permanent mooring shall be installed in said harbor as per the requirements of the United States Army Corps of Engineers.

l. Temporary Mooring. No empty mooring shall be permitted by the Harbor Master to be used by another vessel, unless the mooring's owner has given prior written, general permission for such use, or unless the Harbor Master determines there to be an emergency. Additionally, under no circumstances shall any fee or payment be levied or accepted by any person for the temporary use of a mooring except for the specific guest moorings of the Town of Little Compton or of the Sakonnet Yacht Club. No visiting boat shall be allowed to spend more than three (3) consecutive nights on any of the guest moorings.

m. Fee for Town Mooring. A fee of twenty ($20.00) dollars shall be charged for the use of the Town Mooring per night, not to exceed three (3) nights per month by any one (1) person/vessel.

n. Forfeiture of Mooring Space. Any owner shall be deemed to have forfeited his/her mooring permit by reason of the following:

1. Removal of tackle and written notification to the Harbor Master/Harbor Commission that the space is available.

2. Failure to reapply for the mooring permit by April 1 of any season or failure to replace any piece of mooring tackle not complying with the mooring tackle standards hereinafter set forth.

3. Failure to resurface or replace mooring within sixty (60) days after being advised by the Harbor Master that the mooring is down.

4. Failure to pay a mooring fee by April 1 of each year.

5. Failure to have a registered boat on an assigned mooring for four (4) weeks in any one season.

6. Failure to comply with any and all requirements of this section.

o. Moorings not in Sakonnet Harbor. Any mooring placed in waters adjacent to the Little Compton shoreline shall only be allowed if the following criteria are met.

1. Said mooring shall be registered with the Harbor Master.

2. Said mooring shall be placed within the littoral rights of the boat owner.

3. Mooring must conform to all specifications as set forth in this chapter.

4. Mooring owner shall hold the Town of Little Compton, its agents and assigns harmless from any damage caused as a result of mooring failure.

(Ord. 12/8/94; Ord. 10/24/96; Ord. 12/10/98; Ord. 1/9/03)

9-1.12 Anchoring.

All anchoring will be under the direction of the Harbor Master. No vessel will be allowed to anchor in Sakonnet Harbor utilizing her own ground tackle and be left unattended by its owner or operator.

When anchoring in a combination mooring and anchoring area it shall be the anchored vessel's responsibility to remain clear of all moored vessels including a change of wind or tide situation.

(Ord. 12/8/94)

9-1.13 Regulations Concerning Sakonnet Harbor.

No person shall have the right to erect a mooring connected to the shore or to any other location in said harbor by means of a pulley rope or any rope or line whatsoever in nature, without the written permission of the Harbor Master.

The placing of lobster pots in Sakonnet Harbor shall be illegal from May 1 until October 31, the Harbor Master shall order removal of all pots or devices found therein during and between these dates.

Except for emergencies, scuba diving shall be permitted in Sakonnet Harbor between the hours of sunset and sunrise only with the prior permission of the Harbor Master or, in his absence, from the policeman on duty.

No boat shall be left unattended on the launching ramp without the prior permission of the Harbor Master or, in his absence, from the policeman on duty.

No boat shall be abandoned in Sakonnet Harbor or on the land owned by the Town of Little Compton at Sakonnet Harbor. The Harbor Master shall arrange for the removal of any boat so abandoned to such place within the Town of Little Compton as shall be designated by the Town Council and the cost of such removal and any storage fees shall be borne by the owner of such boat.

No tenders, boats, or other craft shall be stored on land owned by the Town of Little Compton, unless the owner of such vessel/craft/boat has a mooring in Sakonnet Harbor, or without prior approval from the Harbor Master; nonetheless, nothing within the foregoing language shall be construed to impinge, or otherwise adversely affect, any rights of the inhabitants of the Town of Little Compton as described in the William Rotch deed, all as more particularly described in Narragansett Real Estate Company v. Mackenzie, 34 R.I. 103 (1912).

No litter, garbage, oil, gasoline or other petroleum products or other material which would cause deterioration of water quality shall be disposed of in Sakonnet Harbor or on the land owned by the Town of Little Compton at Sakonnet Harbor. Any such disposal shall be contained and removed promptly by the owner of the boat or the person causing the same. (Ord. 12/8/94; Ord. 5/24/01)

9-1.14 Violations; Penalty.

Every owner, master or person in charge of any vessel who shall neglect or refuse to obey the directions of such Harbor Master in matters within his authority to direct and every person who shall resist or oppose such Harbor Master in the execution of his duties or shall violate any of the provisions of section 9-1 of this chapter, shall, upon conviction therefor, be fined not exceeding one hundred ($100.00) dollars or imprisonment not exceeding ten (10) days for each offense and each day that such neglect or refusal to obey shall continue after notice thereof is given by the Harbor Master to any owner, master or person in charge of vessel or mooring, shall constitute a separate offense. Any person who shall remove from a location assigned by the Harbor Master any mooring belonging to another, without authority from or under the direction of the Harbor Master, shall, upon conviction thereof, be fined not exceeding one hundred ($100.00) dollars or imprisonment not exceeding ten (10) days.

Any person to whom a mooring location has been assigned who shall permit another boat to use said mooring without authority from or under the direction of the Harbor Master or who shall rent, lease, transfer or exchange said mooring location (such transfer to include family members) without authority from or under the direction of the Harbor Master shall, upon conviction thereof, be fined not exceeding one hundred ($100.00) dollars or face imprisonment not exceeding ten (10) days, and any such rental, lease, transfer, or exchange shall be null and void. (Ord. 12/18/94)

9-1.15 Harbor Master to Serve as Commissioner of Wrecks.

The Harbor Master shall also serve as the Commissioner of Wrecks as provided by Title 46, Chapter 10 of the General Laws of Rhode Island, 1956 as amended. (Ord. 12/8/94)

9-1.16 Schedule of Fines.

The following procedure is hereby established to permit the enforcement of section 9-1 by pecuniary penalty to be recovered by action of debt which may be offered to the person violating the terms thereof. The following schedule of fines is hereby established:

First Offense	$10.00
Second Offense	$15.00
Third Offense	$25.00

For the purposes of identifying offense fines to be imposed, violations shall be accumulated over a period of twenty-four (24) months. Failure by the violator to dispose of any violation in the manner herein provided will be deemed to be a waiver on the part of said violator to be allowed such privilege, and the Chief of Police will cause a complaint to be filed in the Second Division Court, Newport, Rhode Island.

The Harbor Master shall have printed summonses containing information as to the violation being cited, the manner in which the violator may pay for the offense, by paying the prescribed fee to the Town Treasurer, or set forth the date and time for appearance in Court. (Ord. 12/8/94)

9-1.17 Harbor Management Fund.

a. Creation. A Harbor Management Fund is hereby created to receive and expend monies for harbor related purposes as recommended by the Harbor Commission to the Town Council. All revenues generated by town boat launching fees, mooring permit fees, qualified mooring inspectors, other fees of this chapter, and fines levied under the authority of this chapter shall be deposited into said Harbor Management Fund and expended by the Town Council with advice from the Harbor Commission.

Funds shall be dispersed for purposes directly associated with the management and implementation of the Town of Little Compton Harbor Management Plan and this chapter. Monies from this fund shall be allocated to the Harbormaster and/or his designee, subject to Town Council approval, for the purpose of enforcing the provisions of the Town of Little Compton Harbor Management Plan and/or this ordinance. Said Harbor Management Fund shall be established, budgeted and administered in a manner consistent with the procedures of the Town of Little Compton and as approved at the Annual Financial Town Meeting as per the standard budgetary procedures of the Town of Little Compton. (Ord. 1/23/03)

9-2 Prohibiting the Taking of Sand, Gravel, Stone, Seaweed and Driftstuff From Public Beaches.

9-2.1 Removal of Sand, Gravel, Driftwood Prohibited; Exception for Residents.

No person who is not an inhabitant of the Town of Little Compton shall take, appropriate or carry away any sand, gravel, stone, seaweed or driftstuff from any public beach or commons in the Town. (Ord. 12/12/40, §1)

9-2.2 Penalty.

Any person who may be found guilty of violating the provisions of this section shall be fined not exceeding twenty ($20.00) dollars, or be imprisoned for not more than ten (10) days, for each violation thereof. (Ord. 12/12/40, §2)

9-3 Regulating the Use of Public Recreational Areas.

9-3.1 Wilbour Woods.

Wilbour Woods shall be for the use of Town residents only. These premises shall be maintained in its natural state as a park or as a place of recreation in accordance with the deed of Elizabeth Mason Lloyd to the Town of Little Compton, dated April 14, 1937. (Ord. 6/22/78, § 1; Ord. 8/7/80; Ord. 9/10/81; Ord. 7/7/83)

9-3.2 Adamsville Recreation Field.

The Adamsville Recreational Field shall be for the use of Town residents only. These premises will be maintained for recreational purposes in accordance with the deed of Sophie H. Wheeler to the Town of Little Compton designating these premises as the Philip Manchester Wheeler Memorial Common, dated December 31, 1953.

Horses, motorcycles and motor vehicles shall be prohibited on this field. (Ord. 6/22/78, § 1A; Ord. 8/7/80; Ord. 9/10/81, § 1A)

9-3.3 Hester B. Simmons Lot [Town Lot].

The Hester B. Simmons lot shall be for the use of Town residents only. These premises shall be maintained for recreational purposes in accordance with the Last Will and Testament of Hester Beulah Simmons filed in the records of the Probate Court, Town of Little Compton, July 11, 1949. (Ord. 6/22/78, § 1B; Ord. 8/7/80; Ord. 9/10/81)

9-3.4 Public Beaches.

a. Motorized vehicles of any kind shall not be permitted to traverse any public beach in the Town, except in designated vehicular travel lanes and parking areas. This subsection shall not apply to emergency and maintenance vehicles.

b. During the period from April 1st through Labor Day, no animals will be allowed on Goosewing Beach, except seeing eye dogs on a leash.

c. The setting of fires and fireworks are prohibited on Goosewing Beach.

d. Kite flying is prohibited on Goosewing Beach.

e. During the period from April 1st through Labor Day, except for conservation wardens or their designated representatives, it shall be unlawful for any person to enter any area of Goosewing Beach which has been designated as a nesting area for threatened or endangered bird species and which area is fenced off and duly posted as such. It shall also be unlawful to disturb any such fencing, or any enclosures on the nests, or the birds themselves.

f. During the period when Goosewing Beach is open to the public, parking for both residents and non-residents of the Town shall be provided in a designated parking area on Goosewing Beach, and, fees charged by the Beach Commission for non-residents to park in said area shall be no more than twice the amount charged to residents. No trailers, campers, or commercial vehicles other than pick-up trucks shall be allowed in said parking area, except Town maintenance vehicles. Access to said parking area shall be by means of a vehicular bridge across Tunipus Breachway. Except in the case of emergency vehicles, no vehicles shall enter upon said bridge unless permitted to do so by duly authorized Town personnel.

g. Horses and horse trailers are prohibited from the parking lots of South Shore Beach and Goosewing Beach. Jet skis are prohibited from said parking lots and the swimming areas at all times. The maximum speed limit in the beach parking lots shall be five (5) miles per hour. Parking in the turn-around area at the east end of the South Shore Beach parking lot (designated fire lane) is prohibited. (Ord. 4/4/91; Ord. 8/22/91; Ord. 7/9/92, § I; Ord. 4/22/93)

9-3.5 Hours.

The aforementioned recreational areas shall be closed to all persons, except those receiving special permission of the Town Council, or, in the case of South Shore Beach, the Beach Commission, between the hours of 11:00 p.m. and 6:00 a.m. daily.

9-3.6 Violations, Penalty.

Every offense of this section 9-3 shall be punishable by the imposition of a fine in an amount not exceeding five hundred ($500.00) dollars or by a term of imprisonment not exceeding thirty (30) days, and, in cases involving property damage the wrongdoer shall pay restitution in an amount not exceeding two thousand five hundred ($2,500.00) dollars. (Ord. 6/22/78; Ord. 8/7/80; Ord. 9/10/81, § 1; Ord. 7/9/92, § II)

9-4 Regulating the Management and Use of the Public Dock at Sakonnet Harbor.

9-4.1 Rules Concerning the Dock.

a. Any commercial person or commercial entity who has paid for a registered mooring or a slip in Sakonnet Harbor shall have the use of the dock to load and unload cargo for no additional fees. Other commercial vessels or boats shall pay a fee of three ($3.00) dollars per foot of boat length, per use.

b. Nothing shall be left on the dock at any time whatsoever.

c. No bait shall be dumped into the harbor.

d. The captain of any vessel berthed at the public dock shall not leave the vessel. No vessel shall be berthed at the public dock overnight without the express approval of the Harbor Master.

e. No captain of any vessel berthed at the public dock shall discharge bilge waters.

f. Vessels berthed at the public dock shall immediately be taken out of gear to prevent suspension of the underlying bottom sediments. No vessel shall operate in gear while berthed at the public dock.

g. No discharge of fish waste, cleaning solutions or other waste shall be allowed.

h. No paints, pot dip, or other environmentally hazardous materials shall be stored or applied to any surface on a vessel while berthed at the public dock.

i. Vessels taking on fuel at the public dock shall use the utmost care to prevent spills into coastal waters. Any fuel line in use for taking on fuel shall be manned at all times.

j. No recreational swimming or diving shall be permitted from or adjacent to the dock.

(Ord. 4/23/91; Ord. 6/18/92; Ord. 1/6/94; Ord. 10/24/96)

9-4.2 Rules Concerning the Hoist.

a. The hoist shall be operated exclusively by one of the following persons:

1. Harbor Master or Assistant Harbor Master.

2. Members of the Sakonnet Fisherman's Association.

3. Sakonnet Yacht Club designees.

4. Little Compton Fire Chief or designee.

b. All persons desiring to use the hoist must make an appointment with the Harbor Master. Any person or entity who has paid for a registered mooring or a slip in Sakonnet Harbor shall have the use of the crane/hoist to load and unload cargo for no additional fees. Other persons or entities shall be charged a fee of thirty ($30.00) dollars or three ($3.00) dollars per foot per use, whichever is greater.

Any person or entity who has paid for a registered mooring or a slip in Sakonnet Harbor and who wishes to use the crane to launch or lift a boat from or into the water shall have two (2) such uses per year at no additional charge. Any additional uses or any other person or entity shall pay a fee of thirty ($30.00) dollars or three ($3.00) dollars per foot per boat per use, whichever is greater.

c. The Harbor Master shall supervise the availability of keys to the hoist.

d. The failure of the owner of any commercial fishing vessel to abide by any of the rules set forth in this section shall be cause for the revocation of the privilege to use the hoist by the Harbor Master. The decision of the Harbor Master shall be appealable to the Town Council, whose decision shall be final.

e. All other persons interested in using the hoist must make an appointment with the Harbor Master, who shall operate the hoist.

f. The Harbor Master, or his assistant, shall be responsible for turning off the electricity for the hoist and locking the hoist on a daily basis.

(Ord. 4/23/91, Ord. 7/1/91; 10/10/91; 1/6/94; Ord. 12/8/94; Ord; 10/24/96)

9-4.3 Rules Concerning the Parking Area.

a. The parking of vehicles in the parking area shall be restricted to the owners of commercial fishing vessels and their employees and to persons intending to make recreational use of the harbor and its environs.

b. Ten (10) spaces shall be reserved for the trip fishermen which shall be designated with a sign indicating "trip fishermen parking".

c. With the exception of the trip fishermen parking, no persons shall use or occupy the parking area between the hours of 11:00 p.m. and 5:00 a.m. daily. (Ord. 4/23/91)

9-4.4 Maintenance Program for the Public Dock and Hoist.

a. Supervision and maintenance of the public dock and its facilities shall be the sole responsibility of the Harbor Master.

b. The Harbor Master shall cause the hoist to be inspected annually by a certified hoist engineer.

c. The Harbor Master shall cause the dock to be inspected every five (5) years by a qualified marine contractor.

d. Normal and incidental maintenance of the dock and its facilities shall be completed when practicable by the Town maintenance department.

e. The Harbor Master shall post, inspect and maintain all necessary signs concerning the rules and regulations for the dock and the parking area.

(Ord. 4/23/91)

9-4.5 Violations; Penalty.

Every person found guilty of violating this section shall be fined not more than twenty ($20.00) dollars or imprisoned not more than ten (10) days. (Ord. 4/23/91)

CHAPTER X PERSONNEL

10-1 Personnel Rules and Regulations.

10-1.1 Purpose.

The following rules and regulations are adopted to establish a uniform system of employment in the Town of Little Compton for employees who are hired and have their working conditions set by Town Council. (Ord. #1981-3, §1; Ord. 8/5/99)

10-1.2 Applicability.

These rules shall apply to all employees in the service of the Town, unless otherwise specified, but shall not apply to members of the Fire and Police Departments, where inconsistent with union contracts, Town ordinance, or State law concerning firemen and policemen. Also, the rules shall not apply to members of other unions where inconsistent with their union contracts. (Ord. #1981-3, §2; Ord. 8/5/99)

10-1.3 Discrimination Prohibited.

In the application and administration of this chapter, no person shall be discriminated against because of any political or religious affiliation or belief, or because of race, national origin, color, sex or marital status. (Ord. #1981-3, §3)

10-1.4 Plan Established; Policies Enumerated.

There is hereby established a personnel policy for the Town as follows:

a. Employment in the Town government shall be based on merit and fitness, free of personal and political consideration.

b. Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the Town government.

c. Positions having similar duties and responsibilities shall be classified on a uniform basis.

d. Appointments, promotions, and other actions requiring the application of the merit principle shall be based upon systematic test and evaluation.

e. High morale shall be maintained by fair administration of this chapter and by every consideration of the rights and interests of employees consistent with the best interests of the public and the Town. (Ord. #1981-3, §4)

10-1.5 Definitions.

a. For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this subsection:

1. "Address" shall mean the last known street and number of the resident or post office or box mailing address.

2. "Classification" shall mean one (1) or more positions in the service of the Town sufficiently alike in duties, authority, and responsibilities as to reasonably presume requirement of equivalent qualifications.

3. "Classified service" shall mean all employees appointed by the Town Council and not otherwise exempt under terms of this chapter.

4. "Corporate limits" shall mean the municipal limits of the Town of Little Compton.

5. "Department" shall mean a major functional unit of the Town government.

6. "Department head" shall mean the person who is responsible for the administration of a department.

7. "Employee" shall mean any person working or engaged in the service of the Town of Little Compton.

8. "Immediate family" shall mean husband, wife, son, daughter, father, mother, brother or sister.

9. "Layoff' shall mean a separation from the service because of a shortage of work, funds or materials; abolishment of position or other reasons beyond the control of an employee and not reflecting discredit on him or her.

10. "Military leave" shall mean the leave of absence granted an employee entering the armed forces of the United States during a national emergency or in response to draft or call to duty from civilian components of the armed services.

11. "Month" shall mean one (1) calendar month.

12. "Overtime" shall mean time worked in excess of the regular work week at the direction of the job foreman or department head.

13. "Licensed physician" shall mean a medical doctor licensed by the State Board of Medical Examiners.

14. "Position" shall mean a group of current duties and responsibilities legally assigned or delegated by an appointive authority requiring the full or part-time employment of one (1) person.

15. "Probationary employee" shall mean an employee who has not completed his probationary period.

16. "Promotion" shall mean an assignment of an employee from a position in one classification to a position in another classification having a higher maximum salary rate.

17. "Rating form" shall mean a form used to record the evaluation of ability, attitude, conduct, production, etc. of an employee.

18. "Regular employee" shall mean an employee working full time; appointed under these rules, and who has satisfactorily completed his probationary period.

19. "Residence" shall mean the actual place of abode of the employee.

20. "Seniority" shall mean credits allowable by reason of continued service.

21. "Service credit" shall mean the credit used in personnel records for length of service.

22. "Supervisor" shall mean any person responsible for directing the work of others.

23. "Terminal leave" shall mean the period of time to be credited to a regular employee in accordance with qualifications set forth in subsection 10-1.7 g 11.

24. "Town" shall mean the Town of Little Compton.

25. "Transfer" shall mean any change of an employee from one position to another position having no greater than the same maximum salary rate.

26. "Work week" shall mean the number of hours regularly scheduled during any seven (7) consecutive days; Sunday being the first of said days.

27. "Working day" shall mean any one period of at least eight (8) continuous hours during which an employee is scheduled to work. (Ord. #1981-3, §5)

10-1.6 Exempted Positions.

There shall be exempted from the classified service of the Town:

a. Officers elected by the people and all persons appointed to fill vacancies in such elective positions.

b. Heads of departments and all members of boards, commissions, and committees appointed by the Town Council.

c. Employees of the school department.

d. Persons engaged by contract to perform special services for the Town.

e. Persons temporarily appointed or designated to make or conduct a special inquiry, investigation or examination, or to perform a special service where such appointment or designation is found by the Town Council to be for employment which because of its expert nature or character could not or should not be performed by persons in the classified service.

f. Such temporary unskilled workers paid on an hourly basis as the Town Council may determine.

g. Persons who in times of public emergency may be appointed special employees.

h. Employees of the Town appointed by the Trustees of the Brownell Library.

i. Employees of the elected Beach Commission.

j. Any employee working part-time for any Board, Commission or Trust appointed by the Town Council.

Employees of the School Department, Library and Beach Commission shall include salaries and benefits in their budget requests for Financial Town Meeting approval. (Ord. #1981-3, §6; Ord. 8/5/99)

10-1.7 Working Conditions.

a. Hours of working. The hours during which the Town offices (other than the offices of elected officials) and departments shall be open for business shall be determined by the Town Council.

b. Work week. The working week shall consist of a minimum of thirty-five (35) hours during seven (7) consecutive days, commencing on Sunday of each week, except as otherwise hereafter provided.

The working time per week for all regular or probationary employees shall be thirty-five (35) hours, except that salaried employees of the various departments may be required to work additional time to meet existing conditions or unexpected contingencies. Special provisions shall be made in any department, such as fire and police (covered by contract) which require additional hours to meet existing conditions or unexpected contingencies.

c. Attendance. Employees shall regularly be at their places of work in accordance with these rules and other department regulations. All departments shall maintain daily attendance records of employees.

d. Overtime. Employees shall work overtime when necessary and overtime shall be allocated on any job as evenly as possible among the employees qualified to do the work. Overtime compensation shall be at time and one-half the regular hourly pay rate for the work concerned.

e. Holidays. Employees shall be paid for the following legal holidays.

New Year's Day

Labor Day

Martin Luther King Day

Columbus Day

President's Day

Veteran's Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

Victory Day

If any of the above holidays falls on a Saturday, it shall be observed on the preceding Friday; if any holiday falls on a Sunday, it shall be observed on the following Monday.

At the discretion of the Town Council, employees may be required to work on any of the above holidays, and shall be compensated at regular rates, in addition to their regular day's pay.

An employee who is absent on leave without pay shall not be paid for authorized holidays.

An employee who is absent without leave on the working day preceding or following a holiday shall lose pay for the holiday as well as for the other day off.

Employees wishing to observe religious holidays not listed herein shall, with their option, and the approval of their department head, be given time off during said day, without pay, or have the time charged to their vacation.

f. Vacations. Department heads shall schedule vacations, giving due consideration to the needs of the service and the ability of the remaining staff to perform the work of the department. The employee shall be permitted to take his vacation at such time as, in the judgment of the department head, will best serve the interest of the Town.

Every employee who successfully completes his probationary period and receives a full time appointment shall receive one (1) vacation day per month during the remaining fiscal year of employment. During each succeeding year of employment regular employees shall be entitled to two (2) weeks vacation per fiscal year.

Employees who have completed five (5) successive years of full-time employment in the Town service shall be entitled to three (3) calendar weeks of vacation (not necessarily successive); vacation time to be determined by the department head, during the fiscal year.

Employees who have completed ten (10) consecutive years of full-time employment in the Town service shall be entitled to four (4) weeks vacation during the fiscal year, at times to be determined by the department head.

Official holidays occurring during a vacation shall not be charged to vacation time. No accumulation of vacation leave will be allowed beyond any one (1) fiscal year.

g. Leave regulations.

1. Sick leave. Each full time employee in the classified service shall earn sick leave with pay at the rate of one and one quarter working days for each calendar month of service, provided, however, that such benefit shall not accrue in excess of one hundred twenty (120) days, except for uniformed or full time members of the Fire and Police Departments who are disabled in the line of duty. In such case, such employee shall receive full pay while so disabled in accordance with provisions of State law. Sick leave must be earned before it can be granted and shall not be considered a "right", but shall be a "privilege" granted under the authority of these rules and regulations.

Sick leave will be granted for absence from duty because of actual personal illness, non-compensable bodily injury or disease and exposure to contagious disease. It may also be granted for a maximum of three (3) days (not to exceed one (1) day for each time used) in any one (1) year for illness' in the immediate family of an employee.

If an employee is required to be absent from work for any of the reasons specified herein, he shall cause his absence to be reported to his department head within two (2) hours of the time set for the beginning of his daily duties. Sick leave may not be granted unless such report has been made, and notice given as required herein.

In all cases where sick leave exceeds five (5) working days, the department head may require the employee to file a licensed physician's certificate indicating the nature and probable duration of the illness or disability.

Holidays and regular days off shall not be counted in computing sick leave taken. On the job injuries may be chargeable against accrued sick leave, and no loss of pay shall result from time lost due to such injury.

2. Bereavement leave. Regular full-time employees shall be granted three (3) days leave (not to encompass more than five (5) calendar days) with pay in the event of the death of members of the immediate family and one (1) day for all other relatives.

3. Jury leave. Regular full-time employees shall be granted leaves of absence for required jury or other civic duty requiring appearances before a court or other public body. Such employees shall receive that portion of their regular salary or pay which will, together with their jury pay or appearance fees, equal their total salary or pay for the same period. Mileage allowances for such services may be retained by the employee.

4. Civic duties. All employees entitled to vote at national, municipal or special elections shall, when necessary, be allowed sufficient time off with pay to exercise this right.

5. Military leave. Every employee holding a position in the classified service who has left or shall leave said position by reason of entering the armed forces of the United States, and who has held a position in the classified service for one hundred-eighty (180) consecutive calendar days within the past twelve (12) months preceding such entrance in the armed forces, shall be entitled to military leave of absence without pay.

Employees on military leave shall be entitled to annual salary increases which would have been earned but for military service, if, upon release from military service the employee resumes full-time employment with the Town within thirty (30) days of release.

Any regular full-time employee who may be a member of the stand-by branch of the armed forces and who may be required to perform military duties for a period of fifteen (15) days or less in any one (1) calendar year, while employed by the Town, shall receive the difference between his regular pay and the compensation paid during the performance of his military service in that year.

6. Extended leave of absence. Extended or emergency leave of absence, without pay, shall only be granted on the recommendation of the department head and with the approval of the Town Council.

When any leave of absence without pay exceeds time worked in any one (1) month, service credit for all employment privileges shall cease until active employment is resumed. This rule of employment applies to all employees.

Department heads shall be responsible for accurate reports of employees who are absent from work and shall report absentees who are not entitled to pay under the prevailing working policy.

7. Administrative leave. During times of severe storms, when roads may be impassable, etc., administrative leaves may be granted to the employees at the discretion of the Department Head. Leave of this nature shall be with pay and shall not be chargeable against accrued sick or vacation leave.

8. Seasonal and part-time employees. Seasonal and part-time employees shall not be entitled to vacation, sick leave or any other benefits that are allowed regular employees.

9. Emergency leave. If an employee shall be called to his home to respond to an emergency, emergency leave, with pay, may be granted at the discretion of the department head.

10. Occupational disability or injury leave. Subject to the approval of the Town Council, an employee injured in the course of his employment may be granted occupational disability or injury leave, not charged against his sick leave or vacation. When such occupational disability or injury leave is granted the Town Council shall establish the amount to be paid during such leave, if any. In these cases it shall be the responsibility of the department head to submit a full report of the character, degree, and potential duration of such disability, and periodically review the progress of the case and make recommendations to the Town Council as may seem advisable. The Town Council shall have the right to order the employee to be examined by any licensed physician at the expense of the Town.

11. Terminal leave. Any unused vacation leave due any employee on his last work day prior to retiring from Town service shall constitute his terminal leave, payable to him at his last regular rate. The employee will receive his pay for terminal leave in a lump sum at the beginning of such period. Sick leave and vacation leave shall not be accrued during any terminal leave. Any employee who leaves Town employment for reasons other than normal retirement will receive payment for any unused vacation leave prorated from the beginning of the fiscal year.

h. Insurance Coverage. Full time employees not otherwise covered by Union Contract including Department Heads, the elected Town Clerk, and the elected Town Treasurer/Tax Collector shall be entitled to a level of health insurance coverage equivalent to the level of coverage equal to but not to exceed the union contracts for full time employees. All premiums for the above to be paid by the Town.

All retired employees, whether full or part time, employed for at least ten (10) years at the time of retirement, and retiring after passage of this paragraph, shall be eligible for said insurance coverage; all premiums to be paid by said retired employees.

Town Council members currently receiving health benefits shall continue to receive such benefits at their present level subject to Financial Town Meeting approval; however all benefits will end in November 1996 for all Town Council members.

Full time employees not otherwise covered by union contract including Department Heads, the elected Town Clerk and the elected Town Treasurer/Tax Collector shall also be entitled to group life insurance coverage in the amount of ten thousand ($10,000.00) dollars, all premiums to be paid by the Town.

Employees of the Town, other than the Fire and Police Departments, shall be subject to the provisions of the Rhode Island Workers Compensation Act.

i. Retirement. All employees of the Town will come under Social Security. In addition, any employee who works over one thousand (1,000) hours in any calendar year will be included in the Town pension plan.

1. Any member of the Police Department or Fire Department shall be subject to compulsory retirement upon attainment of age sixty-two (62).

j. Longevity. Effective 1 July 1988 longevity shall be paid as follows:

YEARS OF SERVICE

5 years through 9 years	2% of base salary per year
10 years through 14 years	3% of base salary per year
15 years through 20 years	4% of base salary per year
More than 20 years	5% of base salary per year

Length of service shall be as of June 30 each year and longevity shall be disbursed on June 30 each year. (Ord. #1981-3, §7; Ord. 10/4/84; Ord. 6/20/85; Ord. 7/24/86; Ord. 9/18/86; Ord. 11/19/87; Ord. 6/9/88; Ord. 11/9/89; Ord. 2/18/93; Ord. 12/8/94; Ord. 8/5/99)

10-1.8 Administration.

a. Position Vacancy.

1. Announcement. The Town Council shall advertise every position vacancy at least once in a newspaper with general circulation within the Town.

2. Application. The applicant for a position will submit a letter of application plus a resume to the Town Clerk before the deadline specified in the announcement. The Town Council may in its discretion reject any application which indicates on its face that the applicant does not possess the minimum qualifications established for the class of position; or if the application discloses that the applicant is not a citizen of the United States; is physically unfit for the performance of the duties involved; is addicted to the habitual use of drugs or intoxicants; has been recently convicted of a crime involving moral turpitude; has willfully made any false statements of material fact; or has practiced or attempted to practice any deception or fraud in his application.

3. Examinations. Examinations may be required by the Town Council or department head and may consist of written, oral, performance or physical tests, or any combination thereof, as will best fairly test the qualifications of the applicant for the position involved.

4. Examination results. Notice of examination results, as soon as possible after the conclusion of an examination, shall be sent each person taking the examination. The notice shall state the relative position of the applicant on the rating list, or the fact that he has failed to attain a passing grade in the examination.

After the eligible list has been established, the markings and test papers of each competitor shall be open to his personal inspection, for a period of time not exceeding fifteen (15) days after mailing of the notices.

5. Eligibility list. As soon as possible after the conclusion of an examination, the Town Council shall prepare and keep available for a period of one (1) year an appropriate eligibility list for the employment within the classified service consisting of the names of persons successfully passing examinations. The names shall be arranged in order of final ratings made from the highest score down to the lowest acceptable passing score.

6. Non-Competitive appointments. In the event that the Town Council shall consider it necessary to fill any position in service, without the delay necessary to the establishment of an eligibility list, the Council may make a provisional or emergency appointment. No provisional or emergency appointment shall be continued effective beyond one pay period after the establishment of an appropriate eligibility list for the particular position and class.

b. Time of payment. All employees in the Town's classified service shall be paid bi-weekly.

c. Part-time rates. An employee who works less than the established hours of employment will be paid by the hour.

d. Overtime. All employees required to work overtime shall be paid for additional time worked. All overtime shall be paid at one and one-half (1-1/2) times the regular rate.

No overtime shall be paid until after the hours required for the basic work week shall have been worked. Vacation leave or holiday leave shall be credited as hours worked during the week in which taken. Sick leave shall not be credited as hours worked for the purpose of determining overtime pay.

Department heads must certify all overtime hours worked to the Town Treasurer prior to payment. Overtime shall be reported exactly as worked, and shall be paid accordingly.

e. Leave pay. When an employee is absent due to authorized occupational disability or injury leave, sick leave, vacation or special leave with pay, he will be paid his regular pay and authorized allowances.

f. Terminal pay. All employees who leave the service of the Town for any reason shall receive all pay which may be due them with the following qualifications.

1. Regular employees who have completed one (1) year service shall be paid for all unused vacation time prorated on months of service worked during any fiscal year. Employees who leave before completing one (1) year service shall not be entitled to any vacation pay upon termination of service.

2. Regular employees who are retired or die in the service of the Town shall be paid for all accumulated vacation leave.

3. Employees who are granted military leave of absence shall also be paid earned but not used vacation leave to the date of their separation computed in the usual manner. Accumulated sick leave shall be credited to them upon return to employment. (Ord. #1981-3, § 8; Ord. #6/18/87, § 1)

10-1.9 General Provisions And Responsibilities.

a. Working relationship. It shall be the duty of each employee to maintain high standards of cooperation, efficiency and economy in his work for the Town. Department heads and supervisors shall organize and direct the work of their unit to achieve these objectives.

When work habits, attitude, production or personal conduct of an employee falls below a desirable standard, department heads should point out the deficiencies at the time they are observed. Warning in sufficient time for improvement should precede formal discipline, but nothing in this section shall prevent immediate formal action whenever the interest of the Town requires it.

b. Physical fitness. It shall be the duty of each employee to maintain standards of physical fitness required for the performance of his work. When a department head has reason to believe that the physical fitness of an employee constitutes a hazard to persons or property, he may request the employee to submit to medical examination by a licensed physician at the Town's expense. The employee shall be paid for the time required for such examination when it is for the sole purpose of determining his physical condition relative to Town employment.

c. Residence. All employees shall be required, as part of their working agreement, to furnish their department head any change of address. No employee shall be permitted to maintain his residence outside the corporate town limit of the Town of Little Compton without express permission of the Town Council.

d. Outside work. No full time employee holding a position under the classified service shall engage in any outside business activities, however remote from the function of his position, which will in any way interfere with the employee's regular duties, or embarrass or bring discredit to either the employee or the Town.

e. Safety. All employees shall be required to take every precaution to prevent accidents to himself, to his fellow employees and the public.

All drivers of motor vehicles owned or used by the Town shall be responsible to maintain the standards of physical fitness required for the operation of such motor vehicles and shall be required to obey all traffic rules and regulations prescribed by law and to use every precaution to prevent accidents. Said driver shall also be required to possess a valid Rhode Island operator's license.

It shall be the duty and responsibility of all operators of motor vehicles or equipment, both heavy and light, to report immediately to their supervisor any defect in their mechanical equipment, and, when same occurs, to use every precaution to prevent accidental loss, expense, or recurrence of such condition.

Operators of all motorized equipment used in the service of the Town who violate this rule or become involved in any accident will be subject to disciplinary action if upon investigation it is determined that the employee was responsible for such accident or through carelessness or recklessness contributed to the cause of such accident.

All employees whose duties require the operation of office equipment, machinery or tools of any kind or nature shall use every precaution in the prevention of accidents to themselves or other employees and shall be chargeable with the responsibility for the proper operation of all equipment used in the normal function of their duties.

f. Prohibited practices. No employee shall take any part in the management of any Town political organization or in the conduct of any Town political campaign further than in the exercise of the rights of a citizen to express his or her opinion and to cast his or her vote.

g. General personnel policy. The personnel policies herewith adopted shall become a part of any employment agreement of any employee, and a copy shall be given to each employee by the Town Council. The policies may be changed or amended at the discretion of the Town Council. Each employee is expected to have a thorough working knowledge of his job and should possess a profound respect for his work. He should be endowed with the spirit that his effort is of importance and that his work is of worthwhile value. He should possess a knowledge of the relation of his job to those of other employees and to the entire Town. Employment in a position either full time or temporary, is not recognized as a vested right, and shall be continued only when the standard of service justifies the continuance.

h. Motor vehicles. With permission of the Town Council, Town owned vehicles may be taken home by Town employees for emergency or call back use only. Any private or personal use of said vehicle is prohibited.

(Ord. #1981-3, § 9; Ord. 10/4/84; Ord. 11/7/85)

10-1.10 Probationary Period.

All original appointments to the classified service shall be for a probationary period of six (6) months. Any employee may be dismissed by the Town Council during the probationary period for reasons relating to the employee's qualifications or for the good of the service stated by the Town Council in writing. (Ord. #1981-3, §10)

10-1.11 Full Time Status.

An employee shall be retained beyond the end of the probationary period and granted full time status only if the Town Council finds that the services of the employee have been satisfactory. (Ord. #1981-3, § 11; Ord. 10/4/84)

10-1.12 Eligibility Lists.

The Town Council shall maintain a list of the names of all full time and probationary employees who have been removed from service or employment within the Town government for lack of work or lack of funds. Such list shall be called a reemployment list. Upon the restoration of necessary funds or work involved, within one (1) year from the date of his or her removal, the employee shall be returned to the position from which he was removed. (Ord. #1981-3, § 12; Ord. 10/4/84)

10-1.13 Separation, Dismissal, or Resignation.

a. The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by lay-off or suspension; or permanently separated by resignation or dismissal.

b. Whenever there is lack of work or lack of funds requiring reductions in the number of employees in a department of the Town government, the required reduction shall be made in such job class or classes as the department head may designate. Within each affected job class, all temporary employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any full time employees.

c. A full time employee maybe dismissed or demoted whenever in the judgment of the department head or the appointing authority, the employee's work or conduct so warrants. The Town Council shall notify the employee in writing of their action. This notice shall contain a detailed statement of the reasons for dismissal or demotion.

d. When in the judgment of a department head an employee's work performance or conduct justifies disciplinary action short of dismissal, the employee may be suspended without pay by the Town Council. A suspended employee may request a hearing before the Town Council.

e. An employee after an absence of five (5) consecutive working days without authorized leave shall be considered to be permanently separated by resignation or dismissal.

f. An employee wishing to resign his position of employment with the Town shall submit his resignation, in writing, to the head of the department in which said employee is employed, and said resignation shall contain the reasons for termination of employment of service. The department head shall forthwith forward the original copy of such resignation to the Town Council.

g. An employee who resigns with adequate reason, as explained in his notification of resignation, may be reinstated to any position in the same class if there is need of his service within one (1) year after the date of resignation. (Ord. #1981-3, § 13; Ord. 10/4/84)

10-1.14 Affirmative Action And Equal Employment Opportunity.

a. Policy of Town stated. It shall be the policy of the Town to conform to the provisions of the Equal Employment Opportunity Act of 1972 through the reinforcement of the merit principle of employment by assuring that all segments of society, especially members of minority groups, women, handicapped, and aged have an opportunity to enter the Town service on the basis of open competition and to advance according to their relative ability.

b. Principles incorporated within merit system. To assure this, the Town will incorporate the following principles within its merit system:

1. The recruiting, selecting and advancing of employees will be done on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants for initial appointing.

2. The Town will provide equitable and adequate compensation to all employees within the classified service.

3. Employees will be trained as needed to assure high service.

4. Employees will be retained on the basis of the adequacy of their performance. Inadequate performance will be corrected where possible through job counseling, evaluation, and employee interviews and employees will be separated whose inadequate performance cannot be corrected.

5. The Town will assure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, marital status or privacy and constitutional rights as citizens.

6. The Town will assure that its employees are protected against coercion for partisan official purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the results of an election or a nomination for office.

7. Taking affirmative action shall not mean that the Town will give preferential treatment to minority groups, women, handicapped, or the aged; but will provide equal employment and advancement opportunity for all. (Ord. #1981-3, §14)

10-1.15 Drug-Free Workplace.

In accordance with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226) and the Drug-Free Workplace Act of 1988 (Public Law 100-690), the Little Compton Town Council hereby adopts the following policy for the prevention of substance abuse among the employees of the Town of Little Compton.

The possession, use or distribution of alcohol or illicit drugs by employees while on town property or during any town sponsored activity is strictly prohibited. Furthermore, employees are prohibited from being under the influence of alcohol or illicit drugs while on town property or during a town sponsored activity.

a. Prevention. The Town will:

1. Advise employees of the dangers of drug abuse in the workplace,

2. Inform employees of this policy, and

3. Inform employees of any available drug-counseling or rehabilitation programs.

b. Intervention. The Town shall maintain an assistance program to aid employees who are chemically involved.

The Town shall not, however, be obligated to pay the costs of any rehabilitation program in which an employee may enroll.

c. Discipline. The employee shall notify the Town Council in writing of any criminal conviction for a drug violation occurring in the workplace no later than five (5) days after such conviction in Federal or State Court;

The Town will notify the relevant Federal agency within ten (10) days after receiving notice of any conviction of an employee for a workplace drug violation;

The Town will, within thirty (30) days of receiving notice of the criminal conviction of an employee for a workplace violation, either take appropriate action against the employee or refer the employee to a rehabilitation program;

Violation of this policy shall be considered grounds for disciplinary action, including dismissal.

(Ord. 12/8/94)

10-1.16 Sexual Harassment Policy.

It is the policy of the Town of Little Compton to maintain a working environment that is entirely free of sexual harassment in any form. Supervisors and managers and all other employees are absolutely prohibited from engaging in sexual harassment of Town employees, visitors, and members of the general public. Sexual harassment is unlawful. Because sexual harassment can be destructive to employee morale as well as to the Town's reputation and because it can be extremely costly to the Town in terms of lost productivity, lost employees, and out-of-pocket expense, no act of sexual harassment can serve the Town or be incidental to any service on account of which any employee has been employed. Thus, any act or pattern of sexual harassment by any employee of the Town is beyond the scope of his or her authority as an employee, agent, supervisor or servant of the Town and will subject the employee to discipline up to and including the termination of employment.

The Town will administer all provisions of this policy without regard to race, color, religion, sex, sexual orientation, age, national origin, handicap, Vietnam-era veteran status, or disabled veteran status.

a. Scope. This policy applies to all employees of the Town of Little Compton.

b. Responsibility.

1. The Town Council President has overall responsibility for this policy.

2. Department Heads are responsible for the implementation and daily administration of this policy.

3. Supervisory employees at all levels are responsible for implementing and enforcing this policy, and for assisting in investigating and processing employee complaints with the utmost priority and consideration for the rights of all concerned.

4. Every employee is responsible for reporting to his/her supervisor or the Department Head any incident of sexual harassment that he/she witnesses or learns of. The Town will maintain the highest degree of confidentiality possible with respect to such reports, consistent with its obligation to investigate thoroughly all such reports.

c. Definition and Examples of Sexual Harassment.

1. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

d. Some examples of employee conduct towards other employees prohibited by this policy include:

1. Physical assaults of a sexual nature, such as:

(a) Assault, rape, sexual battery, molestation or threats or attempts to commit these acts; or

(b) Unwelcome intentional physical conduct, or threats of such conduct, which is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another person's body, or poking another person's body.

2. Unwanted sexual advances, propositions or other sexual comments, such as:

(a) Sexually-oriented gestures, noises, remarks, jokes or comments about a person's sexuality or sexual experience;

(b) Giving rewards or promises of rewards for submitting to sexual conduct, or reprisals or threats of reprisal for refusal to submit to sexual conduct;

3. Sexual or discriminating displays in the workplace such as:

(a) Displaying or otherwise publicizing in the work environment materials that are sexually revealing, suggestive, demeaning or pornographic; or

(b) Displaying signs or other materials purporting to segregate an employee by sex in any area of the workplace (other than restrooms and similar semi-private lockers/changing rooms).

4. Retaliation against an employee for making a complaint under this policy or for assisting or cooperating in an investigation of a complaint under this policy,

5. Failure to cooperate fully with investigation of harassment complaints.

e. Issuance and Circulation of Policy Statement.

1. The Department Head or his/her designee is responsible for developing a bulletin board notice to all employees for posting at the time that this policy is adopted by the Town of Little Compton. The notice will emphasize the importance of the policy to the Town, the obligation of every employee to report any incident of sexual harassment, the availability of supervisors and administrative staff to receive such reports and the confidentiality with which these reports will be treated.

2. A copy of the Policy will be given to all employees and new employees will be given a copy upon hire. Employees will provide written acknowledgment that they have received the policy and understand its terms.

f. Employee Report and Investigation Procedure.

1. Employees may report sexual harassment to any supervisor, or directly to the Department Head, or, if the Department Head is involved in the allegation of sexual harassment, to the Town Council President.

2. The supervisor will promptly inform either the Department Head or, if the Department Head is involved in the allegation of sexual harassment, the Town Council President of any report of sexual harassment.

3. The Department Head or the Town Council President or his/her designee, will thoroughly investigate the report of sexual harassment as promptly as possible, keeping the matter as confidential as is practicable. After investigation, he/she will take whatever action is necessary to remedy any harm done by a proven instance of sexual harassment and the complaining employee will be notified of the action taken. If, after investigation, the Department Head or the Town Council President is unable to establish that any act of sexual harassment has occurred, he/she will meet with the complaining employee(s) and with the complained-against employee(s) individually to explain both the results of the investigation and the Town of Little Compton's policy on sexual harassment.

4. It is the responsibility of every employee to cooperate fully with any investigation under this policy.

g. Statement of Range of Consequences.

1. Sexual Harassment.

(a) Employees are subject to discipline, up to and including discharge, for any act of sexual harassment which is proven to the satisfaction of the Town of Little Compton.

(b) The appropriate measure of discipline will be determined on the basis of the Town's assessment of the nature and severity of the misconduct, along with any other relevant factors.

2. Retaliation. It is unlawful to retaliate in any way against an individual who has complained of sexual harassment or cooperated in an investigation of a complaint of sexual harassment. An employee may be disciplined, up to and including discharge, for any such act of retaliation. The appropriate measure of discipline will be determined on the basis of the Town's assessment of the nature and extent of the retaliation and any other relevant factors brought to the attention of the Town of Little Compton.

h. Enforcement Agencies.

1. State and federal employment discrimination agencies are: the Rhode Island Commission for Human Rights, which may be contacted at 10 Abbott Park Place, Providence, RI, 02903 and the Equal Employment Opportunity Commission, which may be contacted at the Boston Area Office, One Congress Street, Suite 1001, 10th Floor, Boston, MA 02114.

2. State and federal agencies generally expect that employees will have first recourse to the procedures under an employer's sexual harassment policy in order to put a stop to sexual harassment or retaliation. It is the purpose of this policy that no employee should ever have to go to an outside agency in order to resolve any situation involving sexual harassment. (Ord. 9/19/02)

10-2 Indemnification of Officers and Employees.

All public employees, officials, members of boards, agencies and commissions appointed by the Town Council or by any other persons exercising appointing authority delegated to them by the Town Council; whether or not such employees officials or members are paid; are indemnified from all loss, cost, expense and damages, including legal fees and court costs, if any, arising out of any claim, action, compromise, settlement or judgment by reason of any intentional tort or by reason of any alleged error or misstatement or act of omission, or neglect or violation of the rights of any person under any Federal or State law, including misfeasance, malfeasance or nonfeasance or any act, omission or neglect contrary to any Federal or State law which imposes personal liability on any such employee, official or member, if such employee, official or member, at the time of such intentional tort or act, omission or neglect, was acting within the scope of his or her official duties or employment. The Town Council may decline to indemnify any such employee, official or member for any misstatement, error, act, omission, or neglect if the same resulted from willful, wanton or malicious intent on the part of such employee, official or member. Persons so indemnified shall be provided legal counsel at the expense of the Town and/or reimbursement for attorneys' fees and other expenses incurred in connection with the conduct of such defense, including the payment of the judgment thereon. The Town Council shall establish a fund into which it may deposit monies appropriated from time to time to defer the costs incurred in carrying out the purposes of this section. The amounts contained in such fund at the end of any fiscal year may be carried forward to subsequent fiscal years without any reappropriation. The indemnity contained herein is extended to members of the School Committee and any other person employed by the School Department and any person appointed to any board, agency or commission by the School Committee, whether or not such person is compensated for his or her services. Said indemnification shall continue as to a person who has ceased to be an elected official, appointed official, or employee of the Town of Little Compton, and shall inure to the benefit of their heirs, executors and administrators of such a person. (Ord. 7/10/86)

10-3 Reserved.*

CHAPTER XI ^* RESERVED

CHAPTER XII SOIL AND SOIL REMOVAL

12-1 Earth Removal.1

12-1.1 Issuance of Licenses.

The Town Council may issue licenses as hereinafter defined, such permission to be restricted and exercised in accordance with the following sections. (Ord. 11/8/73,§l)

12-1.2 Definitions.

a. "Earth removal" shall mean the extraction or removal of any sand, gravel, loam, topsoil, stone, clay or shale, from deposits on any tract of land, excluding, however, extracting, removing, digging, mining or quarrying limestone, limerock, or granite and excluding operations of a sand and gravel plant currently in operation, and immediately surrounding twenty (20) acres of industrial zoned land upon which the sand and gravel plant is located, and excluding also earth removal involved in the process of grading land,

1. For the construction of building for which a building permit has been issued;

2. For the construction of a roadway, or

3. For a subdivision in accordance with a plat plan or plans approved by or in accord with an ordinance of any city, town or any duly authorized board of authority thereof.

b. "Zoning Board of Review" shall mean the Zoning Board of Review established by the Town of Little Compton.

c. "Residential use" shall mean any zone in which no use save dwellings, including multi-family dwellings, is permitted without first obtaining a variance, exception or special exception from the Zoning Board of Review. (Ord. 11/8/73, §2)

12-1.3 Hours.

All such earth removal operations shall be carried on only between the hours of 7:00 a.m. and 6:00 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday (except a legal holiday). Operations shall not be carried on at any other hours nor on Sunday nor on a legal holiday except upon issuance of a special exception from the Town Council. (Ord. 11/8/73, §3)

12-1.4 Setback Requirements.

Residential areas. The initiation or lateral expansion of earth removal is prohibited within a distance of:

a. Twenty-five (25) feet of the boundary of the tract of land upon which earth removal is to be carried on adjacent to residential use property; or

b. Within fifty (50) feet of any dwelling whichever is greater. (Ord. 11/8/73, §4)

12-1.5 Fencing.

Fencing is required around those portions of the boundary of the tract of land upon which earth removal is being conducted and adjacent to developed residential property. Such fencing shall be five (5) feet in height and shall be effective to control access to the area in which such earth removal is being conducted. (Ord. 11/8/73, §5)

12-1.6 Dust Control.

Calcium chloride or oil shall be applied to non-paved roads to be used for vehicular ingress or egress to the tract of land and to the regularly traveled roads within the tract of land on which earth removal is to be conducted. (Ord. 11/8/73, §6)

12-1.7 Drainage.

Drainage shall be provided on tracts of land on which earth removal is to be conducted to prevent the permanent collection and stagnation of surface or underground waters, and to prevent the flooding and erosion of surrounding property. (Ord. 11/8/73, §7)

12-1.8 Submission of Plans.

Except as otherwise provided herein, as a condition precedent to the issuance of a license for earth removal, there shall be submitted to the Town Council for its approval:

a. A plan prepared by a registered engineer in compliance with the provisions of this section and setting forth the existing contours of the tract of land, and based upon classifications of preliminary samples of the material to be removed,

1. The final contours of the tract of land upon completion of earth removal operations and

2. The type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion; provided, however, if there is suitable fertile ground cover existing at the beginning of earth removal, enough of said ground cover shall be held in reserve and reapplied for a minimum thickness of three (3) inches.

b. An opinion by a registered engineer that upon completion of earth removal operations all slopes on the tract as set forth in the plan referred to in paragraph a of this section, shall remain at the natural angle of repose; and

c. A bond not to exceed one hundred ($100.00) dollars for each acre of the tract of land to insure compliance with the requirements of this section.

If the plan set forth in subsection 12-1.8a is not complied with, the Town may undertake and complete such plan and the owner of the tract of land shall reimburse the Town for its necessary expenses in connection therewith and the Town shall have a lien on the tract of land for such expenses. (Ord. 11/8/73, §8)

12-1.9 License Required.

A condition precedent to any earth removal as herein defined shall be the obtainment of a license to be issued by the Town Council upon the submission of the documents required by subsection 12-1.8 and its approval thereof, and the payment of a license fee of twenty-five ($25.00) dollars. (Ord. 11/8/73, §9)

12-1.10 Exceptions.

Upon special application and after a showing that the literal enforcement of this section will work a hardship, the Zoning Board of Review may grant an exception to the terms of this section upon a finding that such exception will not result in a substantial depreciation of surrounding property. (Ord. 11/8/73, §10)

12-1.11 Appeals.

Appeals from the decisions of the Town Council to the Zoning Board of Review shall be taken in the same manner as other appeals to the Zoning Board and the procedure as to notice and hearings shall be the same insofar as the same are consistent herewith. (Ord. 11/8/73, §11)

12-1.12 Revocation and Penalties.

Violators of any of the provisions of this section shall pay a fine not exceeding one hundred ($100.00) dollars for each offense, such fine to inure to the Town of Little Compton. Violations shall be determined and fines imposed by the Town Council. Each day the violation exists shall be considered a separate offense.

Suit may be instituted in the Superior Court in the name of the Town of Little Compton to restrain any violation of, or compel compliance with, this section.

The Zoning Board of Review shall have the authority following adequate notice to the license holder and a hearing, to revoke any license obtained under provisions of this section on earth removal for violations of any provisions of this section. (Ord. 11/8/73, §12)

12-1.13 Operations Already in Existence.

This section shall apply to earth removal being conducted on the date of its enactment on any tract of land within the Town of Little Compton sixty (60) days after enactment. (Ordinance adopted November 8, 1973) Upon submission to the Town Council of the plan and all other material as required under subsection 12-1.8, (except that no such plan need set forth existing contours for that portion of any tract of land on which earth removal has been completed on the effective date of this ordinance), the Town Council shall forthwith issue a license for the continuance of earth removal on any such tract of land. (Ord. 11/8/73, §13)

12-1.14 Property Previously Obtained for Earth Removal Purposes.

Real property acquired or leased prior to the effective date of the enabling act for the purpose of earth removal and held for such purpose on the date of enactment of this ordinance shall be considered in use for earth removal whether or not extracting has been actually commenced, and a license for earth removal on such property shall be issued pursuant to subsection 12-1.9 hereof upon compliance with the provisions of subsections 12-1.8 and 12-1.9. In order for real property to qualify hereunder, the following conditions shall be considered as conclusive evidence that such real property was acquired or leased and held for the purpose of later mineral extraction:

a. Such real property was acquired or leased prior to effective date of the enabling act; and

b. Such real property was acquired or leased by an individual, corporate or otherwise, engaged at the time of acquisition in the business of mineral extraction, and

c. Such real property, or the substantial portion of such property, has not been permanently developed, for any residential, commercial (other than farm or agricultural) or industrial purpose; and

d. Such real property contains mineral deposits of a demonstrable economic value; and

e. Provided, further, that if the owner or lessee of any such tract of land shall file in the office of the Town Clerk, as the same may be, on or before December 31, 1973, a statement setting forth his intention to engage in earth removal on said tract of land and describing said tract of land, then such tract of land shall be deemed to qualify under this section, and as to any tract of land for which such intention is not so filed then the provisions of this section shall have no force and effect. (Ord. 11/8/73, §14)

12-1.15 Town of Little Compton Operations.

If the Town of Little Compton shall engage in earth removal for municipal purposes, it shall comply with the provisions of this section. (Ord. 11/8/73, §15)

CHAPTER XIII RESERVED^*

Whereas, R.I.G.L. Section 45-23-51, provides that the Town Council shall empower by ordinance the Planning Board to adopt, modify and amend regulations and rules governing land development and subdivision projects within the Town and to control land development and subdivision projects pursuant to those regulations and rules; and

Whereas, the Planning Board is authorized by Article VII, Section 701.A. of the Home Rule Charter of the Town of Little Compton, effective January 1, 1995, to have the duties and responsibilities provided in State law for such boards; and

Whereas, the Planning Board and the Town Council have been working together for a year, together with expert consultants, to draft new Subdivision Regulations, and such Regulations are now complete:

Now, therefore, the Town Council of the town of Little Compton does hereby ordain as follows:

1. The Little Compton Planning Board is empowered to adopt, modify and amend regulations and rules governing land development and subdivision projects within the Town and to control land development and subdivision projects pursuant to those regulations and rules.

2. Chapter XIII, Sections 13-1 through 13-7.4 inclusive, of the Little Compton Code of Ordinances entitled "Subdivision of Land" is repealed as provided for in Subsection 1 above, provided however that it shall remain in effect for any subdivisions currently in the process of approval as set forth in the new regulations.

CHAPTER XIV ZONING*

14-1 Introduction.

14-1.1 Preamble.

In accordance with Sections 45-24-27 through 45-24-72 of the General Laws of Rhode Island, 1956, as amended, also known as the Rhode Island Zoning Enabling Act of 1991, the zoning ordinance of the Town of Little Compton is hereby amended to read as follows: (Ord. 6/23/94, Art. 1)

14-1.2 Purpose.

The regulations set forth in this chapter are made in general conformity with the Comprehensive Community Plan of the Town of Little Compton adopted on June 23, 1994 and prepared, adopted, and as may be amended in accordance with chapter 22.2 of the General Laws and shall be designed to address the following purposes. These purposes have equal priority and are numbered for reference purposes only.

a. Promoting the public health, safety, and general welfare of the Town.

b. Providing for a range of uses and intensities of use appropriate to the character of the Town and reflecting current and expected future needs.

c. Providing for orderly growth and development which recognizes:

1. The goals and patterns of land use contained in the Comprehensive Community Plan of the Town of Little Compton;

2. The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;

3. The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;

4. The values of unique or valuable natural resources and features;

5. The availability and capacity of existing and planned public and/or private services and facilities;

6. The need to shape and balance settled areas of the Town with rural development; and

7. The use of innovative development regulations and techniques.

d. Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

e. Providing for the protection of the natural, historic, cultural, and scenic character of the Town or areas therein.

f. Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.

g. Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.

h. Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.

i. Promoting safety from fire, flood, and other natural or man made disasters.

j. Promoting a high level of quality in design in the development of private and public facilities.

k. Promoting implementation of the Comprehensive Community Plan of the Town.

l. Providing for coordination of land uses with contiguous municipalities, other municipalities, the State, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality.

m. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.

n. Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances and special-use permits.

(Ord. 6/23/94, Art. 1)

14-1.3 Compliance with Chapter.

Except as may be specifically authorized, the uses and dimensional requirements set forth in this chapter shall govern the following:

a. Conformance with Permitted Use. No land shall be used and no building, structure or sign shall be erected, modified, enlarged or used unless such action conforms to this chapter. No building or structure or sign shall be moved to a new site unless that site is zoned to permit the use intended for such building structure or sign.

b. One Building Per Lot. Every building, structure or sign hereafter erected and every use hereafter initiated shall be located on a lot as defined in this chapter and there shall be no more than one (1) main or principal building, together with its accessory buildings or uses, on one lot, except where specifically authorized in this chapter.

c. Dimensional Conformance. Except as hereinafter provided, no building, structure or sign shall be erected, enlarged, or reconstructed to exceed the dimensional limits established for the zone wherein such building, structure or sign is located.

d. Lot Area Conformance. No new lot shall be created, nor shall an existing lot be reduced or diminished except in conformance with the dimensional requirements of this chapter, nor shall the number of dwelling units or occupancy thereon be increased in any manner except in conformance with the dimensional requirements of this chapter. The lot areas or yard dimensions of buildings existing at the time this chapter became effective shall not be diminished below the requirements herein provided. The required yard or parking area for a building shall not be included as a part of the required yard or parking area of any other building.

(Ord. 6/23/94, Art. 1)

14-1.4 Zoning Districts and Zoning Map.

a. Zoning Districts. For the purpose of this chapter the Town of Little Compton is hereby divided into the following zoning districts:

1. Residence (R) District. This district includes areas which are considered suitable for residential, agricultural and related development at densities consistent with the ability of the soils to yield potable domestic water supplies and provide for domestic waste disposal.

2. Business (B) District. This district includes areas of existing and proposed limited business and commercial development within and in the vicinity of village centers where patterns of business development have been established. Such development will be subject to standards of performance with regard to any potentially disturbing effects upon neighboring uses and subject to all other requirements of this chapter.

b. Zoning Map. The boundaries of these zoning districts are hereby established as shown on a set of Town Assessor's Plats entitled "Little Compton Zoning Map - 1994" at a scale of one inch equals two hundred feet (1" = 200'); on file at the office of the Town Clerk. In interpreting this map, the following guidelines shall apply:

1. Zoning district boundaries which are located within a street, right-of-way, stream or water body shall be interpreted as following the center line of such feature.

2. Zoning district boundary lines which are located along shorelines shall be construed as following the shoreline at the mean high water line and; where any alteration of the shoreline, either natural or artificial, is made; shall be interpreted as relocating to the new shoreline location.

3. Where a zoning district boundary is located approximately parallel to, in extension of or following a lot line or other mapped feature; it shall be so construed.

4. Where a lot or parcel is divided by a zoning district boundary, the regulations of either district may be applied for a maximum distance of thirty (30) feet either side of said zoning district boundary.

5. Distances not specified on the zoning map shall be determined by use of the linear scale indicated on the map.

c. Interpretation of Chapter. It shall be the duty of the building official to interpret and apply the provisions of this chapter including clarification of the zoning map. Such interpretation and application shall be subject to appeal to the Board. In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of health, safety, convenience or the general welfare.

This chapter shall be consistent with the Comprehensive Community Plan, as amended, of the Town of Little Compton, adopted on June 23, 1994 pursuant to Chapter 45-22.2 of the general laws of Rhode Island, and in the instance of uncertainty in the construction or application of any section of this chapter, this chapter shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and

policies and applicable elements of such Comprehensive Community Plan.

(Ord. 6/23/94, Art. 1)

14-2 Nonconformance.

14-2.1 Definitions.

a. Nonconformance. A nonconformance is a building, structure, sign, or parcel of land, or use thereof, which was lawfully established at the time of the adoption or amendment of this Zoning Chapter, and not in conformity with the provisions of such ordinance or amendment.

b. Lawfully Established. A building, structure, sign, or parcel of land, or use thereof, was lawfully established if it was in existence prior to May 13, 1968, or was established in conformance with the Zoning Chapter in effect at the time the use was first established. For the purposes of this chapter, the placement or use of a sign, with or without any other structure or use, is considered a use of land. A lot was lawfully established if it was shown on a deed or recorded plat prior to May 13, 1968, or is shown on a legally recorded plat or deed that conformed to requirements in effect at the time of the recording. Any building, structure, sign, or parcel of land, or use thereof, that was not lawfully established at the time of the adoption or amendment of this Zoning Chapter, is not protected by this section.

c. Nonconforming By Use. A lawfully established use of land, building, or structure which is not a permitted use in the zoning district in which it is located, as set forth in Section 14-3, is nonconforming by use. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall also be nonconforming by use.

d. Nonconforming By Dimension. A lawfully established building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter is nonconforming by dimension. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this chapter, as set forth in Section 14-8, is also nonconforming by dimension.

e. Substandard Lot of Record, Nonconforming By Dimension. A lawfully established lot that is not in compliance with the dimensional regulations of the Zoning Chapter, including, but not limited to, those regulations for minimum lot size, lot width and lot frontage, also known as a substandard lot of record, is also nonconforming by dimension.

(Ord. 6/23/94, Art. 2)

14-2.2 Most Restrictive Regulations To Apply.

A building, structure or parcel of land nonconforming by more than one (1) factor, such as by use, dimension, area or parking, shall comply with all applicable regulations of this section. Where the regulations conflict, the most restrictive regulations shall apply. (Ord. 6/23/94, Art. 2)

14-2.3 Existence.

By Variance or Special Use Permit. A nonconforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue of a variance or a special use permit (or a special exception) granted by the Board, shall not be considered a nonconformance for the purposes of this section, and shall not acquire the rights of this section. Rather, such building, structure, sign, parcel of land, or use thereof, shall be considered a use by variance or a use by special use permit and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this chapter, shall require a further variance or special use permit from the Board. (Ord. 6/23/94, Art. 2)

14-2.4 Building or Structure Nonconforming By Use.

a. Continuance of Use. Nothing in this chapter shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established.

b. Maintenance and Repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this section.

c. Moving. A building or structure containing a nonconforming use shall not be moved in whole or in part either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.

d. Addition and Enlargement. A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located, provided however that limited addition or enlargement may be granted by the Board as a special use pursuant to paragraph i. below.

e. Expansion. A nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused, provided however that limited expansion may be granted by the Board as a special use pursuant to paragraph i. below.

f. Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this section shall not prohibit the reconfiguration of lawfully established dwelling units within a building or structure so long as such reconfiguration complies with the requirements of paragraph e. above, provided however that limited intensification may be granted by the Board as a special use pursuant to paragraph i. below.

g. Change of Use. A lawful nonconforming use shall not be changed to another nonconforming use but may be changed to a use conforming to the provisions of this chapter, or to a use within the same use code as listed under Section 14-3. Once a lawful nonconforming use is changed to a conforming use, it may not be changed back to a nonconforming use.

h. Abandonment. If the lawful nonconforming use of any land, building, structure or sign is abandoned, it shall not be allowed to resume except in conformity with all applicable provisions of this chapter. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. For the purposes of this section, the intent to abandon a lawful nonconforming use shall be demonstrated by one (1) or more of the following actions:

1. Voluntary demolition of the building, structure or sign.

2. Failure to apply for or lapse of any permits, licenses or certifications required for continuation of the use or failure to appeal any denial of any such permit, license or certification within twelve (12) months of any such lapse or denial.

3. Removal of fixtures, equipment, machinery or inventory necessary for the continuation of the use from the site, building or structure.

An involuntary interruption of a nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is discontinued, which shall include a change in the use of the building, structure, site or sign to another use or failure to maintain the site, building, structure or sign in habitable, useable or safe condition or failure to protect said building, structure or sign from the natural elements, for a period of one (1) year or more, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

i. Special Use Permit for Addition, Enlargement, Expansion or Intensification. As a special use in compliance with the provisions of Section 14-9 of this chapter, the lawful nonconforming use of a building, structure, sign or land may be added to, enlarged, expanded or intensified provided that such addition, enlargement, expansion or intensification shall not exceed fifty (50) percent in excess of the existing floor area or land or intensity used for the nonconforming use at the time the use became lawfully nonconforming. Said increased use shall comply with all other dimensional and area requirements of this chapter. In granting such a special use permit, the Zoning Board of Review may place such restrictions on such increase as it may deem necessary to minimize its effect upon neighboring property and uses.

j. Destruction or Demolition. If a nonconforming use is damaged or destroyed by accident or act of God, it may be restored or repaired provided the use, total floor area or land area of use and the location on the site is not altered or increased. Such repair or restoration shall comply in all respects with all applicable codes, ordinances and other applicable regulatory systems.

(Ord. 6/23/94, Art. 2)

14-2.5 Building or Structure Nonconforming by Dimension.

a. Continuance. Nothing in this chapter shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established.

b. Maintenance and Repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.

c. Moving. A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot in which it is located unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.

d. Addition and Enlargement. A building or structure nonconforming by dimension may be added to or enlarged only if such addition or enlargement is not more than fifty (50) percent of the original building or structure, and only if such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located.

e. Expansion. A conforming use within a building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.

f. Demolition. If a building or structure nonconforming by dimension is involuntarily demolished, destroyed, or damaged; it may, by right, be repaired or rebuilt to the same size and dimension as previously existed. If a building or structure nonconforming by dimension is voluntarily demolished or destroyed, it shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which it is located. Provided however, that the Zoning Board may grant a special use permit to allow any such building or structure, whether voluntarily or involuntarily demolished, damaged or destroyed, to be reconstructed not in conformance with the dimensional regulations of the zone in which it is located, if the Board finds that:

1. In the case of voluntary demolition or destruction, the owner has applied to the Board prior to demolition, and demolition has not yet taken place; and

2. In either case, the new building or structure will not be more than fifty (50) percent larger than the existing building or structure; and

3. In either case, the nonconforming dimensional aspects of the new building or structure shall be of no greater impact on the surrounding neighborhood than those of the original building or structure.

g. Intensification. A conforming use within a building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for the zone in which it is located.

h. Change in Use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

(Ord. 6/23/94, Art. 2)

14-2.6 Land Nonconforming by Use.

a. Continuance. The lawfully established nonconforming use of land, where no building is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified either on the same or adjoining property.

b. Change of Use. The nonconforming use of land shall not be changed to a different use, unless such use conforms to the use regulations of the zone in which it is located.

(Ord. 6/23/94, Art. 2)

14-2.7 Land Nonconforming by Area.

a. Enlargement of Undersized Lots. Lawfully established lots which have less than the minimum area requirements, may be maintained and may be changed by adding additional land to such lots, if recorded with a proper plat plan and with the approval of the Planning Board where otherwise necessary, without prejudice to the rights of the owner of such resulting lots pursuant to the provisions of this section. Any lawfully established lots which have been merged by the owner and shown on the Assessor's Plats as one lot shall be deemed to be one lot and shall not be redivided, unless in conformance with the dimensional regulations of this chapter, and with the approval of the Planning Board.

b. Use of Substandard Lots of Record. A lawfully established lot that is nonconforming with the dimensional regulations of this chapter, also known as a substandard lot of record, may be used for any use permitted in the district provided that all other requirements of this chapter are met, except that the required side, front and rear yard depths and the maximum lot coverage for a substandard lot of record may be reduced to the following:

1. Side yard (each) - Shall be fifteen (15) percent of the lot width measured at the front yard depth but no less than ten (10) feet in depth for each side yard.

2. Front yard depth - Shall be fifteen (15) percent of the average depth of the lot but no less than thirty (30) feet in depth.

3. Rear yard depth - Shall be fifteen (15) percent of the average depth of the lot, but no less than fifteen (15) feet in depth.

4. Maximum lot coverage - Shall be ten (10) percent of the lot area by all structures; but may be expanded up to a total of seven hundred fifty (750) square feet of lot coverage, provided that the total habitable floor space therein shall not exceed seven hundred fifty (750) square feet.

(Ord. 6/23/94, Art. 2)

14-2.8 Buildings and Structure Nonconforming by Parking.

A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of Section 14-8.

a. Addition, Enlargement, Expansion and Intensification. A building or structure, or use of land, nonconforming by parking, may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of Section 14-8 for such addition, enlargement, expansion or intensification.

b. Change of Use. A building or structure nonconforming by parking, may be changed to a different use, pursuant to all other provisions of this chapter, provided that such new use meets the following parking requirements. The number of additional parking spaces required shall be the difference between the number of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires less parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total number of spaces required by this chapter for the new use are provided.

(Ord. 6/23/94, Art. 2)

14-3 Zoning District Requirements.

14-3.1 Compliance with Regulations.

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. In addition, Section 14-4 contains dimensional regulations and Section 14-5 contains supplementary regulations which apply to specific conditions, areas or uses.

a. Principal Use. Table 1-A - Table of Principal Use Regulations is designed to regulate principal land uses in two (2) zoning districts in the Town. A principal use is the main or primary use of the land or building.

b. Accessory Use. Table 1-B - Table of Accessory Use Regulations is designed to regulate accessory uses. An accessory use is any use of land or of a building (or portion thereof) that is customarily incidental to and subordinate to the principal use of the land or building. An accessory use shall be restricted to the same lot as the principal use and shall not be permitted without the principal use to which it is related. Home occupations (see subsection 14-5.6) are accessory uses.

c. Use Code. Each land use or use group is identified by a use code number and is a separate use. The use code is a classification system designed to limit and aid in the interpretation of the use regulations. Where a use is not specifically listed below, such use is not permitted unless the Building Official shall, (pursuant to Rhode Island General Laws § 45-24-54) upon written request, provide written information to the requesting party as to the determination that the use is included within the appropriate use code number within fifteen (15) calendar days of the written request. In the event that no response is provided within such time or if the requesting party disagrees with the response, the requesting party shall have the right to appeal to the Board for such determination.

d. Public Utilities and Public Services. The provisions of this chapter shall not be construed so as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of main line and conduits, including, but not limited to electric light and electric power transmission and distribution lines, telephone lines, cable television lines, water and sewer mains, natural gas pipes and incidental appurtenances and installations.

e. Use Regulations. Permitted uses are denoted with a "Y" for yes. Uses which are not permitted are denoted with an "N" for no. Uses permitted only upon approval of the Board are denoted with an "S" for special use permit. A special use permit shall only be approved in accordance with the provisions of this chapter. Any number of uses may be located on a lot provided each use is permitted and all other requirements of this chapter are met.

(Ord. 6/23/94, Art. 3)

TABLE 1-A - TABLE OF PRINCIPAL USE REGULATIONS

Click Here for Table 1-A

TABLE 1-B - TABLE OF ACCESSORY USE REGULATIONS

Click Here for Table 1-B

14-4 Dimensional Regulations.

14-4.1 Dimensional, Area and Density Requirements.

The following requirements shall apply to all structures, buildings and activities hereafter located in or initiated in all zoning districts and to any extension of an existing structure, building or activity.

TABLE OF DIMENSIONAL, AREA AND DENSITY REQUIREMENTS

Click Here for Table

14-5 Supplementary Regulations.

14-5.1 Manufactured Homes.

In order to maintain affordable housing in the Town, the placement of a manufactured home may be permitted in a Residence (R) District subject to the following requirements:

a. The manufactured home shall comply in all respects with applicable provisions of the Rhode Island State Building Code and all other applicable codes, ordinances and regulations.

b. The manufactured home shall be properly affixed to a permanent foundation and connected to a safe and adequate water supply and sewage disposal system, approved for the intended use by the Rhode Island Department of Environmental Management or other agency of jurisdiction. Wheels and all other running and towing gear shall be removed and the space beneath the structure shall be fully screened.

c. The lot upon which such manufactured home is to be located shall conform in all respects to the dimensional, area and density requirements for the district within which it is located or shall be an acceptable substandard lot as described in subsection 14-2.7b. of this chapter.

d. A building permit shall be required for the placement of any manufactured home, and the permit application shall be accompanied by a site plan showing the location of the manufactured home on the lot, access drive(s), accessory structures, the location of the water supply and sewage disposal system.

(Ord. 6/23/94, Art. 5)

14-5.2 Supplementary Dimensional Regulations.

The following dimensional regulations apply to all uses and lots, in addition to those regulations of Section 14-4 of this chapter.

a. Vision Clearance at Corners. In all districts, where abutting streets intersect at an angle of less than one hundred thirty-five (135) degrees, in the triangle formed by the extension of the front lot lines of a corner lot and a line joining points on such extended front lot lines thirty (30) feet from their point of intersection, such triangle shall be clear of all buildings, structures and vegetation between a height of two and one-half (2.5) and ten (10) feet above the plane through the grades of the intersecting streets. This shall not apply to structures, buildings or vegetation so located prior to the date of this amendment.

b. Front Yards on a Through or Corner Lot. At each street frontage of a through or corner lot, there shall be a front yard depth maintained as specified for the district in which such lot is located. At least one (1) of the front yards shall have at least one hundred seventy-five (175) feet of street frontage.

c. Fences and Walls. Fences and walls may be erected in a side or rear yard area to a height of no greater than six (6) feet. In front yard setbacks, the maximum height of any fence or wall shall be four (4) feet, subject to the vision clearance requirement for corner lots.

d. Dimensional Requirements for Single Household Residence in Business District. The minimum lot area coverage and dimensional requirements for a single household detached dwelling in the Business (B) District shall be the same as those required in the Residence (R) District.

e. Minimum Lot Area in Business District - Requirements. Notwithstanding the lack of a minimum lot area requirement for nonresidential uses in the Business (B) District, any lot or site proposed for development or for the extension of development shall be of sufficient area to accommodate the required off-street parking and loading area and shall have a safe and adequate water supply and sewage disposal system, approved for the intended use by the Rhode Island Department of Environmental Management or any other agency of jurisdiction.

f. Accessory Structures Prohibited in Yard Setbacks. No accessory building or structure shall be located in or extend into a required front, side or rear yard setback.

g. Screening of Trash Containers. All commercial and industrial uses, and residential uses of four (4) families or more, shall provide trash and/or garbage collection areas enclosed on at least three (3) sides by a solid wall, opaque fence or compact planting screen of at least five (5) feet in height, if such area is not within an enclosed building or structure. In order to provide adequate vehicular access to and from dumpsters, there shall be a minimum vehicular access of nine (9) feet in width between any such dumpster and any principal structure.

h. Screening of On Ground Utilities. Utility structures, substations, telephone exchange substations, dish antennas and similar uses shall be enclosed on at least three (3) sides by a vegetative screen of hardy evergreens or shrubs at least three (3) feet high at time of planting and which shall be sufficient to effectively provide a visual screen.

(Ord. 6/23/94, Art. 5; Ord. 5/6/99, § 2)

14-5.3 Authorized Departures from the Dimensional Requirements.

a. Projections. Projections of cornices, window sills, bay windows and other ornamental features may extend up to one (1) foot into any required yard area.

b. Structures Allowed Above the Height Limits.

1. Attached structures and appurtenances such as flagpoles, antennas, weather vanes, and the like, shall be allowed to exceed the maximum height permitted by up to ten (10) feet.

2. Unoccupied decorative areas of a building such as towers, cupolas, widows' walks, and the like, shall be allowed to exceed the maximum height permitted by up to five (5) feet.

3. Detached and freestanding structures and appurtenances, such as windmills and antennas, and the like, shall be allowed to exceed the maximum height permitted by up to (5) feet.

4. Reserved.

5. Flagpoles used for noncommercial purposes shall be allowed to exceed the maximum height permitted by up to twenty (20) feet.

(Ord. 6/23/94, Art. 5; Ord. 5/6/99, § 2)

14-5.4 Accessory Uses - Miscellaneous.

a. Private Garage or Shed. A private garage or shed may be used to store vehicles, boats, recreational vehicles or similar equipment owned by the occupant. Storage of tractor trailers is prohibited in the R Zone.

b. Storage of Vehicles. No recreational vehicle shall be used for residential occupancy. No recreational vehicle shall be stored unless owned by the occupant of the lot, nor stored for a period in excess of one (1) year unless it is in a condition for safe and effective performance of the function for which it is intended. No unregistered vehicles shall be stored in the required front yard setback. (See also Section 14-8a,5 and 6 for further restrictions.)

c. Swimming Pools. A residential swimming pool, including portable pools capable of maintaining a depth of thirty (30) inches of water, shall be classified as an accessory structure and shall provide the following:

1. A lockable enclosure not less than four (4) feet in height and locked when not in use or under supervision, surrounding the immediate pool area.

2. An apron between the enclosure and the edge of the pool not less than four (4) feet in width.

(Ord. 6/23/94, Art. 5)

14-5.5 Accessory Uses - Dwelling Units.

In order to maintain affordable housing in the Town, and provide for the protection of family living units, the following accessory dwelling units are allowed, subject to all of the requirements set forth herein.

a. Accessory Apartment. A maximum of one (1) accessory apartment shall be permitted on a lot in certain existing buildings, provided that all of the following requirements are met:

1. The lot or parcel of land shall have an absolute minimum area of three (3) acres. The provisions of Section 14-2 relating to substandard lots of record shall not apply to allow any new accessory apartment on a lot of less than three (3) acres.

2. The accessory apartment shall be located entirely within an owner-occupied principal residential structure which existed on December 10, 1987 and which contains no less than one thousand five hundred (1,500) square feet of gross floor area (GFA). The accessory apartment shall occupy no greater than forty (40) percent of the total GFA of the principal structure excluding the basement.

3. There shall be no exterior alteration of the principal structure except for the development of a separate entry and any required safety exits.

4. The accessory apartment shall be designed for year-round occupancy. The accessory apartment shall be provided with a safe and adequate water supply and an individual sewage disposal system approved by the Rhode Island Department of Environmental Management.

5. The existing principal residence and accessory apartment shall comply with all requirements of the Rhode Island State Building Code, the Rhode Island Housing Maintenance and Occupancy Code, all other Federal, State and local codes, ordinances and regulations and all other applicable provisions of this chapter.

6. All such accessory apartments shall require a building permit and certificate of occupancy, whether or not any construction is required.

b. Accessory Family Dwelling Unit. An accessory family dwelling unit shall be permitted as of right, provided that the following restrictions and limitations shall be required:

1. Lot Size.

(a) An accessory family dwelling unit is permitted in any residential structure on a lot containing two (2) acres or more.

(b) An accessory family dwelling unit is permitted in any residential structure on a lot containing less than two (2) acres but not less than one (1) acre provided that the Individual Sewage Disposal System (ISDS) on said lot has been approved by the Rhode Island Department of Environmental Management (RIDEM). ISDS approval shall not be required on a lot of less than two (2) acres if the existing septic system is not malfunctioning and in good working order, and the number of bedrooms is not increased.

2. ISDS System.

(a) The Building Official may require that the applicant submit evidence furnished by a qualified professional that there is no visible evidence of failure of the existing ISDS system if that system qualifies for use and is to be used by the accessory family dwelling unit.

(b) If the accessory family dwelling unit results in an increase in total number of bedrooms that will require a new or expanded ISDS system, the applicant must have the system approved by RIDEM.

3. Only one (1) accessory family dwelling unit is permitted on a lot.

4. The accessory family dwelling unit shall be located on a lot which has only one (1) principal residential structure. It shall be located either within the principal structure or within an accessory structure, both of which have been in existence a minimum of two (2) years prior to the establishment of the accessory family dwelling unit.

5. The size of any proposed accessory family dwelling unit shall be restricted to forty (40) percent of the gross floor area of the principal structure, but not less than four hundred (400) square feet. If the proposed accessory family dwelling is located in an accessory structure, such accessory structure shall contain a gross floor area of not less than four hundred (400) square feet at the time of the enactment of this amendment; i.e. the footprint of such structure may not be increased to accommodate a proposed accessory family dwelling unit. The proposed accessory family dwelling unit shall comply in all respects with the side, rear, and front yard requirements for a single family residence as set forth in this chapter.

6. The principal structure that contains an accessory family dwelling unit shall maintain the appearance of a single family residential dwelling. Separate means of ingress and egress, if used, shall only be located at the rear of the principal structure or along its side, with adequate screening.

7. Family members shall be limited to persons related by blood, marriage or other legal means.

8. Once the family member or members vacate the premises, the accessory family dwelling unit shall cease to exist, unless further application is made to qualify under this section.

9. An application/affidavit for an accessory family dwelling unit shall be filed annually with the Town Clerk and recorded in the Little Compton Land Evidence Records. A copy shall also be placed on file in the Office of the Building Official and the Office of the Assessors of Taxes.

(Ord. 6/23/94, Art. 5)

14-5.6 Accessory Uses - Customary Home Occupations.

In order to maintain the rural agricultural character of the Town, which is distinctly different from a rural residential character, and which rural agricultural character traditionally includes a variety of other occupational uses on the land in combination with and in addition to the agricultural use and the agricultural accessory uses, the following customary home occupation uses are allowed as accessory uses in the Residence (R) District, subject to the following conditions and regulations which shall apply to all customary home occupations:

a. There shall be a single household detached dwelling on the lot, and the operator of the customary home occupations shall occupy such dwelling unit as his or her primary and legal residence and domicile.

b. There shall not be more than one (1) such customary home occupation accessory use per lot allowed by right. Two (2) or more customary home occupations shall require approval of a special use permit by the Board pursuant to subsection 14-9.5 of this chapter.

c. There shall not be more than two (2) nonresident employees, associates or partners.

d. There shall be no sale of commodities other than either those principally created or repaired on the premises or related incidental retail sales.

e. There shall be a twenty-five (25) foot setback between any structure or accessory structure containing a home occupation, including any outdoor activity related to such home occupation, such as a driveway or parking of vehicles, and the nearest adjoining lot line.

f. Visible alteration of the premises and any exterior display shall maintain the residential character, and exterior signage shall conform with the requirements of Section 14-7 of this chapter.

g. There shall be off-street parking provided to meet the requirements of Section 14-8 of this chapter, both for the principal residential use and for the customary home occupation as a separate use.

h. All such customary home occupation accessory uses shall require a zoning certificate from the Building Official and, if any construction is required, a building permit.

i. The provisions of this section do not relieve the operator of the requirement to obtain any and all other licenses and permits that may be required by the Town, State or Federal Government for the operation of the use.

j. All customary home occupation accessory uses shall comply with subsection 14-5.11, General Performance Standards for All Uses.

k. All customary home occupation accessory uses shall comply with Chapter III, Section 3-1, Disturbing the Peace, of the Little Compton Code of Ordinances.

l. Requirements for Specific Classes of Home Occupation Accessory Uses.

Requirements for Specific Classes of Home Occupation Accessory Uses

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14-5.7 Requirements for Automobile Service Stations.

Automobile service stations shall be permitted as a special use permit subject to the requirements of Section 14-9 of this chapter, and only when all of the following requirements are also met:

a. Lot Requirements.

1. Minimum lot size shall be seventeen thousand (17,000) square feet.

2. Minimum lot depth shall be one hundred thirty (130) feet.

3. Minimum lot width and frontage shall be one hundred thirty (130) feet.

b. Requirements for Service Station Buildings.

1. Minimum setback from all street lines shall be forty (40) feet.

2. Minimum setback from all interior lot lines shall be twenty-five (25) feet.

c. Requirements for Curbcuts.

1. Minimum distance between curbcuts shall be twenty (20) feet.

2. Maximum width for any single curb cut shall be twenty-five (25) feet.

d. Requirements for Other Structures.

1. Minimum setback between pump islands, compressed air connections and similar equipment and any lot line shall be twenty-five (25) feet.

2. Minimum setback between the canopy and the street line shall be twelve (12) feet.

3. Minimum setback between any canopy and any interior lot line shall be twenty-five (25) feet.

e. Requirements for Underground Tanks.

1. Maximum storage capacity for petroleum products shall be forty-two thousand (42,000) gallons.

2. Minimum separation distance required between underground tanks, adjoining buildings and property lines shall be fifty (50) feet. Service station buildings are exempt from the separation distance requirement if there are no basements or pits that extend below the top of any tank within the separation distance.

f. Requirements for Repairing and Washing Vehicles. Repairing shall be limited to minor repair work, such as tire or tube repairing, battery charging, lubrication, engine tune-ups and similar type work, and must be conducted wholly within a building. Storage of all merchandise, auto parts and supplies shall be conducted wholly within a building. If washing of vehicles occurs inside or outside a building, the entire washing area shall be paved and all the water used in such washing shall be properly drained on-site in compliance with all Rhode Island Department of Environmental Management regulations, and with no run-off onto the public right-of-way. All outdoor activities shall be screened an adjoining R zone by a four (4) foot high compact evergreen screen or tight board fence.

(Ord. 6/23/94, Art. 5)

14-5.8 Water Bodies and Wetlands.

The following are minimum requirements mandated by this chapter. All other requirements of any other Town agency or commission, the State of Rhode Island, or of the United States of America shall also be met.

a. New Subdivisions: Setbacks from Water Bodies and Wetlands. For all lots created after the effective date of this subsection, no building, structure or septic system may be located within one hundred (100) feet of any freshwater or coastal wetland as defined by the Rhode Island Department of Environmental Management and/or the Coastal Resources Management Council. Administrative subdivisions shall be excluded from this provision. For the purposes of this section the term freshwater wetlands excludes from the definition, Areas Subject to Storm Flowage (ASSF) and the land area within fifty (50) feet of any freshwater wetland, defined by DEM as the perimeter wetland and commonly referred to as the wetland buffer zone. Boat sheds, piers, bathhouses, cabanas, fences and similar structures are exempt from these setback provisions.

b. Lots of Record: Administrative Approval. In order to minimize the impact to the wetland on lots of record existing as of the effective date of this subsection, no building, structure or septic system shall be installed within the 100-foot wetland buffer without first obtaining an administrative approval from the Building Official. The Building Official may issue an administrative approval, and where applicable a building permit, for a septic system, building or structure within the 100-foot wetland buffer, where due to site constraints and/or the configuration of the lot, the septic system, building or structure cannot meet the requirements of paragraph a. above. Prior to issuing the administrative approval or building permit, the Building Official must determine that the following standards have been met. Boat sheds, piers, bathhouses, cabanas, fences and similar structures are exempt from these setback provisions. All administrative approvals shall be posted at Town Hall for a period of ten (10) days.

1. Septic Systems.

(a) The septic system design has been approved by RIDEM and once in use, will not pose a threat to the public health and safety nor cause any degradation of ground or any surface water quality, including adverse effect due to cumulative impact.

(b) An enhanced onsite wastewater treatment system, approved by RIDEM, must be installed in order to remove either increased pathogens and/or nitrogen as determined on a case by case basis by the Building Official based upon the adjacent wetland resource.

(c) The type of septic system to be installed must be accepted by the Rhode Island Onsite Wastewater Training Center or RIDEM as capable of meeting the following performance standards:

(1) Denitrification. Minimum total nitrogen removal of fifty (50%) percent or a reduction to 19mg/l, and biochemical oxygen demand and total suspended solids each reduced to less than or equal to 30 mg/l; all as measured at the outlet of the treatment unit prior to discharge to a drain field.

(2) Pathogen. Reduces fecal coliform to less than or equal to 1,000 fecal coliform counts/100ml and reduces biochemical oxygen demand and total suspended solids to less than or equal to 10 mg/l as measured at the outlet of the treatment unit prior to discharge to a drain field.

(d) The septic system must be located as far from the water body, stream, river, shoreline, coastal/tidal wetlands and/or freshwater wetlands as is practical in the context of the lot. The RIDEM-verified wetland edge must be shown on the site plan.

(e) Where, due to site constraints and/or lot configuration, it is impossible to locate the septic system both one hundred (100) feet from a drinking water well and one hundred (100) feet from the wetland, the distance from the septic system to the well shall be maximized even if it means constructing the septic system closer to the wetland.

2. Buildings, Structures and ISDS.

(a) The applicant has provided an erosion and sediment control plan that also depicts the demarcation of the undisturbed wetland buffer.

(b) There shall be no net increase in off-site run-off.

(c) Where, due to site constraints and/or lot configuration, it is impossible to locate both the septic system and the house one hundred (100) feet from wetland, the distance from the wetland to the septic system shall be maximized.

c. Failed Systems. Persons with a failed ISDS as defined by RIDEM, within the 100-foot wetland buffer shall notify the Building Official prior to the repair or replacement of the system. System repairs that include replacement of the drainfield shall be subject to the following performance standards:

1. An enhanced onsite wastewater treatment system, approved by RIDEM, must be installed in order to remove either increased pathogens and/or nitrogen as determined on a case by case basis by the Building Official based upon the adjacent wetland resource.

2. The type of ISDS to be installed must be accepted by the Rhode Island Onsite Wastewater Training Center or RIDEM as capable of meeting the following treatment standards. Discharge to a shallow drainfield shall be required where technically feasible.

Denitrification. Minimum total nitrogen removal of fifty (50%) percent or a reduction to 19mg/l, and biochemical oxygen demand and total suspended solids each reduced to less than or equal to 30 mg/l; all as measured at the outlet of the treatment unit prior to discharge to a drain field.

Pathogen. Reduces fecal coliform to less than or equal to 1,000 fecal coliform counts/100ml and reduces biochemical oxygen demand and total suspended solids to less than or equal to 10 mg/l as measured at the outlet of the treatment unit prior to discharge to a drain field.

3. The owner is encouraged to locate the septic system as far away from the wetland as practical within the context of the lot.

d. ISDS Alterations and Upgrades. An ISDS alteration or upgrade within the 100-foot buffer, required because of improvements to the home and associated with a RIDEM System Suitability Determination, must comply with the performance standards in paragraph c. above. In addition the applicant must provide a soil and erosion control plan.

e. Technical Review and Assistance.

1. The contracted services of professionals with expertise in enhanced onsite wastewater treatment systems, soils, and site plan review shall be made available to the Building Official by the Town on an as needed basis.

2. A list and schematic drawings of treatment systems that meet the treatment standards of subsection 14-5.8b,1(c) of this subsection shall be kept on file in the Building Official's Office.

3. Guidelines for determining whether an enhanced nitrogen and/or enhanced pathogen removal system is required shall be kept on file in the Building Official's Office. In general, denitrification will be required only when the system is within the buffer of a coastal wetland.

f. Maintenance. All enhanced onsite wastewater treatment systems shall be regularly inspected and maintained. A maintenance contract shall be required on any system with mechanical components such as pumps, timers and alarms. The owner shall provide a copy of said contract and subsequent renewals to the Building Official.

g. Fees.

1. The applicant for an administrative determination, building permit or special use permit under this section shall be charged an administrative fee as listed in the schedule of fees, which shall be kept on file in the Building Official's Office.

2. In addition to the administrative fee the applicant shall bear additional costs that may be incurred by the Town in conjunction with its evaluation of the application.

h. New Subdivisions. The Zoning Board of Review may issue a special use permit allowing an exception to paragraph a. hereof for a new subdivision which results in the creation of no more than one (1) additional lot, with no potential for further subdivision, and otherwise in accordance with section 2.2.2(a) of the Little Compton Subdivision Regulations. In order for the Zoning Board of Review to grant a special use permit, the applicant must demonstrate that the proposal meets the standards of subsection 14-5.8b. and the general conditions for the granting of a special use permit as per subsection 14-9.5 of this chapter. The fact that the granting of a special use permit would result in less expense to the applicant in implementing a permitted use shall not be used by the Zoning Board of Review as a justification for granting the permit or by the Building Official in issuing a building permit or an administrative approval.

i. Freshwater Wetlands. No freshwater wetland or associated areas as defined by Title 2, Chapter 1 of the General Laws of Rhode Island, as amended, shall be excavated, drained, filled or otherwise disturbed. Nor shall any extraneous materials be placed into such wetland, or water flow diverted out of such wetland. Neither shall any other change or alteration be made to the natural condition of such wetland without a permit issued by the Rhode Island Department of Environmental Management under rules promulgated pursuant to said Title 2, Chapter 1.

j. Coastal Resources. In any coastal area subject to the jurisdiction of the Rhode Island Coastal Resource Management Council, no construction of any building or structure and no alteration by filling, excavation or alteration of the natural land forms will be permitted without the approval of said Council.

(Ord. 6/23/94, Art. 5; Ord. 6/21/01)

14-5.9 Construction or Development in Special Flood Hazard Areas.

a. Scope. The provisions of this subsection shall apply to any construction or other development which lies wholly or partly within Special Flood Hazard Area Zone A1 through A30 or V1 through V30 as identified on the Little Compton, Rhode Island Flood Insurance Rate Map (FIRM) dated February 15, 1985 or as may be amended from time to time, on file at the Office of the Town Clerk and the Office of the Little Compton Building Official. The uses permitted and the dimension and area requirements applicable to the respective zoning districts shall apply to said Zones A, A1 through A30 and V1 through V30 and the requirements set forth in this subsection shall be in addition to any other requirements of this or any other applicable regulation or ordinance.

b. Purpose. These regulations are designed to minimize hazard to persons and damage to property from inland and tidal flooding, to protect watercourses from encroachment and to maintain the capability of flood plains to retain and carry off flood waters. For the purpose of this subsection, other development shall be defined as any action which constitutes the use of land or structure and shall include, but not necessarily be limited to, the following:

1. Earth, gravel or mineral removal or extraction.

2. Alteration of the topography by cutting, filling or grading.

3. The storage of bulk materials outside of a structure.

4. Construction or placement of facilities whether or not requiring a building permit.

c. Regulations. In addition to applicable requirements of the Building Code, the Rules and Regulations Governing the Platting or Subdivision of Land and this Zoning Ordinance, the following requirements shall apply to any construction or other development as defined above, when located wholly or partly within Zones A1 through A30 or V1 through V30:

1. Except where authorized by a building permit issued under the authority of the Building Code, any proposed construction or other development shall require the issuance of a development permit by the Building Official. Such permit shall be in a form authorized by the Town Council.

2. Prior to issuance of a final development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by Federal or State law for construction or other development.

3. The applicant shall provide data showing the minimum and maximum elevation above mean sea level of the lot or site. In addition, the applicant shall show the elevation above mean sea level of the flood level which is estimated to occur at a frequency of one hundred (100) years from the Flood Insurance Rate Map (FIRM) on the permit application. If the FIRM does not provide such an elevation, the applicant shall show an estimate of this level.

4. No watercourse may be altered or relocated nor shall any other encroachment be permitted in a manner which will result in any decrease in the flood carrying capacity of the watercourse. Where any alteration or relocation is authorized, notification shall be made to adjacent communities, the Rhode Island Office of State Planning and the Federal Insurance Administration.

5. The filling of land may be permitted in Zone A, A1 through A30 or V1 through V30 only under the following conditions:

(a) Said filling shall not encroach upon a watercourse as prescribed in paragraph 4. above.

(b) Said filling shall not increase the potential flood level.

(c) Where it is determined that filling will raise the potential flood level, said filling shall be offset by the removal of the equivalent amount of material.

6. The following restrictions shall apply to Zone V1 through V30:

(a) Any man-made alteration of sand dunes which would increase potential flood damage is prohibited;

(b) The placement of manufactured homes, except in an existing manufactured home park or subdivision, is prohibited;

7. The following restrictions, except as noted, shall apply to all new, substantially improved or expanded manufactured home parks or subdivisions in Zones A1 through A30:

(a) Manufactured homes shall be elevated on a permanent foundation or stand so that the lowest floor is at or above the base flood elevation shown on the FIRM and shall be securely anchored as provided in the Rhode Island State Building Code. This restriction shall not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision (as defined in subsection 14-10.1b, 69) except where the repair, reconstruction or improvement of streets, utilities and stands equals or exceeds fifty (50) percent of the value of such improvements prior to the commencement of the repair, reconstruction or improvement.

(b) Adequate drainage and access shall be provided.

8. Adequate drainage shall be provided for any construction or other development so as to reduce the exposure of the lot or site or any other land areas to flood damage.

9. No outdoor storage of bulk materials or equipment shall be permitted in Zone A, A1 through A30 or V1 through V30 which is likely to cause damage to property, obstruction to flood waters, create a potential fire hazard or pollute the waters during flood periods. Such material or equipment shall include but not necessarily be limited to lumber and other buoyant materials, water-soluble materials, volatile or flammable materials, acids or poisons.

10. Provision shall be made for anchoring facilities, equipment and yard features which are capable of flotation or movement in flood waters. Such items shall include but not necessarily be limited to: fences, planters, sheds, animal shelters, tanks, storage boxes, vehicles, boats and other items normally positioned or stored on a lot outside of a structure.

d. Variance. Where strict application of the requirements of this subsection would create an undue hardship, the Zoning Board of Review, in accordance with the procedures outlined in Section 14-9 of this chapter, may grant a variance from the application of the provisions of this subsection. In granting such a variance, in addition to such provisions, the Board of Review shall grant the least variance required to reduce said hardship and, further, shall:

1. Make a written decision containing findings that strict compliance with said provision(s) would result in undue hardship which is confiscatory in extent and would prevent all beneficial use of the land or structure.

2. Describe in its written decision the exact extent of the variance granted.

3. Indicate in its written decision that the grant of said variance may affect the flood insurance rates as they apply to the subject property.

4. Forward a copy of its written decision to the applicant, the Building Official and the Statewide Planning Program of the State of Rhode Island.

(Ord. 6/23/94, Art. 5; Ord. 5/6/99, § 4)

14-5.10 Availability of Water Supply.

No building permit, other than a foundation permit, shall be issued for the construction of a building which would necessitate the use of water therein, unless a well providing a safe and adequate supply of water is legally existent, either on the subject lot or on a neighboring lot if such well meets all local and State requirements. Satisfactory proof of the right to use the well shall be furnished. (Ord. 6/23/94, Art. 5)

14-5.11 General Performance Standards For All Uses.

a. General Requirements. The Building Official in issuing a permit or the Zoning Board of Review in granting a special use permit for the development or extension of any use may, if appropriate, require the submission of affidavits or other evidence that the applicant will observe the standards of performance set forth in this section. All uses of land are required to comply with these standards and any noncompliance with said standards will be considered a violation of this chapter. The Building Official is hereby authorized to have measurements made of any characteristic covered in these standards to determine compliance with said standards.

b. Noise. No use shall emit noise which exceeds the requirements of that part of Chapter III, entitled Excessive Noise Prohibited, of the Code of Ordinances of the Town of Little Compton.

c. Air Pollution. Smoke and other airborne emissions of all uses shall conform to the standards of the "Air Pollution Control Regulations" of the Rhode Island Department of Environmental Management, issued under the authority of Title 23, Chapter 25 of the General Laws of Rhode Island, as amended. Said regulations are hereby incorporated as part of this chapter.

d. Radiation Emission. No use shall cause the emission of radiation which exceeds the safe limits established in the rules and regulations of the United States Nuclear Regulatory Commission or any other agency of competent jurisdiction. These limits shall apply to emissions from radioactive materials and wastes, electromagnetic radiation, x-ray radiation, microwave radiation and other forms of radiation which present a potential hazard to the health of employees or residents within or abutting the use.

e. Heat and Glare. No use shall generate heat and/or glare, other than that associated with illumination, which can be recorded at the property line of the use. Any exterior illumination of any building, structure or site shall be oriented so that it reflects light away from any public highway or adjacent property.

f. Vibration. No use shall generate vibration which is discernable to the human sense of feeling at the property line of the use or activity for a cumulative total of three (3) minutes or more duration in any hour between 7:00 a.m. and 7:00 p.m. or for a cumulative total of thirty (30) seconds or more in any hour between 7:00 p.m. and 7:00 am.

g. Sewage and Liquid Waste Disposal. No discharge of sewage or other liquid waste shall be permitted into any stream, wetland or other water body. The Building Official or the Zoning Board of Review, where appropriate, will require certification from the Rhode Island Department of Environmental Management that the design of any disposal system will provide for the proper, safe and sanitary disposal of any sewage or other liquid waste. The Building Official or Zoning Board of Review, upon the advice of said department, may require the pretreatment of liquid waste prior to discharge into the disposal system or may require that such liquid waste be transported to an approved treatment or disposal facility in a manner complying with all applicable State and Federal requirements.

h. Water Supply. The approval of the development or extension of any use of land will be conditioned upon the submission of evidence of the availability of a safe and adequate water supply sufficient to meet the sanitary and processing needs of the intended use or extension. (See also subsection 14-5.10.)

i. Solid Waste. The Building Official or the Zoning Board of Review, where appropriate, may condition the development or extension of any use of land upon the submission of evidence that any solid waste generated by such use of land will be stored and disposed of in a manner complying with all Town, State and Federal requirements. Under no conditions will the storage or disposal of hazardous waste be authorized or permitted by any use in the Town of Little Compton.

(Ord. 6/23/94, Art. 5; Ord. 5/6/99, § 5)

14-5.12 Wireless Communications Facilities (WCF)

a. Purpose and Goals. The purpose of this section to minimize the visual and environmental impacts of wireless communications facilities (WCFs), by enabling the review and approval of WCFs in keeping with this Zoning Ordinance and existing patterns of development in Little Compton, including the size and spacing of structures and open spaces. The regulation of WCFs is consistent with the purposes of the Little Compton Comprehensive Community Plan to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; the preservation of coastal resources; protection of the natural resources of Little Compton; balanced economic growth; the provision of adequate capital facilities; the coordination of the provision of adequate capital facilities; and the preservation of historical and cultural values.

b. Definitions.

1. Antenna array shall mean one (1) or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure defined below.

2. Attached wireless communication facility (attached WCF) shall mean an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

3. Co-location/site sharing shall mean use of a common WCF or common site by two (2) or more wireless license holders or by one (1) wireless license holder for more than one (1) type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

4. Equipment facility shall mean any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

5. Height, when referring to a WCF, shall mean the distance measured from grade to the highest point on the WCF, including the antenna array (see also Section 14-10b, 51 of this chapter).

6. Setback shall mean the required distance from the property line of the lot on which the WCF is located to the support structure (see also Section 14-10b, 90 of this chapter).

7. Support structure shall mean a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device (attachment device) which is used to attach an attached WCF to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.

8. Temporary wireless communication facility (temporary WCF) shall mean a WCF to be placed in use for ninety (90) or fewer days.

9. Wireless communications shall mean any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed.

10. Wireless communication facility (WCF) shall mean any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.

c. Applicability. No WCF shall be erected, constructed, altered or maintained on any lot within the Town after May 6, 1999, without complying with the terms of this section. Nothing herein shall be deemed to prohibit or regulate any public antenna or WCF used in the exercise of a governmental function, or any amateur radio facility that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas. Pre-existing WCFs for which a permit has been issued prior to the effective date of this section shall not be required to meet the requirements herein. This section shall supersede all conflicting requirements of other codes and ordinances regarding the locating and permitting of WCFs.

d. Use-General. WCFs are permitted in all zones, subject to the following limitations, prohibitions and conditions:

1. Attached WCFs and equipment facilities that are proposed to be attached and located within an existing building are permitted by right and may apply to the Building Official, subject to application requirements provided herein.

2. WCFs requiring one (1) or more new support structures or any equipment facility requiring a new structure or any temporary WCF shall be subject to a special use permit, as provided in Article 9 generally, and specifically in subsection 14-9.5 of this Ordinance.

3. All WCFs, support structures and equipment facilities are further subject to the use limitations, application requirements, submission documentation, dimensional standards, and performance standards as provided in this section.

e. Use Limitations.

1. Prohibited in certain locations. WCFs are prohibited on any lot west of West Main Road, south to and including both sides of Sakonnet Point Road; both sides of Warren's Point Road, and easterly to Briggs Marsh, and from there, any lot located within one-half (1/2) mile of the south shoreline extending easterly to the Little Compton Town line.

2. Commons. WCFs are prohibited on any lot located within a one thousand five hundred (1,500) foot radius measured from a point at the western tip of Pike's Peak.

f. Application Requirements. An application for a permit to construct, install or erect a WCF (temporary or otherwise), or to install, mount or erect an attached WCF, shall be subject to a building permit, an electrical permit, payment of all permit and inspection fees to the Town of Little Compton, posting of a bond to support the removal of a WCF upon abandonment (in accordance with paragraph k. below) and proof of ownership of the land upon which the WCF is proposed to be constructed, installed, erected, mounted or attached or a copy of an appropriate easement, lease, or rental agreement.

g. Submission Documentation - Attached WCFs. Each applicant requesting a permit for an attached WCF or an equipment facility within an existing structure (with no new structure proposed) shall submit to the Building Official a report prepared by a professional radio frequency engineer, with the following information:

1. A description of the WCF and the technical, economic and other reasons for its design;

2. A description of the capacity of the WCF including the number and type of transmitters and receivers that it can accommodate and the basis for the calculation of capacity;

3. Demonstration that the WCF proposal complies with this section; and,

4. Any other information required by the Building Official to determine compliance with the State Building Code, the Zoning Ordinance and other applicable local, State and Federal laws.

h. Submission Documentation - Unattached WCFs. Each applicant requesting a special use permit for WCFs requiring one (1) or more new support structure(s) or a new equipment facility and any temporary WCF shall submit, in addition to the documentation described in paragraph g. above, a site plan prepared by a Professional Engineer (PE) registered in the State of Rhode Island, which shall include a scaled plan at one (1) inch equals forty (40) feet or larger, with existing and proposed topography at two (2) foot contour intervals (limited to areas of proposed disturbance) and a scaled elevation with other supporting drawings, calculations and other relevant documentation to the Zoning Board of Review, that shows the following:

1. The location and dimensions (including height) of the WCFs support structure and equipment facility;

2. Accessory building(s) for switching equipment;

3. Fencing, landscaping and screening;

4. Access and parking;

5. Lighting;

6. Areas to be cleared of vegetation and trees;

7. Site boundaries;

8. Description of adjacent land uses; and,

9. All other improvements associated therewith, including information concerning support structure specifications, antenna locations and equipment facilities.

The Board may require additional information relevant to its consideration of whether the application meets the dimensional and performance standards provided herein. Following Board approval, the applicant may file for a building permit as described in paragraph g. above.

i. Dimensional Standards. All WCFs and equipment facilities shall comply with the following dimensional requirements;

1. Maximum height of any WCF shall not be greater than one hundred fifty (150) feet.

2. WCFs shall be setback from all property lines a minimum of one (1) foot for each one (1) foot of support structure height, with a minimum setback from all property lines of twenty-five (25) feet.

3. All WCF supports and peripheral anchors shall be located entirely within the boundaries of the development site.

4. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening area, as required by the Zoning Ordinance.

5. All supports and anchors shall have at a minimum a ten (10) foot horizontal setback from any overhead utility line.

6. Attached WCFs shall be permitted as an accessory use to any commercial, industrial, office, institutional, multifamily or public utility structure provided that:

(a) The antenna array is not higher than twenty (20') feet above the highest point of the structure;

(b) The antenna array complies with applicable FCC and FAA regulations; and,

7. WCFs shall not be allowed within one (1) mile distance from any existing WCF and/or WCF that have received a valid building permit.

j. Performance Standards. All WCFs and equipment facilities shall comply with the following performance requirements, which shall be the basis upon which the Building Official and Zoning Board make their respective findings of fact in either approving or denying the application for a WCF.

l. For any unattached WCF, the applicant shall demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna array, with the following evidence submitted to demonstrate the case:

(a) Written proof that owners of existing towers or structures within service area of the proposed WCF location or within a one (1) mile radius of the proposed WCF, which ever is greater, have been contacted and that permission was sought to install a device on those structures, and that permission was denied or a reasonable agreement could not be reached.

(b) No existing towers or structures are located within the service area of the proposed WCF location or within a one (1) mile radius of the proposed WCF, whichever is greater.

(d) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna array and related equipment.

(e) The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing exceed the costs of construction of a new WCF and support structure.

2. Every WCF approved under this section shall be subject to the condition that the WCF owner must allow co-location/site sharing, as defined herein. The application shall contain a statement that the site will physically support co-location/site sharing, and that any new applicant willing to sign a commercially reasonable lease, shall be allowed to co-locate at that site.

3. The required report from the radio frequency engineer shall contain a statement justifying the height of the proposed WCF.

4. Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed WCF shall be identified. Such Town-owned sites shall be given preference over other sites in locating an unattached WCF. If the applicant chooses a site other than a Town-owned site, the applicant shall provide written proof that a Town-owned site is either unavailable or unsuitable for the WCF.

5. All WCFs shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. WCF Equipment Facilities shall be completely screened from all adjacent properties and streets, and appropriately camouflaged, if required. Plantings shall be of such a height and density to ensure complete screening. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within thirty (30) days.

6. Notwithstanding any other provisions in this subsection, WCFs shall be enclosed by a fence no less than eight (8) feet in height or more than ten (10) feet in height from finished grade. Any portion of the fence, located within two hundred (200) feet of a street or an abutting residence, shall be tightly screened from view by evergreen trees, shrubs or other suitable plant material. Access shall be through a locked gate.

7. WCFs shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town.

8. No signs shall be allowed on any WCF except as required for public safety purposes, by the Federal Communications Commission (FCC) or by the Town, or by the property owner.

9. There shall be no symbols, flags, banners or other devices or things attached to or painted or inscribed upon any WCF.

k. Abandonment and Removal of WCFs. All WCFs which have not been used for their intended purpose for a period of one (1) year or more shall be considered abandoned and shall be dismantled, removed and the site restored to a condition consistent with the character of the surrounding area, at the owner's expense. The property owner shall remove, or cause to be removed, the WCF within ninety (90) days of receipt of notice from the Building Official. The applicant shall post a bond or cash security with the Town sufficient to cover the cost of removal and restoration of the site prior to the issuance of a building permit for the WCF. The amount of said bond or security shall be estimated by the Building Official. If such WCF is not removed within ninety (90) days of receipt of notice, the Town may take the necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.

(Ord. 5/6/99, § 7)

14-6 Planned Developments and Overlay Zones.

(RESERVED FOR FUTURE USE)

14-7 Signs.

14-7.1 Signs Permitted in the Residence (R) District.

a. A name plate or identification sign, not exceeding one and one-half (1 1/2) square feet in area, indicating the name of the occupant or identifying a permitted home occupation or residential professional office. Such a sign shall be illuminated only by continuous, white, indirect light with no animation or movement and shall be located on the site of the use to which it is attached.

b. A temporary unlighted sign not exceeding twelve (12) square feet in area nor exceeding eight (8) feet in height, pertaining to the prospective sale or lease of the premises upon which it is located. This may also include a temporary political or voting sign. Such a temporary sign shall be limited to six (6) months duration.

c. A sign or announcement board, not exceeding twelve (12) square feet in area nor exceeding eight (8) feet in height, pertaining to a permitted religious, institutional or government use or to a lawful nonconforming use. Such sign shall be located on the site of the principal use and may be lighted only by continuous, white indirect light with no movement or animation.

d. Regulatory signs not exceeding one and one-half (1.5) square feet in area indicating restrictions on or prohibitions on the use of public or private property.

e. Signs required in connection with uses permitted as special use permits shall be considered as special use permits, subject to authorization by the Zoning Board of Review.

f. All signs, except regulatory signs, shall be located at least fifteen (15) feet from any side or rear lot line except where such sign is located on the wall of a building or structure. No sign shall extend over or onto a public right-of-way and any illumination shall be oriented so as to direct glare away from neighboring property and highways.

g. Billboards or other outdoor advertising devices, not related to a use or activity on the premises, are prohibited.

(Ord. 6/23/94, Art. 7)

14-7.2 Signs Permitted in the Business (B) Districts.

a. Signs permitted in the R District as listed in subsection 14-7.1, a. through d.

b. One (1) sign in connection with a permitted or lawful nonconforming use, provided that such sign shall pertain to and be located on the site of the principal use. Such signs shall be no greater than twelve (12) square feet in area and shall be located no closer than thirty (30) feet to any R District. Such signs shall project no more than five (5) feet above the main cornice line of the structure to which they pertain. Signs shall be located no closer than five (5) feet to a front lot line except where they are attached to a structure housing the principal use. In such cases, no part of any sign shall project over a public right-of-way and no portion of any projecting sign shall be less than ten (10) feet above the grade of the land below. Signs shall be illuminated only by continuous, white, indirect lighting with no animation or movement.

c. Signs in connection with a use permitted as a special use permit shall be considered as special use permit, subject to action by the Zoning Board of Review.

d. No sign shall exceed twelve (12) square feet in area except where the Zoning Board of Review grants a dimensional variance to exceed such limit.

e. Billboards or other outdoor advertising devices, not related to a use or activity on the premises, are prohibited.

(Ord. 6/23/94, Art. 7)

14-7.3 Portable or Mobile Signs.

Portable or mobile signs designed for movement to a site by truck or hauled to a site on its own running gear and not permanently installed at the site are prohibited in all zoning districts. (Ord. 6/23/94, Art. 7)

14-8 Off-Street Parking and Loading Requirements.

14-8.1 Off-Street Parking Required.

Any building, structure or use initiated or enlarged after the effective date of this chapter shall, at the time of such initiation or enlargement, provide off-street parking spaces in accordance with the following requirements: (See subsection 14-2.8).

a. Requirements for Specific Classes of Use.

(a) Dwellings	Two (2) spaces for each dwelling unit
(b) Hotels, motels and lodging houses	Two (2) spaces for each unit or room to be rented
(c) Office uses	One (1) space for each two hundred fifty (250) square feet of gross floor area
(d) Retail and service business	One (1) space for each three hundred (300) square feet of gross floor area
(e) Restaurants, theatres and other places of public assembly	One (1) space for each three (3) seats or one (1) space for each three hundred (300) square feet of gross floor area, whichever is greater
(f) Manufacturing and wholesale	One (1) space for each two (2) employees on the largest shift
(g) Place of worship	One (1) space for each three (3) seats plus one per room
(h) School or library	One (1) space per each five hundred (500) square feet of gross floor area
(i) Government building including police and fire station	One (1) space per each five hundred (500) square feet of gross floor area.
(j) Outdoor recreation facility	One (1) per five (5) persons that the facility is designed to accommodate at full capacity.
(k) Other uses	Same as for office uses.

b. Site Improvements for Off-Street Parking Facilities.

1. For parking facilities requiring ten (10) or more spaces, the parking area shall have a dust-free bituminous surface and shall be provided with wheel stops if abutting a street or body of water.

2. For parking facilities requiring less than ten (10) spaces, the parking area may use previous material, such as gravel or crushed stone.

3. Where a parking facility lies within or adjoins an R District, an opaque fence or a double-row compact evergreen screen not less than four (4) feet in height shall be erected or planted and maintained between the parking facility and an adjoining R District.

4. Fixtures used to illuminate any such parking facility shall be oriented to reflect light away from adjoining properties and streets.

5. Any parking areas with ten (10) or more spaces shall be landscaped with one (1) tree per five (5) spaces with vegetation or ground cover at the street frontage.

c. Off-Street Parking Facility Location. All parking facilities provided under this subsection shall be developed on the same lot as the principal use or on an abutting lot. Shared accessory parking for more than one (1) principal use or parking on noncontiguous lots may be permitted by special use permit by the Board.

d. Plans and Specifications for Off-Street Parking Facilities. Plans and specifications for any required parking facility and its access drives shall be submitted to the Building Official for determination for compliance with this chapter at the time of application for the permit for the principal use. Each parking space shall contain the following minimum dimensions affecting the width and length of individual parking stalls and the width of aisles in all districts, exclusive of necessary drives and other access ways. A driveway may be considered a required parking space only for a single-family dwelling.

Minimum width		8-1/2 feet
Minimum length		18 feet
Minimum aisle width	90° angle	24 feet
	60° angle	18 feet
	45° angle	13 feet*
	30° angle	11 feet*
	0° or parallel parking, minimum length 23 feet	12 feet*

*The minimum aisle, or line, width for two-way traffic shall be eighteen (18') feet.

Angle parking of less than 90° must be able to exit in the entering direction. When an exit lane or aisle is not accessible, there shall be a turnaround beyond the last parking space having a minimum outside radius of twenty-seven (27) feet.

e. Parking or Storage of Commercial Vehicles in R Districts. Except for the storage of farm vehicles and the intermittent parking of commercial vehicles providing emergency service to residential occupants, the parking or storage of commercial vehicles of over one and one half (1 1/2) tons capacity shall not be permitted in an R District except in connection with a permitted or lawful customary home occupation or nonconforming use.

f. Parking or Storage of Recreation Vehicles in R Districts. The parking or storage of recreation vehicles owned by an occupant, including travel trailers, pickup truck campers, tent trailers, motor homes, boats and boat trailers; shall be governed by the following requirements:

1. No such recreation vehicle, while parked or stored in an R District, shall be used for permanent living or housekeeping purposes.

2. No such recreation vehicle shall be stored in a required front yard area nor closer than ten (10) feet to a side or rear lot line.

3. No such recreation vehicle shall be stored outdoors unless in condition for its intended function or can be brought to functional condition within a six (6) month period.

(Ord. 6/23/94, Art. 8; Ord. 5/6/99 § 6)

14-8.2 Off-Street Loading Space Required.

No land shall be used and no structure shall be erected or used for any nonresidential purpose which requires provision for the loading and unloading of goods or equipment unless off-street loading space is provided.

a. Off-Street Loading Specification.

1. For each nonresidential use or structure under one thousand (1,000) square feet of gross floor area or ground area in which commodities are stored, sold, displayed, repaired, serviced, fabricated or altered as the principal use of the land or buildings; one (1) off-street loading space shall be provided.

2. For each such use of over one thousand (1,000) square feet of gross floor area or more; one (1) off-street loading space for the first one thousand (1,000) square feet of gross floor area and an additional off-street loading space for each ten thousand (10,000) square feet of gross floor area shall be provided.

3. Each off-street loading space shall consist of the following dimensions:

	Length	60 feet
	Width	14 feet
	Clearance	15 feet

b. Location of Off-Street Loading Space. Required off-street loading space shall be on the lot of the principal use or on a contiguous lot and shall be designed to prevent intrusion of loading or unloading vehicles into any street or sidewalk during loading or unloading. In no case shall any of the required off-street loading space be part of the area used to fulfill the off-street parking requirement associated with the intended use of the land or structure.

(Ord. 6/23/94, Art. 8)

14-9 Administration, Enforcement, and Relief.

14-9.1 Enforcement.

a. Building Official. It shall be the duty of the Building Official to interpret and enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the State and in the Charter and Ordinances of the Town. The Building Official shall refer all applications for variances, special use permits and other appeals to the Zoning Board of Review. The Building Official shall make a determination in writing, within fifteen (15) days, to any written complaint received, regarding a violation of this chapter. In order to provide guidance or clarification, the Building Official shall, upon written request, issue a zoning certificate or provide information to the requesting party within fifteen (15) days of the written request. Any determination of the Building Official may be appealed to the Board in accordance with subsection 14-9.7 of this chapter.

b. Permit.

1. No land shall be used and no building, structure or sign shall be erected, modified, enlarged or placed into use until all necessary permits have been issued by the Building Official. This requirement shall not apply to uses lawfully existing at the time of adoption of this amendment but shall apply to any new or expanded use of land or structure initiated subsequent to the effective date of this amendment. No permit may be issued for any action or use not in conformity with the provisions of this chapter, except where the Building Official is notified by the Zoning Board of Review of the granting of a special exception or variance.

2. Application for a permit shall be made to the Building Official on forms available for that purpose. If such application is disapproved, all copies shall be so endorsed and one (l) copy returned to the applicant stating the reasons for disapproval.

3. A permit shall be valid for the duration of the use which was the subject of the original issuance and shall expire upon termination of that use. Where a permit authorizes the construction of a building, structure, sign or other improvement; said construction shall be initiated within one (1) year and shall be diligently prosecuted until completion. Where said construction is not initiated within one (1) year, the permit shall expire and a new application shall be submitted.

c. Vested Rights.

1. Any application for development under this chapter, including an application for a building permit, special use permit, variance, or planned development, shall be deemed substantially complete when all required documents, including plans, together with required fees, are received by the official designated herein to receive such applications. Required documents shall include only those documents specified either by this chapter or by rules adopted and published by the permitting authority prior to the time the application is filed.

2. Any application for development under this chapter that has been granted, or that is substantially complete, prior to the enactment or amendment of this chapter, shall be reviewed according to the regulations applicable in the Zoning Chapter in force at the time the application was submitted. If such application has been granted, or is subsequently approved, the applicant must begin construction, or exercise the right granted in the application if no construction is involved, not more than one (1) year after the date of such approval. All construction must be completed not more than two (2) years after the date of such approval, unless specifically set forth to the contrary in the original approval.

d. Other Codes, Ordinances, Regulations and Rules. The requirements of this chapter shall not relieve the applicant of the responsibility of obtaining such permits or approvals as may be required under applicable provisions of other codes, ordinances, regulations or rules of any unit of local, State or Federal government. Where such codes, ordinances, regulations or rules require approval as a prerequisite to the issuance of a permit, evidence of such approval shall be submitted at the time of application for the permit.

e. Minimum Requirements. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, convenience or the general welfare.

f. Conflicts of Law. All departments, officials and public employees of the Town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license, issued in conflict with the provisions of this chapter, shall be null and void.

g. Special Use Permit For Detrimental Reliance. Notwithstanding paragraph f. above, upon application, the Zoning Board shall have the authority to grant a special use permit to allow a building or structure, but not a use, that is in conflict with the provisions of this chapter, where the Board finds, in addition to the findings required in subsection 14-9.5:

1. That an error was made by a Town official that directly caused the owner to rely on such error to the owner's detriment; and

2. That the owner exercised due diligence and did not mislead the Town official or otherwise contribute to the error; and

3. That the doctrines of "laches" and "clean hands" do not bar the owner from receiving such relief; and

4. That the interests of equity and fairness require such relief to be granted.

h. Penalties. Any person or corporation, whether as principal, agent, employee or otherwise, who violates or is the owner of property in violation of any of the provisions of this chapter shall be fined up to five hundred ($500.00) dollars for each offense, such fine to inure to the Town. Each day of the existence of any violation shall be deemed a separate offense. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure and the use of any land or building or structure which is continued, operated or maintained, contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The Building Official shall be empowered to levy such fines, with appeal thereupon to the District Court. The Town Council, through the Town Solicitor, shall also be empowered to institute an injunction, abatement or any other appropriate action in any appropriate court to prevent, enjoin, abate or remove such violation, or compel compliance with the provisions of this chapter. The Town Solicitor may consolidate an action for injunctive relief and/or fines under this chapter in the Superior Court for Newport County. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. 6/23/94, Art. 9)

14-9.2 Zoning Board of Review.

a. Establishment and Procedures. A Zoning Board of Review, herein called the Board, is hereby created. The Board, with the approval of the Town Council, may engage technical assistance to aid in the discharge of its duties. The Secretary of the Zoning Board (the "Secretary") shall serve as staff to the Board. The Town Solicitor or Assistant Town Solicitor shall serve as legal counsel to the Board. The Board shall establish written rules of procedure within six (6) months of the adoption of this chapter. Appeals and correspondence to the Board shall be sent to the Board in care of the Secretary. The Secretary shall file all records and decisions of the Board.

b. Membership. The Zoning Board of Review shall consist of five (5) members who are residents of the Town, appointed by the Town Council, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. The Zoning Board of Review for the Town of Little Compton shall also include three (3) alternates to be designated as the first (1st), second (2nd), and third (3rd) alternate members for terms of five (5) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission. Vacancies in unexpired terms of Board members shall be filled by the Town Council no more than ninety (90) days following the vacancy. Members may be removed by the Town Council for due cause and for not attending three (3) consecutive meetings.

All members and alternate members of the Board shall be voters of the Town of Little Compton and no member or alternate member shall be an elected official or salaried employee of the Town. If any vacancy occurs in the membership or alternate membership of the Board, the Town Council shall fill said vacancy for the remainder of the unexpired term.

c. Prior Members. Members of the Board serving on the effective date of adoption of this chapter shall be exempt from provisions of this section respecting terms of originally appointed members until the expiration of their current terms.

d. Organization. The Board shall organize annually by electing, from its membership, a Chairperson and a Vice-chairperson. The Board may engage the services of a secretary using funds available for that purpose or may elect a secretary from its membership.

e. Rules and Meetings. The Board shall adopt such rules of procedure as it may deem necessary to perform the duties assigned to it. Meetings shall be held at the call of the Chairperson, or if absent, the Vice-chairperson; or at such times as the Board may determine. The Chairperson, or if absent, the Vice-chairperson may administer oaths and compel the attendance of witnesses and the submission of data pertinent to the subject of the meeting.

(Ord. 6/23/94, Art. 9; Ord. 8/22/96; Ord. 2/24/00)

14-9.3 Powers and Duties.

The Zoning Board of Review shall have the powers and duties described as follows:

a. To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement of interpretation of this chapter.

b. To authorize upon application, in specific cases of hardship, variances in the application of the terms of this chapter.

c. To authorize upon application, where specified in this chapter, special use permits.

d. To refer matters to the Planning Board and/or to other boards or agencies of the Town as the Board may deem appropriate, for findings and recommendations.

e. To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one (1) or more State or Federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked, upon motion of the Board, after a public hearing with due notice, in the instance where any necessary State or Federal agency approvals are not received within a specified time period.

f. To hear and decide such other matters, according to the terms of this chapter or other statutes, and upon which the Board may be authorized to pass under this chapter or other statutes.

(Ord. 6/23/94, Art. 9)

14-9.4 Voting.

The Board shall be required to vote as follows:

a. Five (5) active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. Only five (5) active members shall be entitled to vote on any issue.

b. The concurring vote of three (3) of the five (5) members of the Board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of any Zoning Administrative Officer from whom an appeal was taken.

c. The concurring vote of four (4) of the five (5) members of the Board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the Board upon which it is required to pass under this chapter, including variances and special use permits.

(Ord. 6/23/94, Art. 9)

14-9.5 Special Use Permit.

a. Findings. In granting a special use permit, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

1. That the special use is specifically authorized by this chapter, and setting forth the exact subsection of this chapter containing the jurisdictional authorization;

2. That the special use meets all of the criteria set forth in the subsection of this chapter authorizing such special use; and

3. That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan of the Town.

4. That the special use will not create a nuisance or hazard in the neighborhood.

b. Special Conditions. In granting a special use permit, or in making any determination upon which it is required to pass after public hearing under this chapter, the Board may apply such special conditions that may, in the opinion of the Board, be required to promote the intent and purposes of the Comprehensive Plan of the Town and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and 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.

7. Requirements for additional setback from lot lines and for landscaping and screening from adjacent properties and elements of the street system.

8. Limitations on storage and other accessory activities on the site, both within and outside of a structure, including limitations on the proportion of total floor area and land area for any activity permitted by the grant of the special exception.

9. Limitations on access and parking design to avoid potential traffic and safety problems.

10. The establishment of time limits or working hours on activities to be carried out on the site.

11. Limitations on external displays, signs or other visible aspects of the special exception activity.

12. Limitations and time limits on access to the site by service, supply and delivery vehicles.

(Ord. 6/23/94, Art. 9)

14-9.6 Variance.

a. General Findings. In granting a variance, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

1. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and not due to a physical or economic disability of the applicants, excepting those physical disabilities addressed in section 45-24-30(16) of the General Laws of Rhode Island, as amended.

2. That said hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;

3. That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this Zoning Ordinance or the Comprehensive Plan of the Town.

4. That the relief to be granted is the least relief necessary.

b. Hardship Findings. The Board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

1. In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the Zoning Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a use variance; and

2. In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

c. Conditions. The Board may prescribe in writing any conditions and safeguards it may deem necessary to promote harmony with neighboring properties and uses, including but not necessarily limited to those outlined in subsection 14-9.5b.

(Ord. 6/23/94, Art. 9; Ord. 4/22/04)

14-9.7 Appeal.

a. Procedure. An appeal to the Board from a decision of any other zoning enforcement agency or officer, or the Planning Board, may be taken by an aggrieved party. Such appeal shall be taken within thirty (30) days of the date of the recording of the decision of the officer or agency, or within thirty (30) days of the time when the aggrieved party knew or should have known of the action or decision of such officer or agency. The appeal shall be commenced by filing an application with the Board, with a copy to the officer or agency from whom the appeal is taken, specifying the ground thereof. The officer or agency from whom the appeal is taken shall forthwith transmit to the Board all papers, including any transcript or audio tapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the Planning Board and the Town Council.

b. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the officer's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer from whom the appeal is taken on due cause shown.

c. Hearing. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof in the same manner as set forth in subsection 14-9.8 of this chapter, as well as due notice to the parties of interest, and decide the same within twenty (20) days of the hearing. The hearing of any appeals shall be at a separate meeting from the hearing of any variance or special use permit applications, although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or by attorney. The officer or a designated individual of the agency, commission, or board from whom the appeal is taken shall appear before the Zoning Board at the hearing to represent such agency, commission or board. Other members of the agency, commission or board may appear and be heard, but shall not represent the agency, commission or board. The cost of any notice required for the hearing shall be borne by the appellant.

d. Decisions and Records of the Board. In exercising its powers in ruling, the Board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provisions of subsection 14-9.8e and f. below.

(Ord. 6/23/94, Art. 9)

14-9.8 Application and Hearing Procedures.

a. In General. An application for relief from the literal requirements of a Zoning Chapter because of hardship or an application for a special use permit may be made by any person, group, agency or corporation, provided that the owner or owners of the subject property must join in any application, by filing with the Secretary an application describing the request and supported by such data and evidence as may be required by the Board. An application from a corporation must be signed by its attorney or duly authorized officer of the corporation. The Secretary shall immediately transmit such application received to the Board and shall transmit a copy of each application to the Planning Board and the Town Council.

b. Fees. An appeal or application shall be accompanied by a filing fee in the amount established by the Town Council, payable to the Town of Little Compton and returnable only in the event that the appeal or application is withdrawn prior to the official notice of public hearing. Said fee may be waived by the Board upon a showing of financial hardship by the applicant.

c. Limit on Successive Applications. The Board may not accept another application for substantially the same special exception or variance for a period of one (l) year after the denial of an application except that the Board may waive this requirement if the later application is accompanied by an affidavit presenting facts, to the satisfaction of the Board, that a substantial change in circumstances exists, justifying a hearing of the application.

d. Hearing and Notice. The Zoning Board shall, immediately upon receipt of an application, request that the Planning Board shall report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan of the Town, in writing to the Board within thirty (30) days. The Board shall hold a public hearing on any application for variance or special use permit in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice thereof at least fourteen (14) days prior to the date of the hearing, which notice shall include the precise location of the subject property, including the street address, and a description of the relief sought, as follows:

1. In a newspaper of general circulation in the Town, and

2. By First Class Mail to:

(a) All owners of the subject property in question; and

(b) All property owners of record of land within two hundred (200) feet of the property, which is the subject of the application, whether within the Town or within an adjacent city or town; and

(1) Which is located in or within not less than two hundred (200) feet of the boundary of the subject property; or

(2) Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within two thousand (2,000) feet of the subject property, regardless of municipal boundaries; and

(d) The governing body of any State or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within two thousand (2,000) feet of the subject property, provided, however, that the governing body of any State or municipal water department or agency, special water district, or private water company has filed with the Secretary a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

(e) The Chairperson of the Town Conservation Commission.

e. Decision. Following a public hearing, the Board shall render a decision within twenty (20) days. The Board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the Secretary, and a copy posted in the office of the Town Clerk, within ten (10) working days from the date when the decision was rendered, and shall be a public record. The Board shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the Secretary in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the Board shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

f. Distribution and Recording of Decision. Any decision by the Board, including any special conditions attached thereto, shall be mailed to the applicant, to the Planning Board, the Building Official, the Town Council, the Town Conservation Commission, the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and to the Town Clerk who shall post the decision for twenty (20) days pursuant to subsection 14-9.1. Any decision evidencing the granting of a variance or special use permit shall also be recorded by the owner in the land evidence records of the Town, after twenty (20) days have passed from the filing of the decision, but prior to the issuance of any building permit or certificate of occupancy.

(Ord. 6/23/94, Art. 9)

14-9.9 Expiration of Variances and Special Use Permits.

a. Any variance or special use permit shall expire one (1) year after the date of the filing of the resolution with the Town Clerk unless the applicant shall, within one (1) year, obtain a legal building permit and proceed with the construction; or obtain a certificate of occupancy when no legal building permit is required. The Board may, upon written request and for cause shown prior to the expiration of the initial one (1) year period, renew the variance or special use permit for a second one (1) year period. Said request for an extension need not be advertised.

b. Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the second one (1) year period, the Board may upon written request prior to the expiration of the second one (1) year period, renew the variance or special use permit for a third one (1) year period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution, and notice shall be given in accordance with subsections 14-9.8b. and 14-9.8d. and a hearing shall be held on the request.

c. None of the year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.

(Ord. 6/23/94, Art. 9; Ord. 7/25/02)

14-9.10 Appeals to Superior Court.

An aggrieved party may appeal a decision of the Board to the Superior Court for Newport County by filing a complaint setting forth the reasons of appeal within twenty (20) days after such decision has been filed and posted with the Town Clerk. The decision shall be posted in a location visible to the public in the Town Hall for a period of twenty (20) days following the recording of the decision. The Board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the Clerk of the Court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the members of the Board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal. (Ord. 6/23/94, Art. 9)

14-9.11 Adoption, Amendment and Administration of Zoning Chapter.

a. Procedure. Other than for proposals originated by the Town Council, the Town Clerk shall be the officer to receive a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map(s). Immediately upon receipt of such proposal, the Town Clerk shall refer such proposal to the Town Council and the Planning Board for study and recommendation. If the proposal originates with the Town Council, the Town Council shall refer such proposal to the Planning Board and the Building Official. The Planning Board shall report to the Town Council within forty-five (45) days after receipt of the proposal, giving its findings and recommendations. The Town Council shall hold a public hearing within sixty-five (65) days of receipt of proposal, giving proper notice as prescribed in paragraph c. below. The Town Council shall render a decision on any such proposal within forty-five (45) days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant. Except for action initiated by the Town Council or a Town agency or official, all applications shall be accompanied by a filing fee as established by the Town Council and payable to the Town of Little Compton. Said filing fee shall be set in an amount required to cover the expenses of public hearing notification, stenographic services for public hearing records and any other expenses incurred in the processing of the application and the final action thereon. Said fee shall be returnable only in the event the application is withdrawn prior to the issuance of official public hearing notice. Said fee may be waived at the discretion of the Town Council upon the showing of financial hardship by the applicant.

b. Review by Planning Board. Among its findings and recommendations to the amendment or repeal of this chapter or zoning map, the Planning Board shall:

1. Include a statement on the general consistency of the proposal with the Comprehensive Plan of the Town, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Plan; and

2. Include a demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in subsection 14-1.1 of this chapter.

c. Notice and Hearing Requirements.

1. No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council. The Town Council shall first give notice of such public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three (3) consecutive weeks prior to the date of such hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter to the proposed ordinance. Written notice, which may be a copy of said newspaper notice, shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in paragraphs c, 2, 3, 4 and 5 of this subsection, at least two (2) weeks prior to the hearing. Such newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:

(a) Specify the place of said hearing and the date and time of its commencement;

(b) Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;

(c) Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;

(d) Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

(e) State that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.

2. Where a proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by paragraph c, 1 of this subsection.

3. Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map but does not affect districts generally, public notice shall be given as required in paragraph c, 1 of this subsection, with the additional requirements that:

(a) Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and Town boundaries where appropriate; and

(b) Written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent by certified mail, return receipt required, to all owners of real property whose property is located within two hundred (200) feet of the perimeter of the area proposed for change, whether within the Town or within an adjacent city or town in which the property is located.

4. Notice of a public hearing shall be sent by certified mail, return receipt required, to the city or town council of any city or town to which one (1) or more of the following pertain:

(a) Which is located within two hundred (200) feet of the boundary of the area proposed for change; or

(b) Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within two thousand (2,000) feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

5. Notice of a public hearing shall be sent to the governing body of any State or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source and that is within two thousand (2,000) feet of any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any State or municipal water company has filed with the Building Official a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

6. No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.

d. Costs. Costs of any notice required under this section shall be borne by the applicant.

e. Limitations and Conditions. In granting a zoning ordinance amendment, the Town Council may limit the change to one (1) or more of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including without limitation:

1. Requiring the petitioner to obtain a permit or approval from any and all Federal, State or local governmental agencies having jurisdiction over the land and use which are subject to the zoning change;

2. Relating to the effectiveness or continued effectiveness of the zoning change; and/or

3. Relating to the use of the land as it deems necessary.

The Chair of the Planning Board and the Town Clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two (2) years or more after the zone change becomes effective, the Town Council may, after a public hearing as herein before set forth, change the land to its original zoning use before such petition was filed. If any limitation, condition, or restriction in an ordinance amendment is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

f. Limit on Successive Petitions. Where the Town Council denies or grants leave to withdraw to an application for amendment of this chapter, the Council shall not consider another application for substantially the same amendment for a period of one (1) year from the date of such denial or withdrawal. This period may be waived if the later application is accompanied by an affidavit presenting facts, to the satisfaction of the Town Council, showing that a substantial change in circumstances exists, justifying a rehearing of the proposed amendment.

(Ord. 6/23/94, Art. 9)

14-9.12 Maintenance of Zoning Chapter.

The Town Clerk shall be the custodian of this Zoning Chapter and zoning map or maps created thereunder. The Chair of the Planning Board shall be responsible for maintenance and update of the text and zoning map comprising this chapter. Changes which impact the zoning map shall be depicted on the map within ninety (90) days of such authorized change(s). The Planning Board shall be responsible for review of this chapter annually, and whenever changes are made to the Comprehensive Plan of the Town, to identify any changes necessary and forward these changes to the Town Council. (Ord. 6/23/94, Art. 9)

14-9.13 Publication and Availability of Zoning Chapter.

Printed copies of this chapter and map(s) shall be available to the general public through the Town Clerk and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs. Upon publication of this chapter and map(s), and any amendments thereto, the Town Clerk shall send a copy, without charge, to the Associate Director of the Division of Planning of the Department of Administration of the State of Rhode Island, and to the State Law Library. (Ord. 6/23/94, Art. 9)

14-9.14 Appeal of Enactment of or Amendment to Zoning Chapter.

An appeal of the enactment of or an amendment to this chapter may be taken to the Superior Court for Newport County by filing a complaint within thirty (30) days after such enactment, or amendment has become effective. The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the Comprehensive Plan and/or the manner in which it constitutes a taking of private property without just compensation. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the Town, or by any association of residents or landowners of the Town. This appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and

make such other orders as it deems necessary for an equitable disposition of the appeal. (Ord. 6/23/94, Art. 9)

14-9.15 Conflict with Other Ordinances, Rules and Statutes.

All sections, portions of sections and subsections of the Zoning Chapter heretofore in force are hereby repealed. Whenever the terms of this chapter require a higher standard than is required in any other ordinance, rule or statute; the provisions of this chapter shall prevail. Whenever the provisions of another ordinance, rule or statute require a higher standard than this chapter; the provisions of such other ordinance, rule or statute shall prevail. (Ord. 6/23/94, Art. 9)

14-9.16 Partial Invalidity.

If any section or subsection, clause, phrase or other portion of this chapter shall be held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of this chapter as a whole or any other section, subsection, clause, phrase or other portion thereof other than the part so ruled to be invalid or unconstitutional. (Ord. 6/23/94, Art. 9)

14-9.17 Effective Date.

This amendment shall take effect on July 1, 1994. (Ord. 6/23/94, Art. 9)

14-10 Definitions.

a. In General. Words used in the present tense include the future, the singular includes the plural and the plural the singular. The word "lot" includes the word "plot". The word "used" includes "designed" and "intended to be used". The word "building" includes "structure", the word "dwelling" includes "residence", the word "person" includes "corporation", "partnership", "association" and "individual". The word "shall" is mandatory. The words "zone" and "district", when referring to a zoning district, shall be interchangeable. Unless otherwise specified, all distances shall be measured along a horizontal axis, in any direction. Terms not defined in this chapter shall have the meaning customarily assigned to them. The following terms, unless a contrary meaning is specifically prescribed, shall have the following meanings:

b. Terms Defined.

1. Abutter shall mean one whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

2. Accessory apartment shall mean an accessory dwelling unit subject to and as set forth in subsection 14-5.5a, and requiring a minimum lot area of three (3) acres.

3. Accessory family dwelling unit shall mean an accessory dwelling unit for the sole use of one (1) or more members of the family of the occupant or occupants of the principal residence, subject to and as set forth in subsection 14-5.5b, and requiring a minimum lot area of one (1) acre.

4. Accessory use or structure shall mean a use or structure clearly accessory or incidental to the principal use of a lot or structure and located on the site of the principal use or structure. Examples include but are not limited to: private swimming pool, residential garage, carport, tool shed, barn, off-street parking area, flag pole, radio antenna, windmill, sign and other similar uses or structures. Such accessory use shall not be permitted without the principal use to which it is related. Where a substantial part of the wall of an accessory building is part of the wall of the principal building or where an accessory building is attached to the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building.

5. Adjacent lots shall mean two (2) or more lots of record which have one (1) or more common boundary.

6. Aggrieved party shall mean, for purposes of this chapter, (a) any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this

chapter; or (b) anyone requiring notice pursuant to this chapter.

7. Antenna shall mean equipment designed to transmit or receive electronic signals.

8. Applicant shall mean an owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

9. Application shall mean the completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval, or permitting purpose.

10. Appurtenances shall mean features other than primary or secondary structures which contribute to the exterior appearance of a property including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and landscape features.

11. Auto body shop shall mean a building or portion of a building in which major repairs are performed on automobile, truck or motorcycle bodies or chassis, including body repair, painting or priming.

12. Basement shall mean that portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having one-half (1/2) or more of its height above the average elevation of the finished lot grade adjoining the building. A basement shall be counted as a story.

13. Billboard shall mean a sign advertising products, services, facilities, events or attractions not made, sold, used, served or available on the premises displaying such sign. (See also "Sign, off-premises").

14. Board shall mean the Zoning Board of Review, as set forth in Section 14-9, unless specifically stated to the contrary.

15. Buffer shall mean land which is maintained in either a natural or landscaped state, and is used to screen

and/or mitigate the impacts of development on surrounding areas, properties or rights of-way.

16. Building shall mean any structure used or intended for supporting or sheltering any use or occupancy.

17. Building, detached shall mean a building having no party wall in common with another building.

18. Building, principal shall mean the primary building on a lot or a building that houses a principal use.

19. Building envelope shall mean the three (3) dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing: building setbacks, maximum height, bulk or other regulations, and/or any combination thereof.

20. Building footprint shall mean that area of a lot covered by a building or buildings, and their attached appurtenances, such as decks, porches, and stairs.

21. Building height shall mean the vertical distance measured from the grade, as defined herein, at the building line, to the highest point of the roof structure.

22. Building official shall mean the Building Official of the Town of Little Compton who is also the Zoning Enforcement Officer.

23. Cellar shall mean that portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having less than one-half (1/2) its height above the average elevation of the finished lot grade adjoining the building. A cellar shall not be counted as a story.

24. Cemetery shall mean land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

25. Common ownership shall mean either (a) ownership by one (1) or more individuals or entities in any form of ownership of two (2) or more contiguous lots; or (b) ownership by

an association (such ownership may also include a municipality) of one (1) or more lots under specific development techniques.

26. Community center shall mean a building or group of buildings whose sole purpose is to house a nonprofit service, fraternal, or sectarian organization including administrative offices, child and elderly programs, recreation and assembly.

27. Community residence shall mean a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following:

(a) Whenever six (6) or fewer mentally handicapped children or adults reside in any type of residence in the community, as licensed by the State pursuant to Rhode Island General Laws Section 40.1-24-1-1 et seq.

(b) A group home providing care or supervision, or both, to not more than eight (8) mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the State pursuant to Rhode Island General Laws Section 40.1-24-1-1 et seq.

(c) A residence for children providing care or supervision, or both, to not more than eight (8) children including those of the care giver and licensed by the State pursuant to Rhode Island General Laws Section 42-72.1-1 et seq.

(d) A community transitional residence providing care or assistance, or both, to no more than six (6) unrelated persons or no more than three (3) families not to exceed a total of eight (8) persons requiring temporary financial assistance and/or to persons who are victims of crimes, abuse or neglect, and who are expected to reside in such residence not less than sixty (60) days nor more than two (2) years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social

services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

28. Comprehensive plan shall mean the Comprehensive Community Plan adopted by the Town pursuant to Rhode Island General Laws Section 45-22.2-1 et seq.

29. Construction shall mean the act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and retaining walls.

30. Council shall mean the Town Council of the Town of Little Compton.

31. Day care - day care center shall mean any other day care center which is not a family day care home.

32. Day care - family day care home shall mean any home other than the individual's home in which day care or supervision is offered at the same time to six (6) or less individuals who are not relatives of the care giver, but may not contain more than a total of eight (8) individuals receiving such care.

33. Density, residential shall mean the number of households or dwelling units per unit of land.

34. Development shall mean the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, any mining, excavation, landfill or land disturbance, any change in use, or alteration or extension of the use of land.

35. Development Plan Review shall mean the process whereby the Planning Board is authorized to review the site plans, maps and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter.

36. District. See "Zoning use district."

37. Drainage system shall mean a system of the removal of water from land by drains, grading or other appropriate means. Such techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and groundwater and the prevention and/or alleviation of flooding.

38. Driveway shall mean that portion of a lot that consists of a travel lane used to access a parking area or garage and which is bounded on either side by an area that is not part of the parking area.

39. Dwelling unit shall mean a structure or portion thereof providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation and containing a separate means of ingress and egress. (See "Household").

40. Dwelling, multi-household shall mean a building or portion thereof used for occupancy by two (2) or more households living independently of each other.

41. Dwelling, single-household also known as a single family detached dwelling shall mean a building, not attached to another structure, used as living quarters by a single household, family or a number of individuals living together as a single housekeeping unit and having sleeping, cooking and bath facilities together with permitted accessory uses.

42. Dwelling, two-household. See "Dwelling, multi-household".

43. Extractive industry shall mean the extraction of minerals including: solids, such as gravel, sand, coal and ores; liquids such as crude petroleum, and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

44. Family shall mean a person or persons related by blood, marriage or other legal means. (See "Household").

45. Fast food restaurant shall mean a commercial establishment where food or beverages are cooked, prepared or packaged and offered for sale inside or outside the structure by means of stand-up counter and/or drive-in service (including self-service) and primarily serves or dispenses such food or beverages in or with disposable containers and/or utensils and take away food is more than incidental.

46. Garage, parking shall mean any building, except those herein defined as a private garage, used for parking of vehicles. Such buildings may include stores and other commercial establishments; providing they conform to all regulations of the zone in which they are located.

47. Garage, private shall mean a detached accessory building or portion of a principal building used for storage of vehicles, and provided that, if more than two (2) vehicles are stored therein, the capacity does not exceed one (1) vehicle for each two thousand five hundred (2,500) square feet of lot area.

48. Garage repairshop shall mean a building or portion of a building, in which repairs, other than major structural repairs or auto body repairs, are made to vehicles.

49. Gasoline service station shall mean a building or portion of a building, in which automotive repairs or services are performed; fuel, oil, batteries and accessories are sold; grease racks, elevators and tire mounting devices are employed; but excluding automobile body repairing and painting and sale of automotive body parts.

50. GFA (Gross Floor Area) shall mean the sum of the gross horizontal area of the several stories of a building measured from the exterior face of exterior walls, but not including interior parking spaces, loading spaces for motor vehicles, or any space where the floor to ceiling height is less than six (6) feet.

51. Grade shall mean a reference plane representing the average of original ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or when the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.

52. Group quarters shall mean a dwelling unit in which individuals requiring supervision are provided living, sleeping, cooking, eating and sanitation facilities.

53. Halfway house shall mean a residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

54. Home occupation, customary shall mean occupational activities customarily carried out within a residential structure or an existing accessory structure subject to and as set forth in subsection 14-5.6.

55. Hotel, motel or inn shall mean a building or portion thereof where temporary lodging is supplied and where additional services such as restaurants, meeting rooms and recreational facilities may be provided.

56. Household shall mean one (1) or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term household unit shall be synonymous with the term dwelling unit for determining the number of such units allowed within any structure on any lot in a zoning district. Any individual household shall consist of any one (1) of the following: (a) a family, which may also include servants and employees living with the family or (b) a person or group of not more than three (3) unrelated persons living together.

57. Infrastructure shall mean facilities and services needed to sustain residential, commercial, agricultural, marine, industrial, institutional, and other activities.

58. Junk yard, including auto wrecking shall mean a lot or part thereof used for the storage, keeping or abandonment of junk, including scrap metal or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

59. Kennel shall mean a commercial operation that: (a) provides food and shelter and care of dogs for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (b) engages in the breeding of dogs for sale.

60. Land development project shall mean a project in which one (1) or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including but not limited to: planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/ or mixed used as provided for this chapter.

61. Lodging shall mean the provision of a rooming unit or units rented or leased for compensation.

62. Lot shall mean either (a) the basic development unit for determination of lot area, depth, and other dimensional regulations, or (b) a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

63. Lot area shall mean the total area circumscribed by the boundaries of a lot, except that when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and twenty (20) feet from the center of the traveled portion of the street.

64. Lot coverage shall mean the amount of the area of a lot which is covered by all principal and accessory structures, usually expressed as a percent.

65. Lot depth shall mean the distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

66. Lot frontage shall mean that portion of a lot abutting a street. Where all lot frontage is not contiguous, then only the largest single portion of such lot frontage will be considered with regard to minimum frontage requirements.

67. Lot line shall mean a line of record, bounding a lot, which divides one (1) lot from another lot or from a public or private street or any other public or private space and shall include:

(a) Front: any lot line separating a lot from a street right-of-way.

(b) Rear: the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line, and

On a corner lot, or irregularly shaped lot, there may be more than one (1) front lot line, and consequently, more than one (1) rear lot line.

68. Lot width shall mean the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front line at the minimum front setback line.

69. Lot, corner shall mean a lot at the junction of and fronting on two (2) or more intersecting streets.

70. Lot, through shall mean a lot which fronts upon two (2) parallel or approximately parallel streets, or which fronts

upon two (2) streets which do not intersect at the boundaries of the lot.

71. Mixed use shall mean a mixture of land uses within a single development, building or lot. Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. In addition, when two (2) or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a mixed use.

72. Manufactured home shall mean a single-family, detached dwelling (commonly referred to as a "trailer" or "mobile home"), transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to appropriate utilities. For the purpose of development in any special flood hazard area as defined in subsection 14-5.9, the term "manufactured home" shall include all park trailers, travel trailers and similar vehicles placed on a site for more than one hundred eighty (180) consecutive days. This definition is not intended to include prefabricated or modular dwellings which are shipped or towed to a site on separate running gear, removed from said running gear, assembled and permanently erected on a foundation for dwelling use.

73. Manufactured home park or subdivision, existing shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots upon which manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of flood plain management regulations adopted by the Town of Little Compton.

74. Manufactured home park or subdivision, existing, expansion to. Expansion to an existing manufactured home park or subdivision shall mean the preparation of additional sites by the construction of facilities for servicing the lots on

which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

75. Nonconformance shall mean a building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions of such chapter or amendment. Nonconformance shall be of only two (2) types:

(a) Nonconforming by use: A lawfully established use of land, building or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use;

(b) Nonconforming by dimension: A building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use, while a building or structure containing a permitted number of dwelling units by the use regulations of the Zoning Ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

76. Nursing home shall mean a facility licensed by the State of Rhode Island, and maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

77. Owner shall mean any person, agent, firm or corporation who, alone, jointly, or severally with others: a) shall have legal or record title to any property; or b) shall have charge, care or control of any property as agent, executor, administrator, trustee or guardian.

78. Parking space shall mean a portion of lot area set aside for the parking of one (1) vehicle.

79. Parking, accessory use shall mean off-street parking of automobiles on the same or contiguous lot as a principal use where said parking is established or required in conjunction with the principal use.

80. Parking, principal use shall mean off-street parking of automobiles on one (1) or more lots where parking spaces for more than four (4) automobiles are available for public use whether free, for compensation, or to satisfy parking requirements of a principal use on separate and noncontiguous lots.

81. Permitted use shall mean a use by right which is specifically authorized in a particular zoning district.

82. Planned Unit Development (PUD) shall mean land development project as defined herein and developed according to plan as a single entity and containing one (1) or more structures and/or uses with appurtenant common areas.

83. Pre-application conference shall mean a review meeting of a proposed development held between applicants and the Building Official and/or other Town officials, before formal submission of an application for a permit or for development approval.

84. Repair shall mean a change meant only to remedy damage or deterioration of a structure or its appurtenances.

85. Residential professional office shall mean an office operated by a physician, surgeon, dentist, optometrist, attorney, engineer, architect, planner, accountant or other professional person licensed by law or certified by a recognized professional organization or society, as set forth in subsection 14-5.6.

86. Rest home shall mean group lodging for convalescing people, including elderly, where basic services are provided.

87. Rooming unit shall mean a room or suite of rooms having an independent means of access within a building,

with facilities intended for sleeping and living, with or without individual sanitation, and without cooking facilities.

88. Sales, retail shall mean on-premises sales of goods primarily to customers for their personal or household use or consumption.

89. Sales, wholesale shall mean on-premises sales of goods primarily to customers engaged in the business of reselling the goods.

90. Setback line or lines shall mean a line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

91. Sign shall mean any device that is sufficiently visible to persons not located on the lot where such device is located to attract the attention of such persons or to communicate information to them.

92. Sign, freestanding shall mean a sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign," is also a freestanding sign.

93. Sign, off-premises shall mean a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located. (See also "Billboard").

94. Sign, temporary shall mean a sign that (a) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (b) is intended to remain on the location where

it is erected or placed for a period of not more than fifteen (15) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

95. Site plan shall mean the development plan for one (1) or more lots on which is shown the existing and/or the proposed conditions of the lot.

96. Special use shall mean a regulated use which is permitted pursuant to a special use permit issued by the Zoning Board of Review. Formerly referred to as a "special exception."

97. Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement may be counted as a story but a cellar shall not be so counted.

98. Street shall mean a public right-of-way established by or maintained under public authority, a private way open for public uses, and a private way plotted or laid out for ultimate public use, whether or not constructed.

99. Street line shall mean the line dividing a lot from any street, except a limited or controlled access highway to which the lot has no access.

100. Structure shall mean a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water, including, but not limited to, buildings, gazebos, signs, billboards, outbuildings, and swimming pools.

101. Tower, antenna shall mean any structure whose principal function is to support transmitting or receiving antennas and related electronic devices.

102. Town shall mean the Town of Little Compton.

103. Use shall mean the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

104. Use, accessory. See "Accessory use or structure."

105. Use, principal shall mean the primary or predominant use of any lot.

106. Utility facilities shall mean any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by the State of Rhode Island and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals.

107. Variance shall mean permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two (2) categories of variance, a use variance or a dimensional variance:

(a) Use Variance: Permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this ordinance (See subsection 14-9.6b, 1);

(b) Dimensional Variance: Permission to depart from the dimensional requirements of this ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more

profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief, although it may be an incidental result of the relief. (See subsection 14-9.6b, 2.)

108. Vehicle, commercial shall mean automobile vehicle used for commercial transportation purposes, including but not limited to trucks (all types and weights), van used for delivery and service, tractor trailer, garbage pick-up or dump truck, dumpster truck, or similar type vehicle.

109. Yard, front shall mean the open, unoccupied space extending across the full width of the lot between the front lot line of the lot and the nearest wall of a principal or accessory structure located on said lot. On a corner lot, both yards abutting a street shall be defined as front yards.

110. Yard, side shall mean the open, unoccupied space extending from the front yard to the rear yard between the side lot line and the nearest point of the wall of a principal or accessory structure located on said lot.

111. Yard, rear shall mean the open, unoccupied space extending across the full width of the lot between the rear lot line and the nearest wall of a principal or accessory structure. On a corner lot, the rear yard shall be defined as both yards not abutting the street.

112. Zoning certificate shall mean a document signed by the Zoning Enforcement Officer, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or is a duly authorized variance or approved special use; as set forth in subsection 14-9.1a. of this chapter.

113. Zoning map shall mean the Little Compton Zoning Map which is a part of this chapter and which delineates the boundaries of all mapped zoning districts within the physical boundary of the Town as provided in subsection 14-1.4b. of this chapter.

114. Zoning use district shall mean the basic unit in zoning to which a uniform set of regulations applies, or a uniform set of regulations for a specified use.

(Ord. 6/23/94, Art. 10)

*Editor's Note: History of ordinance. This ordinance was originally enacted May 13, 1968. It was amended on January 25, 1969; June 23, 1977; August 4, 1977 and December 7, 1978. Chapter XIV, Zoning was amended in its entirety on December 10, 1987 and further amended January 19, 1989 and January 6, 1994. It was again amended in its entirety June 23, 1994. Additional amendments will be noted where applicable.

CHAPTER XV TAXATION

15-1 Exemption for The Sakonnet Preservation Association.

15-1.1 Exemption, Listed.

The Town Council of the Town of Little Compton may exempt from taxation certain real property situated in said Town and owned by The Sakonnet Preservation Association, Inc., such exemption to be restricted and exercised in accordance with the following sections.

a. Each parcel of real estate to be exempted must be held by The Sakonnet Preservation Association, Inc., in fee and not for a term.

b. Each parcel of real estate to be exempted shall be considered by the Town Council separately and apart from all other parcels held or to be held by The Sakonnet Preservation Association, Inc., and after consultation with the Tax Assessors.

c. Each parcel of real estate to be exempted shall be shown on a plat map prepared by a registered surveyor delineating the exact boundaries and shall accompany the request for exemption.

d. Each parcel of real estate for which an exemption is requested, said request shall be presented to the Town Council at least two (2) weeks prior to the second Council meeting of the month. (Ord. 7/11/74; Ord. 1/9/75)

15-2 Exemption for Veteran.

15-2.1 Exemption.

Any person who is a legal resident of the Town of Little Compton and who qualifies as a veteran, pursuant to the provisions of Section 44-3.4. Rhode Island General Laws 1997 as amended, or is the unmarried widow of such veteran, shall be entitled to an exemption of eighteen thousand ($18,000.00) dollars on real property owned by said veteran or said widow, or one thousand ($1,000.00) dollars on personal property to said veteran or widow located within the Town, provided that said veteran or said widow makes application for such exemption on forms prescribed for such purpose by the Board of Assessors. This exemption of one thousand ($1,000.00) dollars shall be in addition to any exemption granted to such veteran or such widow, provided by the provisions of the General Laws of the State of Rhode Island. (Ord. 7/1/91; Ord. 11/6/03)

15-2.2 Effective Date.

This section shall take effect as of the assessment date of December 31, 2003. (Ord. 7/1/91; Ord. 11/6/03)

15-3 Exemption for Veteran-Prisoner of War.

15-3.1 Exemptions.

Any person who is a legal resident of the Town of Little Compton and who qualifies as a veteran of the military, naval, and maritime service of the United States of America pursuant to the provisions of Section 44-3-4, Rhode Island General Laws, 1997 as amended, and who has been, or shall be classified as, or determined to be a prisoner of war by the Veterans Administration of the United States, shall be entitled to an exemption of thirty thousand ($30,000.00) dollars from local taxation on real or personal property owned by said veteran prisoner of war and located within said Town, provided that said veteran prisoner of war makes application for such exemption on forms prescribed for said purpose by the Board of Assessors. This exemption shall be in addition to any exemption granted to such veteran prisoner of war pursuant to the provisions of the General Laws of the State of Rhode Island 1997 as amended. (Ord. 10/23/83; Ord. 11/6/03)

15-3.2 Effective Date.

This section shall take effect as of the assessment date of December 31, 2003. (Ord. 10/23/86; Ord. 11/6/03)

15-4 Exemption for Person Visually Impaired.

15-4.1 Exemption.

Any person who is a legal resident of the Town of Little Compton and who qualifies for an exemption under Section 44-3-12 Rhode Island General Laws, 1997, as amended, shall be granted an exemption not to exceed eighteen thousand ($18,000.00) dollars on real property owned by the person and located within the Town. Application for said exemption shall be made to the Board of Assessors. (Ord. 3/24/94; Ord. 11/6/03)

15-4.2 Effective Date

This section shall take effect as of the assessment date of December 31, 2003. (Ord. 3/24/94; Ord. 11/6/03)

15-5 Exemption for Low Income Elderly.*

15-5.1 Exemption.

Any person who meets the following requirements:

1. Is a legal resident of Little Compton for five (5) years or more;

2. Sixty-five (65) years or older;

3. Lives in a household that is subject to real estate taxes for which he/she is liable;

4. Earns no more than the scheduled household income, may qualify for a tax exemption. Application for said exemption shall be made on forms prescribed for such purpose by the Board of Assessors. (Ord. 11/6/03)

15-5.2 Effective Date.

This section shall take effect as of the assessment date of December 31, 2003. (Ord. 11/6/03)

15-6 Exemption for Totally Disabled.*

15-6.1 Exemption.

Any person who meets the following requirements:

1. Is a legal resident of Little Compton for five (5) years or more;

2. Is one hundred (100%) percent disabled and unable to work as of the date of such disability;

3. Lives in a household that is subject to real estate taxes for which he/she is liable;

15-6.2 Effective Date.

This section shall take effect as of the assessment date of December 31, 2003. (Ord. 11/6/03)

15-7 Tax Assessments.

a. Upon the completion of any comprehensive revaluation update in accordance with Rhode Island General Laws § 44-5-11.6, and any other General Law affecting a revaluation update, the Little Compton Board of Assessors may adopt a tax classification plan, in accordance with the following limitations:

1. The designated classes of property shall be limited to the four (4) classes as defined below in paragraph b.

2. The effective tax rate applicable to any class shall not exceed by fifty (50%) percent the rate applicable to any other class. However, in the year following a reevaluation or statistical reevaluation or update, the Board of Assessors may adopt tax rates for all ratable tangible property no greater than twice the rate applicable to any other class. The State Office of Municipal Affairs must give written approval for this rate, that this rate is necessary to avoid a loss of revenue due to the reevaluation.

3. Any tax rate changes from one (1) year to the next shall be applied such that the same percentage rate change is applicable to all classes.

4. Notwithstanding paragraphs 2 and 3, above, the tax rates applicable to motor vehicles within Class 4 as defined in paragraph b. are governed by the Rhode Island General Laws § 44-34.1-1.

b. Classes of property.

1. Class 1: Residential real estate consisting of no more than five (5) dwelling units, land classified as open space, and dwellings on leased land including mobile homes.

2. Class 2: Commercial and industrial real estate, residential properties containing partial commercial or business uses and residential real estate of more than five (5) dwelling units.

3. Class 3: All ratable tangible personal property.

4. Class 4: Motor vehicles and trailers subject to the excise tax created by chapter 34.1 of title 44 of the Rhode Island General Laws.

(Ord. 5/5/05)

CHAPTER XVI RULES AND REGULATIONS FOR THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT

16-1 Rules and Regulations of the Police Department.

16-1.1 Forward.

The primary mission of the police force is crime prevention and the protection of life and property. The laws and police procedures related to them are promulgated by police agencies for the purpose of maintaining order and continuity. The basis, however, of all police action is the law, and the credibility of the law enforcement profession will be measured by its contribution to the welfare of man, its concern for excellence, and by the guidance it provides to its members toward a high level of ethical practice.

The purpose of this section is to establish the principles for the management of the Little Compton Police Department, and the standards of behavior to which every member of the department shall be held accountable. Its goals are to increase the quality of police service, to elevate the standards of the profession, and to strengthen the public confidence in law enforcement; to encourage officers individually and collectively to fully appreciate the total responsibilities of their office; to earn the support and cooperation of the general public in these endeavors.

Police officers have a sworn obligation to respect and defend the rights guaranteed to the people in the Constitution. In the performance of those duties they may command obedience or prohibit behavior which tends to irritate and conflict with the expectations of free men in a free society, and particular attention must be given to ensure its just and impartial application. Violations of law by those sworn to defend it will bring down the system more surely than all other forms of crime combined. Positive police action, while intended to serve the department's peace keeping mission, must be administered without prejudice; always mindful that in the execution of their duties they act not for themselves, but for the public.

Consistent with that responsibility they should be constantly aware that it is not a proper police function to prohibit or stop dissent. Civil disturbance and dissent are not synonymous. While civil disobedience and disturbance are illegal; dissent is not. Only violations of law and actions inimical to public safety are within the purview of the police. Proper understanding of the relationships between the maintenance of order in the community as the principle objective, and the enforcement of the law as a tool to be used in achieving it, is a distinction well made.

The rules, regulations and job descriptions should serve as a guide to the police officer and impress upon him the importance of his public service. The uniqueness of his role identifies him as a member of a profession capable of performing that service with dedication and wisdom.

16-1.2 Preface.

Pursuant to these provisions, the Chief of Police, all superior officers and patrolmen have and shall exercise within the limits of the Town of Little Compton all common law and statutory power of constables except the power to serve civil process, as granted to them by the statutes, ordinances, regulations and the inherent police power of the State.

The regulations herein set forth are compiled for the guidance and government of the Little Compton Police Department and the members and employees thereof. These rules and regulations supersede and cancel any orders previously in effect that are inconsistent to the adoption of these regulations.

16-1.3 Rules and Regulations.

a. Introduction. The regulations in this section are adopted as a guide for the discipline and government of the Police Department.

It cannot be expected that any set of regulations will cover all situations or emergencies which arise. In a role as complex as that of a police officer, intelligence and discretion will often be the only available guidelines.

There is a need for standards of conduct and general rules in any organization, especially one in an area as important as law enforcement. These regulations are formulated to meet that need.

Department members and employees are required to read and be familiar with the contents of this section.

The purpose of this section is not to provide the Chief or appointing authority with a tool for punishing officers. Rather it is an attempt at improving the effectiveness of the Police Department by making clear to all officers and employees what is expected of them, and what they can expect of fellow officers and employees.

If any part of these regulations is rendered inoperable or declared illegal by any court or tribunal of competent jurisdiction, the balance of the entire manual will remain in full force and effect.

b. Definitions. As used in this section:

"Department" shall mean the Police Department.

"Chief' shall mean the Chief of Police.

"Officer-in-Charge" shall mean a Commanding Officer of a shift or the Commanding Officer of any given situation.

"Senior Officer" shall mean a member in any given rank with the longest service in that rank.

"Member" shall mean a duly appointed police officer in the Department.

"Employee" shall mean a civilian employee of the Department.

"Manual" shall mean the Police Manual of the Department.

"Orders" shall mean commands or instructions, oral or written, given by one member to a member of lesser rank.

"Shift" shall mean a regular tour of duty, unless otherwise ordered by the Chief of Police.

"Grammar" shall mean wherever context permits, the use of the masculine will also include the feminine and the use of the singular will also include the plural.

"Superior Officer" shall mean any rank above Patrolman.

"Police Constable" shall mean a duly appointed Constable, as provided by law, who is not required to give bond nor authorized to serve process in civil actions. Police Constables while on duty shall be subject to the same rules and regulations as the full-time members of the Little Compton Police Department.

c. Professional Responsibilities. Police officers are professionals, and as such are expected to maintain exceptionally high standards in the performance of their duties.

Effective and efficient performance of his duty requires that a police officer maintain the respect and cooperation of his community. This requirement dictates that the conduct of all police officers be above reproach in all matters both within and outside the Department.

General professional responsibilities include taking appropriate action to:

1. Protect life and property;

2. Preserve the peace:

3. Prevent crime:

4. Detect and arrest violators of the law;

5. Enforce all laws coming within departmental jurisdiction;

6. Supervise public functions (such as parades or dances) where public order requires police presence;

7. Respond to all public emergencies;

8. Endeavor to maintain good community relations.

d. Conflict of Interest. Since the position of a police officer is a public trust; it is important to avoid all situations involving conflicts of interest whether in fact or only in appearance.

1. Membership in Organizations. A member or employee of this Department shall not affiliate with or become a member of any organization if such affiliation or membership would in any way interfere with or prevent him from performing his duty.

2. Employment Outside of Department.

(a) Officers may engage in off-duty employment subject to the following limitations:

(1) Such employment shall not interfere with the officers' employment with the Department, or impair his independence of judgment in the exercise of official duties;

(2) Officers shall submit a written request for off-duty employment to the Chief, whose approval must be granted prior to engaging in such employment; and

(3) Officers shall not engage in any employment or business involving the sale or distribution of alcoholic beverages, bail bond agencies, security or alarm services, or investigative work for insurance agencies, private guard services, collection agencies or attorneys.

(b) In addition to the above restrictions, approval may be denied where it appears that the outside employment might:

(1) Render the officers unavailable during an emergency,

(2) Physically or mentally exhaust the officers to the point that their performance may be affected,

(3) Require that any special consideration be given to scheduling of the officers' regular duty hours, or

(4) Bring the Department into disrepute or impair the operation or efficiency of the Department or officer.

3. Political Activities. A member of the force shall not engage in political activity in behalf of, or against, any candidate or political question. While on duty, a civilian employee of the Department shall not engage in political activity or discussion on behalf of, or against, any candidate or political question. All actions which could even give the impression that a member or employee is using his or her official position to influence the electoral process are to be avoided. Members and employees who become candidates for salaried elective office shall take a leave of absence without pay. Such leave shall encompass both the campaign and the tenure of office, if elected.

Nothing contained in this regulation shall be construed to mean that a member or employee of the Department is prohibited from exercising his or her legal voting rights.

4. Gifts and Gratuities. Members and employees shall not under any circumstances solicit or accept any gift, gratuity, loan, service reward or fee where there is any direct or indirect connection between the solicitation and their departmental membership or employment, except as may be specifically authorized by the Chief. Members and employees must pay for all meals and beverages.

5. Unauthorized Transactions. Members and employees are prohibited from entering into any transactions of material value at substantially lower than fair market value, or the value at which such goods or services are being offered to the general public, when such transaction takes place between themselves and any person involved in any matter or case which arose out of their employment with the Department, except as may be specifically authorized by the Chief. This section shall not preclude officers from taking advantage of standard police discounts available to all departmental members.

6. Use of Official Position. Officers shall not use their official position, official identification cards or badges: (a) for personal or financial gain; (b) for obtaining privileges not otherwise available to them except in the performance of duty, or (c) for avoiding consequences of illegal acts.

Officers shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced without the approval of the Chief. Officers shall not authorize the use of their names, photographs, or official titles which identify them as officers, in connection with testimonials or advertisements of any person, commodity or commercial enterprise, without the approval of the Chief.

e. Orders. An order is a command or instruction, written or oral given by a superior officer. All lawful orders, written or oral, shall be carried out fully and in the manner prescribed.

1. General Orders. General orders are permanent written orders issued by the Chief of Police outlining policy matters which affect the entire Department. A general order is the most authoritative written order the Chief issues, and may be used to amend, supersede or cancel any previous order. General orders remain in full effect until amended, superseded or cancelled by the Chief. Arrangements shall be made to include general orders in the Police Manual.

2. Special Orders. Special orders are temporary written orders issued by the Chief of Police outlining instructions covering particular situations. Special orders are automatically cancelled when their objective is achieved.

3. Unlawful Orders. No member shall knowingly issue an order in violation of any law or any departmental regulation. Unlawful orders shall not be obeyed. The officer to whom the order was given shall notify the ordering officer of the illegality of his order. Responsibility for refusal to obey rests with the officer to whom the order was given. He shall be strictly required to justify his action.

4. Unjust or Improper Orders. Lawful orders which appear to be unjust or improper shall be carried out. After carrying out the orders, the officer to whom the order was given may file a written report to the Chief via the chain of command indicating the circumstances and reasons for questioning the orders, along with his request for clarification of departmental policy.

5. Conflicting Orders. Should any order given by a superior officer conflict with any previous departmental order, the member to whom such order is given will call attention to the conflict. If the superior officer does not change his order to avoid such conflict his order will be obeyed, but the member-obeying such order will not be held responsible for disobedience of the previous order. It should later be reported to the Chief in writing for clarification.

6. Personnel Orders. Orders pertaining to assignments, change of duty assignments, administrative matters related to conditions of employment, and employee rights and benefits.

7. Instructions from Dispatcher. All personnel shall promptly respond to and execute all instructions from the, Dispatcher. These communications shall be considered as direct orders from higher authority.

f. Required Conduct. In addition to the specific duties of each individual rank and assignment, as set forth in subsections 16-1.4 through 16-1.17, the following provisions are applicable to all members and employees of the Department.

1. Reporting for Duty. Report for duty whenever so ordered by proper police authorities. Upon reporting for duty, be physically and mentally fit, properly uniformed and equipped and not absent himself from duty without leave.

2. Awareness of Activities. Upon reporting for duty or returning to duty from any absence inform himself about all new orders, regulations, memoranda, previous shift activities, and all other important matters governing his assignment.

3. Submitting Reports. Promptly and accurately complete and submit all reports and forms as required.

4. Identification. Officers shall carry their badges and identification cards on their persons at all times, except when impractical or dangerous to their safety or to an investigation. They shall furnish their name and badge number to any person requesting that information, when they are on duty or while holding themselves out as having an official capacity, except when the withholding of such information is necessary for the performance of police duties or is authorized by proper authority.

5. Address and Telephone. An officer shall have a telephone in his residence or a phone number at which he can be reached and shall promptly report any change of phone number or address to his superior officer.

6. Truthfulness. An officer shall truthfully state the facts in all reports as well as when he appears before any judicial, departmental or other official investigation, hearing, trial or proceeding. He shall cooperate fully in all phases of such investigations, hearings, trials and proceedings.

7. Physical Fitness. Maintain good physical condition in accordance with a standard determined by the Chief, after consultation with a physician.

8. Examinations. A member shall submit to a physical or psychological examination at any time, at the expense of the Department, when so ordered by the Chief of Police.

9. Civil Suits for Personal Injuries. Any claims for damage to clothing or other personal property belonging to a member or employee caused by the performance of duty shall be made in accordance with departmental procedures. Members and employees shall not seek in any way, nor accept from any persons, money or compensation for damages sustained or expenses incurred by them in the line of duty without first notifying the Chief of Police in writing. Members or employees who have received municipal salaries for illness or for personal injuries sustained off duty shall notify the Chief of Police in writing of any intent to seek, sue, solicit, or accept compensation as damages for such illness or injury.

Notice shall be filed before the action is taken. It shall include the facts of the claims and the name of the defendant. Keep the Chief informed of the status of the case and the final court determination.

This provision shall not apply to private insurance policies held by members or employees for which premiums are not paid for in part or in whole by the municipality.

10. Line of Duty Disability. Any injury, illness or disability incurred in the line of duty shall be reported in accordance with departmental procedures. Final disposition as to line-of-duty injuries, illnesses or disabilities shall be made by the Chief after consultation with a physician. In each case of illness, injury or disability incurred in the line of duty, no officer shall be returned to duty until his ability to be placed on full duty status is certified by proper medical authority.

11. Leaving the Town. Whenever a member of this Department, during his tour of duty, is about to leave the Town limits for the purposes of investigations, pursuit, or any other reason, he shall inform his Shift Commander or Dispatcher prior to his leaving and again on his return.

12. Property Identification. All personal property including all money that comes under an officer's control whether lost, stolen, confiscated or given to the department shall be tagged and turned over to the Officer-in-Charge according to current departmental procedures.

13. Public Defects. Every member shall observe and forthwith report in writing to the Officer-in-Charge any defect, obstruction, or nuisance in the streets, sidewalks or other public areas which may cause a hazard to the general public or create a civil liability upon the City or Town. Appropriate notification shall be made to the radio dispatcher for more immediate remedial action where necessary.

14. Report Use of Weapons. A member of the Department who finds it necessary to use his nightstick, blackjack or discharges his firearm in making an arrest or attempting to make an arrest shall immediately notify his Commanding Officer and the said Commanding Officer shall conduct an immediate investigation as to the possibility of injury to any person or property and the propriety of the member's use of his weapon. Officers shall make a written report of any deliberate or accidental discharge of firearms (excluding authorized target practice).

g. Prohibited Conduct. The following acts by a member or employee of the Department are prohibited or restricted:

1. Criminal Conduct. Violation of any law of the United States or of any State and local jurisdiction in which an officer is present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section.

2. Conduct Unbecoming an Officer. Conduct unbecoming an officer shall include that which brings the Department into disrepute or reflects discredit upon the officer as a member of the Department, or that which impairs the operation or efficiency of the Department or officer.

3. Neglect of Duty. Being absent from assigned duty without leave or failing to take suitable and appropriate police action when any crime, public disorder or other incident requires police attention.

4. Insubordination. Failure or deliberate refusal to obey a lawful order issued by a superior officer.

5. Unnecessary Force. The use of more physical force than that which is necessary to accomplish a proper police purpose. Officers shall use force in accordance with law and departmental procedures.

6. Discourtesy. Discourtesy, rudeness, or insolence to any member of the public. An officer shall be courteous and tactful in the performance of his duties and shall control his temper, exercising the utmost patience and discretion, even in the face of extreme provocation.

7. Use of Alcohol and Drugs. Consumption of intoxicating beverages while in uniform or on duty except in the performance of duty and while acting under proper and specific orders from a superior officer. Appearing for duty, or being on duty, while under the influence of liquor, controlled substances or drugs to any degree whatsoever, or with an odor of intoxicants on their breath.

8. Improper Associations. Voluntarily maintaining or establishing relationships with persons engaged in unlawful activity, except in the discharge of official duty and without prior knowledge of the member's Commanding Officer or the Chief of Police.

9. Undue Influences. Seeking the influence or intervention of any person outside the Department for purposes of personal preferment, advantage, transfer or advancement.

10. Recommending Private Services. Recommending or suggesting in any manner the employment or purchase of any particular professional or commercial service or product, such as lawyers, bondsmen, undertakers, towing services or burglar alarm companies, except in the transaction of personal business.

11. Personal Business. Conducting personal business while on duty.

12. Departmental Letterhead. Use of the departmental letterhead for private correspondence or sending official correspondence out of the Department without the permission of the Chief of Police.

13. Mailing Address. Use of the Department as a mailing address for private purposes, especially for the purpose of a motor vehicle license or registration.

14. Possessing Keys to Private Buildings. Having keys to private buildings or dwellings on a member's area of patrol without the permission of the Chief.

15. Sleeping. Sleeping while on duty.

16. Reading. Recreational reading while on duty, except during meals.

17. Smoking. Conspicuous smoking while on duty.

18. Notices. Altering, defacing or removing any posted notice of the Department. No notice shall be posted on the Department bulletin board without the permission of the Chief of Police or the Officer-in-Charge.

19. Report of Loss or Damage. In the event that departmental property is lost or found bearing evidence of damage which has not been reported, the last person using the property may be charged with failure to report and may be held responsible for damages.

20. Incompetence. An officer shall maintain sufficient competency to perform his duty and to assume the responsibilities of his position.

Incompetency may be demonstrated by the following:

(a) A lack of knowledge of the application of laws required to be enforced;

(b) An unwillingness or inability to perform assigned tasks;

(d) Repeated poor evaluations or repeated infractions of the rules and regulations.

21. Dissemination of Information. An officer shall treat the official business of the Department as confidential and shall conform to the following guidelines:

(a) Information regarding official business shall be disseminated only to those for whom it is intended, in accordance with established departmental procedures.

(b) An officer shall not remove or copy official records or reports from a police installation except in accordance with established departmental procedures.

(c) An officer shall not divulge the identity of a person giving confidential information except as authorized by proper authority in the performance of police duties.

(d) An officer shall not release to the press or news media information concerning departmental policy or the evidentiary aspects of any criminal investigation without prior approval of the Chief or Commanding Officer. Consult with the Chief of Police when in doubt.

22. Feigning Illness. An officer shall not feign illness or injury, falsely report himself ill or injured, or otherwise deceive or attempt to deceive any official of the Department as to the condition of his health.

23. Towing Services. No member shall solicit or assist in any way for a towing service. All requests for towing shall be referred to the station. It shall be the responsibility of the Dispatcher to follow the directions of the Chief of Police.

24. Use of Telephones. Use of departmental phone for private toll calls. Complete required departmental forms for all toll calls. Permission of the Commanding Officer shall be obtained prior to making any toll calls.

25. Gambling in Station. No game of chance, card playing or gambling of any kind shall be permitted in any police building or station.

26. Withholding or Destroying Evidence. A member or employee shall not fabricate, withhold or destroy evidence of any kind.

27. Incurring Department Liability. A member or employee of the Department shall not incur a liability chargeable to the Town of Little Compton unless with the knowledge and consent of the Chief of Police.

h. Uniforms and Appearance. Members shall be neat appearing and well groomed while in uniform. All articles of clothing shall conform to the departmental uniform regulations. Civilian clothing shall not be worn with any distinguishable part of the uniform while on duty.

1. Hair Styles. All members shall report for duty clean shaven and with neat and trimmed haircuts. The following diagram shall be adhered to:

Click Here for Hair Diagram

2. Mustache and Beards. The face will be clean shaven except that mustaches are permitted. If a mustache is worn it will be kept neatly trimmed and tidy, no portion extending beyond the corners of the mouth will fall below a line parallel with the bottom of the lower lip. Goatees and beards are not authorized.

3. Wearing the Uniform. Uniforms shall be kept neat, clean, and well pressed at all times. Care should be taken not to wear threadbare or faded items. The uniform cap shall be worn out-of-doors unless otherwise directed by competent authority. The Chief shall periodically issue special orders pertaining to daily or seasonal wear.

4. Civilian Clothing. Male members and employees permitted to wear civilian clothing during a tour of duty shall wear either a business suit or sports coat and slacks. A dress-style shirt with tie shall be worn. Commanding Officers may prescribe other types of clothing when necessary to meet particular police objectives. Unless otherwise directed, female members and employees permitted to wear civilian clothing shall conform to standards normally required of office personnel in private business firms.

i. Departmental Property and Equipment. Equipment issued to members of the Department shall remain the property of the Department. Members and employees shall maintain departmental property and equipment assigned to them in good condition. Damaged or lost property may subject the responsible individual to reimbursement charges and/or appropriate disciplinary action.

1. Damaged Inoperative Property and Equipment. Members and employees shall immediately report to their Commanding Officer on designated forms any loss or damage to departmental property or equipment assigned to them. The immediate superior shall be notified of any defects or hazardous conditions existing in any departmental property or equipment.

2. Care of Departmental Buildings. Members and employees shall not mar, mark or deface any surface in any departmental building. No material shall be affixed in any way to any wall in departmental buildings without specific authorization from a Commanding Officer.

3. Surrender of Departmental Property. Members and employees are required to surrender all departmental property in their possession upon separation from the service, or when otherwise ordered.

4. Departmental Vehicles. A valid driver's license is required of all members. Members shall not use departmental vehicle without permission of the Commanding Officer. Departmental vehicles shall never be used for personal business or pleasure.

5. Transporting Citizens. Citizens shall be transported in departmental vehicles only when necessary to accomplish a police purpose. Such transportation shall be done in conformance with departmental policy or at the direction of a Commanding Officer, immediate supervisor or the communications center.

6. Authorized Equipment. While on duty, a member shall carry only such equipment as is issued by the Department or authorized by the Chief of Police.

7. Reporting Accidents. Accidents involving departmental property, personnel and/or equipment must be reported in accordance with procedures established by the Chief of Police.

8. Upkeep of Police Manual. All members and employees who are issued the Police Manual are responsible for its maintenance and knowledge of its contents and they are required to make appropriate changes or inserts as issued by the Chief. The Manual shall be considered departmental property.

j. Disciplinary Actions. The Law Enforcement Officers Bill of Rights outlines various rights and responsibilities of the appointing authority, Chief of Police, and law enforcement officers in a variety of situations. Specific attention should be paid in the following provisions regarding the disciplinary powers of the Chief of Police:

The provisions of this act are not intended to prohibit summary punishment by the Chief or the highest ranking officer of the law enforcement agency.

1. Summary punishment of two (2) days' suspension without pay may be imposed for minor violations of departmental rules and regulations when the facts which constitute the minor violation are not in dispute. If the aggrieved officer believes the punishment of the Chief or the highest ranking officer of the law enforcement agency is unreasonable, he may appeal such punishment directly through the provisions of this subtitle.

2. Emergency suspension may be imposed by the Chief or the highest ranking officer of the law enforcement agency, when it appears that such action is in the best interest of the public. Any emergency suspension of any law enforcement officer shall consist of the law enforcement officer being relieved of duty and he shall receive all ordinary pay and benefits, as he would have, if he were not suspended. Any such law enforcement officer so suspended shall be entitled to a prompt hearing before a hearing committee upon his request. The time period for said hearing is not to exceed fourteen (14) days. If, after hearing, the hearing committee does suspend or dismiss the law enforcement officer, he shall not be entitled to his pay and benefits; however, if the enforcement officer is reinstated by a subsequent hearing, he shall be entitled to be reimbursed for all salary and benefits that have not been paid.

16-1.4 Duties of the Chief of Police.

a. Summary. The Chief of Police is the chief administrative officer of the Department and the final departmental authority in all matters of policy, operations, and discipline. He exercises all lawful powers of his office and issues such lawful orders as are necessary to assure the effective performance of the Department.

Through the Chief of Police the Department is responsible for the enforcement of all laws coming within its legal jurisdiction. The Chief of Police is responsible for planning, directing, coordinating, controlling and staffing all activities of the Department. He is also responsible for its continued and efficient operation, for the enforcement of rules and regulations within the Department, for the completion and forwarding of such reports as may be required by proper authority and for the Department's relations with local citizens, the local government and other related agencies.

The Chief is responsible for training of all members of the Department. The Chief shall have general charge of the station house and all property of the Police Department.

b. General Duties and Responsibilities. It is the duty and responsibility of the Chief of Police to:

1. Ensure compliance with all laws which the Department or its officers have the authority to enforce.

2. Organize, direct and control all resources of the Department to preserve the peace, protect persons and property and enforce the law.

3. Develop a professional organizational structure for the Department.

4. Establish a routine of daily duties to be performed by officers. Designate an officer to serve as Commanding Officer in his absence.

5. Assign, detail or transfer any member or employee of the Department to or from any unit or assignment whenever he shall deem such action to be in the best interest of the efficiency, discipline or morale of the Department.

6. Institute an adequate and progressive program of training for members and employees of the Department.

7. Ensure that all members have available to them copies of the Department's Police Manual.

8. Promulgate all general and special orders of the Department and issue on his own authority orders, written and oral, not inconsistent with his powers, duties and responsibilities.

9. Plan and execute police programs designed to prevent and repress crime, to apprehend and prosecute offenders and to recover property. Modify these programs to meet current trends.

10. Provide for investigation into all cases of alleged or apparent misconduct by departmental personnel.

11. Enlist the suggestions of members and employees of the Department to ensure maximum relevance and acceptance of all departmental regulations.

12. Keep himself informed as to the affairs of the Department, ensuring that the duties and responsibilities of members and employees are being properly discharged.

13. Be responsible for the necessary delegation of authority to those under his command, commensurate with their duties and responsibilities.

14. Exercise general supervision and inspection of all licensed public places within the community.

15. Develop or adopt new techniques to improve effectiveness in the discharge of police obligations of the Department.

16. Adopt a policy covering the safekeeping of all evidence and any property recovered, found or confiscated. Designate a member of the Department as Evidence Officer.

17. Be responsible for the preparation and justification of the annual departmental budget and for the control of all departmental expenditures.

18. Maintain a personnel record system in which shall be kept all pertinent information on all departmental members and employees.

16-1.5 Duties of the Lieutenant/Inspector-Executive Officer.

a. Summary. The Inspector and Executive Officer serves as the assistant to the Chief in carrying out the responsibilities, duties and policies of the Department as directed by the Chief of Police.

b. General Duties and Responsibilities. It is the duty and responsibility of the Lieutenant/Inspector-Executive Officer to:

1. Prepare monthly duty schedule and assign replacements when necessary. Maintain a time book listing vacations, sick leave, overtime worked, etc., of all full-time members of the Department.

2. Maintain property condition file:

(a) Survey all departmental equipment (including vehicles) and prepare a Department Inventory. Also weapons, handcuffs, etc., belonging to the Town; to be identified as to whom issued.

(b) Keep a vehicle condition report. Log all repairs and note condition.

3. Act as the Court Officer or Prosecution Officer for the Little Compton Police.

(a) Maintain pending case list of Department cases;

(b) Keep an outstanding warrant file (persons wanted by this Department);

(c) Maintain an arrest log and provide a semi-annual report (January 1 and July 1) with persons arrested in the following categories:

(1) Criminal

(2) Motor vehicle

(3) Adults

(4) Juveniles

(5) Persons prosecuted

(6) Detentions

(7) Arrest for other departments

4. Prepare Uniform Crime Report monthly for the Department.

5. Supervise members of the Department in all areas which require their performance as Law Enforcement Officers.

6. Perform such other duties as may be assigned by the Chief.

16-1.6 Duties of the Sergeant.

a. Summary. The Sergeant supervises patrolmen in the Little Compton Police Department. He directs its members in the performance of their duties and coordinates the activity of the Department in an efficient and effective manner.

b. General Duties and Responsibilities. It is the duty and responsibility of the Sergeant to:

1. Maintain a personnel file which will contain:

(a) Full information and identification of each member;

(b) Complete physical description and fingerprint card;

(d) A log with badge number, date of enlistment, dates of promotion, special assignments, schooling, commendations, certificates of accomplishment and any other pertinent data.

2. Keep and file reports of all traffic matters concerning the Department.

(a) Submit daily transmittal on tickets to Adj. Div.;

(b) Forward motor vehicle summonses to proper court;

(d) Submit report monthly to the Chief of Police on the number of motor vehicle arrests, number of equipment violations cited and amount of accidents investigated.

3. Keep an account of all complaints to the Department and maintain files as:

(a) Complaints received current month;

(b) Complaints active;

(d) Vacant house checks;

(e) Closed complaints;

(f) Report monthly on complaints received, complaints closed for month, complaints closed previous months;

(g) Direct members of the Department in follow-up attention to be given these matters.

4. Coordinate patrol efforts whereby members exchange information of a police related nature apprising each other at the change of shifts of any matter of concern regarding activity which a police officer should be aware of.

5. Assist the Lieutenant/Inspector in drafting warrants, taking of statements and preparing cases for court with information charging.

6. Review day sheets and pass on to patrols information which is deemed relevant.

7. Maintain a log of all evidence seized (seizure report folder) and inventory all evidence kept in the evidence room. See that all evidence seized is tagged with the date, time, location, defendant or victim and officer's name seizing same.

8. Check uniform and appearance of members: direct member to correct whatever infraction you observe concerning the rules and regulations applying to same. If member does not comply with suggested correction, certify in writing, to the Chief of Police the officer cited, date and time and the infraction.

9. Perform such other duties as may be assigned by the Chief.

(Ord. 11/19/87)

16-1.7 Duties of the Patrol Officer.

a. Summary. A Patrol Officer shall be responsible for the efficient performance of required duties in conformance with the rules, regulations, and policies contained in this Section.

Duties shall consist of but are not necessarily limited to, a number of general police responsibilities necessary to the stability and safety of the community. A Patrol Officer shall be expected to:

1. Identify criminal offenders and criminal activity and, where appropriate, apprehend offenders and participate in subsequent court proceedings.

2. Reduce the opportunities for the commission of crime through preventive patrol and other measures.

3. Aid individuals who are in danger of physical harm.

4. Facilitate the movement of vehicular and pedestrian traffic.

5. Identify problems that are potentially serious law enforcement or governmental problems.

6. Create and maintain a feeling of security in the community.

7. Promote and preserve the peace.

8. Provide other services on an emergency basis.

b. General Duties and Responsibilities. It is the duty and responsibility of a Patrol Officer to:

1. Exercise authority consistent with the obligations imposed by the oath of office and be accountable to superior officers. Promptly obey legitimate orders.

2. Coordinate efforts with those of other members of the Department so that teamwork may ensure continuity of purpose and maximum achievement of police objectives.

3. Communicate to superiors and to fellow officers all information obtained which is pertinent to the achievement of police objectives.

4. Respond punctually to all assignments.

5. Acquire and record information concerning events that have taken place since the last tour of duty.

6. Record activity during tour of duty in the manner prescribed by proper authority.

7. Maintain weapons and equipment in a functional, presentable condition.

8. Assist citizens requesting assistance or information. Courteously explain any instance where jurisdiction does not lie with the Police Department and suggest other procedures to be followed.

9. Be accountable for the securing, receipting, and proper transporting of all evidence and property coming into custody.

10. Answer questions asked by the general public, counsel juveniles and adults when necessary and refer them to persons or agencies where they can obtain further assistance.

11. Preserve the peace at public gatherings, neighborhood disputes and family quarrels.

12. Serve or deliver warrants, summonses, subpoenas, and other official papers promptly and accurately when so directed by a superior officer.

13. Confer with court prosecutors and testify in court.

14. Accomplish other general duties as they are assigned or become necessary.

15. Perform such other duties as may be assigned by the Chief.

c. Specific Duties and Responsibilities, Preventive Patrol.

1. Patrol an assigned area for general purposes of crime prevention and law enforcement. Patrol includes:

(a) Being thoroughly familiar with the assigned route of patrol. Such familiarity includes knowledge of residents, merchants, businesses, roads, alleyways, paths, etc. Conditions that contribute to crime should be reported. The location of fire boxes, telephones and other emergency services should be noted.

(b) Apprehending persons violating the law or wanted by the police.

(c) Completing detailed reports on all crimes, vehicle accidents and other incidents requiring police attention. In cases where an arrest is made, an arrest report is submitted along with the required crime reports. When property is recovered or additional information is discovered pertaining to a previously reported offense, the officer completes an investigation report.

(d) Preserving any crime scene until an Officer-in-Charge or Detective arrives when such crime scene is encountered or when dispatched to the scene as the first responding officer.

(e) Public assembly checks.

(f) Building security checks.

(g) Observing and interrogating of suspicious persons.

(h) Issuing traffic citations.

(i) Being alert for and reporting fires.

(j) Reporting street light and traffic signals out-of-order, street hazards and any conditions that endanger public safety.

(k) Checking of schools, parks and playgrounds.

(1) Responding to any public emergency.

2. Conduct a thorough investigation of all offenses and incidents within the area of assignment and scope of activity. Collect evidence and record data which will aid in identification, apprehension, and prosecution of offenders, as well as the recovery of property.

3. Be alert to the development of conditions tending to cause crime or indicative of criminal activity. Take preventive action to correct such conditions, and inform superiors as soon as the situation permits.

4. Respond to situations brought to the officer's attention while in the course of routine patrol or when assigned by radio. Render first aid, when qualified, to persons who are seriously ill or injured. Assist persons needing police services.

5. Remain on assigned route throughout the tour of duty except when a police emergency necessitates a temporary absence, or when an Officer-in-Charge or the Dispatcher has issued authorization for a temporary absence.

6. Patrol area giving particular attention to and frequently rechecking locations where the crime hazard is great. Insofar as possible, a Patrol Officer shall not patrol an area according to any fixed route or schedule, but shall alternate frequently and backtrack in order to be at the location least expected.

7. Be alert for all nuisances, impediments, obstructions, defects or other conditions that might endanger or hinder the safety, health or convenience of the public within the patrol area.

8. If assigned to operate a motor vehicle:

(a) See that it is well maintained mechanically and that it is kept clean both inside and out.

(b) Inspect the vehicle at the beginning of the tour of duty for any defects or missing equipment. Immediately report all defects and damages sustained to the vehicle to the proper authority and complete all reports and forms required by current procedures.

(d) Use only vehicles assigned by the Officer-in-Charge.

(e) Use the call number assigned to the car to contact headquarters.

(f) Operate the radio in line with FCC regulations and current departmental procedures.

(g) Ensure that the assigned vehicle's gas tank is full prior to completion of each tour of duty.

9. Keep radio equipment in operation at all times and be thoroughly familiar with departmental policy concerning use of the radios.

10. Take measures to direct the flow of traffic in the area during periods of congestion.

11. Notify the Officer-in-Charge if more than a temporary absence from regular duties is required.

12. Make periodic reports to the station house.

d. Specific Duties and Responsibilities, Traffic Patrol.

1. Direct and expedite the flow of traffic at assigned intersections keeping in mind the duty as a traffic officer in preventing accidents, protecting pedestrians and ensuring the free flow of traffic.

2. Enforce the parking ordinances and motor vehicle laws in the patrol areas.

3. Be alert for traffic safety conditions which may endanger or inconvenience the public and report such conditions to the Safety Officer.

4. Respond immediately when called from a traffic post to render emergency police service. Notify the station at the earliest possible opportunity.

5. Wear the prescribed traffic safety clothing and equipment.

16-1.8 Duties of the Officer-in-Charge.

a. Summary. An Officer-in-Charge is normally a ranking officer from the Department who has been designated by the Chief to command a shift. He is responsible for the immediate supervision and control of all officers under his command and is personally responsible for their efficiency and effectiveness as members of the Department.

b. General Duties and Responsibilities. It is the duty and responsibility of the Officer-in-Charge to:

1. Provide for the daily inspection by Patrol Supervisors of members assigned to patrol. Correct any non-compliance with departmental standards of uniform or equipment.

2. Provide for all significant changes in departmental rules, regulations, policies and procedures to be explained first at roll call and later by the Patrol Supervisors.

3. Provide for the proper and complete upkeep of the daily log.

4. Coordinate the deployment and activities of Traffic and Patrol personnel.

5. Be responsible for dissemination of information and/or materials, and inspection of officers for only such equipment as has been authorized by the Chief of Police.

6. Ensure the proper use of radio procedures by all members under his command.

7. Ensure the efficient operation and maintenance of the Department's communications system.

8. Periodically evaluate the adequacy of the communications equipment to meet the Department's needs. Report any inadequacy using current departmental procedures and recommend the procurement of needed equipment.

9. Ensure that inspections of motor vehicles and equipment are carried out and that the results of such inspections are properly reported by current departmental procedures.

10. Ensure that uniformed patrol personnel not use unmarked cars without the approval of the Chief of Police.

11. Provide for the security, cleanliness, and maintenance of the station house and its equipment, during his tour of duty.

12. Ensure that all persons coming into the station house are treated courteously.

13. Ensure proper processing of all complaints by citizens.

14. Oversee the prompt and accurate entry of all official police business submitted to the desk that is to be included in the records kept at the desk.

15. Ensure that the desk files are maintained.

16. Maintain the order and security of the station house and the proper conduct of officers.

17. Oversee and direct officers who are assigned to desk duty.

18. Take special measures to ensure that the departmental procedures are carried out regarding the handling of lost, stolen or abandoned property required as evidence or taken from a prisoner.

19. Examine for approval or disapproval all reports or records submitted to the desk. If approved, initial the report or record in the proper place. If disapproved, order the police officer to correct the deficiencies and resubmit the report or record.

20. Be responsible for the care and handling of prisoners in accordance with departmental policies and procedures and State law. Responsibilities include, but are not necessarily limited to, the following guidelines:

(a) Examine each prisoner upon his arrival at the station house for injuries. If any are found, record the fact in writing and submit the report to the Chief of Police. Determine whether any of the injuries were inflicted by a member of the Department. If they were, note such in the report.

Investigate the circumstances of the incident for possible disciplinary action and require the officer who inflicted the injury to submit a detailed report describing the incident. Forward such report to the Chief.

(b) If the prisoner requires medical attention, summon a physician or, if necessary, have him conveyed to a hospital.

(c) When a prisoner is unconscious for any cause, immediately attempt to restore consciousness. Failing to do so within a reasonable time, call a physician and be guided by his instructions. Allow no unconscious person to be placed in a cell except with the approval of a physician.

(d) Inform a prisoner charged with operating a motor vehicle while intoxicated, of his right to be examined immediately by a physician selected by him at his expense. Afford him a reasonable opportunity to exercise the right.

21. Oversee arrests of juveniles and immediately notify the parents and the Probation Office; if there is no parent, the guardian or person with whom the juvenile resides and the Probation Office.

22. See that any person, including a juvenile, arrested for a felony, a narcotics violation or an offense arising from a civil disorder is fingerprinted and photographed. Also, have palm prints taken of persons arrested for capital or possible life sentence offenses.

23. Be responsible for ensuring the prompt and effective service of all summonses, subpoenas, warrants and other official documents forwarded by proper authority.

24. Contact a Matron when a female is brought into the station house under arrest Ensure that departmental procedures surrounding the handling of female prisoners are followed.

25. Oversee the booking process. If an arrested person has been taken directly to a hospital and is remaining there, see that proper booking procedures are carried out at the hospital.

26. Inform any prisoner upon his being booked of his right to use the telephone.

27. Oversee the bonding procedures and release of prisoners on bond.

28. Designate work assignments in conjunction with the Chief of Police.

29. Inform the relieving officer of all police business that is pending or would otherwise be of interest or importance to him.

30. Perform such other duties as may be assigned by proper authority.

16-1.9 Duties of the Training Officer.

a. Summary. Under the general supervision of the Chief, the Training Officer develops and prepares other officers and recruits to effectively handle the realities of police work by promoting the skills, the professional attitude and a high sense of duty necessary to the police profession.

b. General Duties and Responsibilities. It is the duty and responsibility of the Training Officer to:

1. Prepare recruits for police service through indoctrination in departmental policies, procedures and requirements of job performance.

2. Prepare in-service training programs for regular officers in areas of crime detection, firearms, regulations and policies, leadership, human relations, crisis intervention, and the latest developments in all other aspects of law enforcement.

3. Provide officers the information needed in the performance of duty or in otherwise meeting their responsibilities by furnishing them with changes in the laws, new police methods, Supreme Court decisions and other topics which affect police operations.

4. Schedule training classes to be set up in prescribed units of instruction and prepare lesson plans on material to be covered in each class.

5. Solicit experts from the criminal justice system to conduct classes of instruction and ensure that they are given sufficient time for preparation and presentation of the material.

6. Utilize external resources to develop specialized skills that will increase the overall effectiveness of the Department.

7. Inform the Chief of the activities and progress of the training program.

8. Keep a written record of all training activities.

9. Perform other duties as assigned by the Chief.

16-1.10 Duties of the Evidence and Identification Officer.

a. Summary. The Evidence and Identification Officer performs departmental functions relating to the processing, filing, storage and security of crime scene and related evidence and the collection and maintenance of general identification files. The Evidence and Identification Officer acts as custodian of all controlled substances handled by the Department.

b. General Duties and Responsibilities. It is the duty and responsibility of the Evidence and Identification Officer to:

1. Become proficient in techniques of fingerprinting, photography, and the collection, preservation and presentation of all physical evidence.

2. Take and classify fingerprints, and maintain the fingerprint files on all arrested persons. Take palm prints of all persons arrested for any crime punishable by death or life imprisonment.

3. Take any non-criminal fingerprints and photographs as required for firearm permits or identification purposes, etc.

4. Act as custodian of all controlled substances seized in the course of any arrest or investigation.

5. Photograph persons taken into custody by the police. Maintain the photography files.

6. Photograph as required:

(a) Sites of fires of suspicious origin;

(b) Homicides;

(d) Safe breaks;

(e) Autopsies when requested by the medical examiner;

(f) Serious accidents and accidents involving Town-owned vehicles;

(g) Take other photographs as requested by the Officer-in-Charge or the Chief.

7. Search crime scenes systematically and carefully for physical evidence in conformity with established and approved procedures of the Department.

8. Preserve for court any and all physical evidence found at the scene of a crime. Make any enlargements of photographs as may be required for presentation in court.

9. Process all physical evidence collected by or brought to the unit.

10. Preserve the security and custody of evidence by giving or receiving a standardized receipt whenever evidence is received or transferred. Transfer evidence only to persons authorized to receive it and only according to departmental policy regarding handling of evidence.

11. Receive, mark for identification, prepare, package, record and forward to the laboratories, all evidence that requires further scientific processing.

12. Be responsible for conducting authorized searches of the various files maintained by the Department. Refrain from divulging information contained in such files to persons other than those specifically authorized by the Commanding Officer or the Chief to receive such information.

13. Keep himself informed of all improvements in scientific investigative techniques with regard to police identification and laboratory processes.

14. Prevent the destruction or removal of any records, fingerprint cards or photographs from the files, except upon the order of the Chief of Police.

16-1.11 Duties of the Prosecutor.

a. Summary. The Police Prosecutor is responsible for the preparation and presentation of cases on the District Court level.

As the Department's liaison with the court, the Prosecutor coordinates the scheduling of cases and witnesses.

b. General Duties and Responsibilities. It is the duty and responsibility of the Police Prosecutor to:

1. Maintain an effective working relationship between the court and the Department.

2. Coordinate the scheduling of cases for the Police Department.

3. Assure that witnesses are notified and that evidence is available when needed.

4. Minimize the time spent in court by police officers. Maintain a record of time spent in court by police officers.

5. Notify the Chief of any unusual occurrences requiring his personal attention.

6. Cooperate with the Attorney General's Office in the scheduling and presentation of cases to the Grand Jury or in the Superior Court.

7. Be responsible for ensuring the punctual attendance of all departmental members and their effective preparation and presentation of cases before the courts.

16-1.12 Duties of the Police Constables.

a. Summary. Police Constables shall be appointed from time to time as provided by law. They shall not be required to give bond, nor shall they be authorized to serve process in civil actions, but in all other matters they shall have the same power and authority as other constables. The Chief of Police may request the Town Council to either add or diminish the number of Constables as he deems necessary.

b. General Duties and Responsibilities. It is the duty and responsibility of Police Constables to:

1. Be responsible for the efficient performance of his duties in conformity with the policies of the Department and obey the directions of the Chief of Police and other superior officers.

2. Familiarize himself with all instructions and regulations governing the duties, responsibilities, conduct and demeanor of a patrolman.

3. Maintain a well-groomed appearance, and maintain his clothing and equipment in a proper state of cleanliness and repair.

4. Exercise care in the use of police premises, property and equipment.

5. May be suspended or dismissed from duty for any infraction of the rules of conduct applicable to a patrolman.

6. May be dismissed for inability to grasp police procedures and practices, or failure to satisfactorily meet requirements of the police service or attendance at police training sessions.

16-1.13 Duties of the Animal Control Officer.

a. Summary. The Animal Control Officer has the responsibility for the enforcement of the laws of the State of Rhode Island, and the ordinances of the Town of Little Compton pertaining to the licensing and control of dogs. He answers complaints pertaining to dogs and patrols the Town as may be necessary.

b. General Duties and Responsibilities. It will be the duty and responsibility of the Animal Control Officer to:

1. Check with the Dispatcher on a daily basis to ascertain if there are any complaints awaiting action:

(a) Lost Dogs--Information only.

(b) Stray Dogs--To be picked up.

(d) Nuisance Complaint-Animal Control Officer to be made aware of complaint, but no action to be taken unless requested by Chief or Police Officer in charge as stated on complaint.

2. Pick up complaints requiring action and take appropriate action to pick up dogs, transport dogs to the dog pound, and issue summonses.

3. Patrol those areas of Town in which there have been dog complaints or problems and take appropriate enforcement action.

4. File necessary activity reports and report on all incidents and complaints investigated.

5. Appear in Court as maybe necessary.

6. Perform such other duties as may be required by proper authority.

c. Miscellaneous. The Animal Control Officer and Deputy Animal Control Officer are Special Constables appointed in connection with those duties as Animal Control Officer and Deputy only. They will come under the supervision of the Police Chief. On occasion the Animal Control Officer or Deputy Animal Control Officer may have to issue a summons. They will have the assistance and cooperation of the Police Department whenever necessary. A Town owned vehicle and gasoline will be provided for use of Town business only.

d. Rabies Clinic. The Animal Control Officer will be in charge of any rabies clinic run by the Rhode Island Veterinary Society in the Town.

(Ord. 3/5/87)

16-1.14 Duties of the Safety Officer.

a. Summary. The Safety Officer has the primary responsibility for cooperating with the schools in developing and improving safety education programs. He supervises the training of safety patrol units at each school and oversees the maintenance of safety patrol equipment.

b. General Duties and Responsibilities. It is the duty and responsibility of the Safety Officer to:

1. Conduct safety education programs for school personnel regarding child molesters, playground and water safety, traffic safety and general first aid. Supervise the training of safety patrol units.

2. Work with school personnel and make recommendations to the Officer-in-Charge regarding school zones, crossing, signs, markings and the elimination of street hazards.

3. Lecture at high school driver education classes when requested.

4. Enforce laws in and around schools which may affect the health and safety of students and faculty.

5. Issue seasonal safety bulletins for radio and T.V.

6. Address P.T.A. and other civic and service organizations on the subject of school safety.

7. Act as liaison officer between all schools and the Police Department. Recommend a course of action to the Officer-in-Charge which will minimize any chance of conflict between the Department and youth in the community.

8. Submit to the Officer-in-Charge, at the beginning of each week, a schedule of work expected to be done during that week.

9. Supervise school crossing guards.

10. Inspect school bus stops, routes and related facilities periodically, and make any required recommendations to proper authorities.

11. Develop a bicycle safety program, if necessary, in cooperation with school authorities.

12. Formulate a positive crime prevention program aimed at young persons in conjunction with the local schools and social agencies.

13. Maintain a list of social agencies to which juveniles can be referred for such things as counseling, employment, and medical services.

14. Investigate reported crimes which are likely to have involved young persons.

15. Coordinate the processing of juveniles with the local court authorities, including the Clerk's Office and Probation Office.

16. Be available to speak to community groups on youth problems. Assemble pamphlets and films on delinquency.

17. Answer calls to the station from parents and others seeking assistance with problem youngsters.

16-1.15 Duties of the Matrons.

a. Summary. The Matron assists female prisoners as directed by the Officer-in-Charge.

b. General Duties and Responsibilities. It is the duty and responsibility of the Matron to:

1. Search all female prisoners when ordered to do so by the Officer-in-Charge, taking possession of all articles which might be used to effect an escape or suicide or be used as weapons. Handle all property taken in accordance with regular departmental procedures.

2. Be responsible, under the direction of the Officer-in-Charge, for the well-being and safekeeping of all female prisoners.

3. Communicate all significant information to the Officer-in-Charge of the desk.

4. Care for lost children brought into the station house when requested to do so by the Officer-in-Charge.

5. Perform such other duties as may be assigned by the Chief.

(Ord. 7/8/93)

16-1.16 Secretary/Clerk/Dispatcher.

a. Summary. The Secretary/Clerk/Dispatcher functions much the same as a Secretary-Clerk would in the business world, i.e. General office duties including typing, filing and record keeping. This position however requires the additional duties of the Police Dispatcher. It is specialized work and requires general clerical skills of varied complexity in the Police Department.

An employee in this class is responsible for operating radio equipment and telephones for the purpose of receiving and transmitting messages to police and ambulances, and performing duties required of the Police Dispatcher. Additionally, this employee shall possess considerable knowledge of departmental practices and procedures.

b. General Duties and Responsibilities. It is the duty and responsibility of the Secretary/Clerk/Dispatcher to:

1. Provide for the efficient operation of the office and maintain sufficient supplies.

2. Receive calls, complaints, request, emergency calls, and other information from general public and police and transmit such calls or request to police or ambulance service or appropriate personnel or agency.

3. Operate radios, utilize computer and telephone, various police manuals, and records in the receiving and transmission of messages, operate typewriter, calculator, copier, facsimile, and perform related work as required.

4. Maintain daily log of work activities, type and maintain files belonging to the Chief, except those of a confidential nature, and maintain files for letters, memos, contracts, accident reports, gas log, and day sheets; maintain some fiscal records.

5. Prepare and post the monthly duty schedules of police department personnel, keep a record of all sick leave, vacation days, and replacement hours.

6. Maintain log for Animal Control Officer, prepare and submit monthly report to Division of Agriculture Animal Health.

7. Prepare and type reports and correspondence as requested by the Chief.

8. Act as liaison between Town Hall and Police, i.e. Town Council, Town Clerk, Town Treasurer. Submit slips and vouchers to Treasurer, and forward reports, bills and/or correspondence to Clerk as directed by the Chief. Arrange to pick up whatever checks, reports or correspondence may be forthcoming from Town Hall.

9. Maintain petty cash file for department as directed by the Chief.

10. Address and post all department correspondence and arrange for daily pickup of mail.

11. Perform those duties set forth in the job description for Dispatchers.

12. As required by the Chief of Police, train and direct dispatchers, and from time to time notify dispatchers of any changes in department rules or procedures.

(Ord. 7/8/93)

16-1.17 Public Safety Dispatcher.

a. Summary. The Dispatcher receives all oral communications from the public and law enforcement personnel coming into the police station. By following established procedures and employing common sense, he/she transmits request for service to the appropriate location. The employee is responsible for operating radios, computer equipment and telephones for the purpose of receiving and sending messages to police, fire and ambulance personnel.

b. General Duties and Responsibilities. The employee shall keep and maintain a computer log of all telephone and radio calls, and of all persons entering and leaving the police station. When appropriate a description as to the nature of each call will be included. Should the contact be the basis of a complaint the employee will generate a computer record with the necessary basic information, if an officer is given a complaint to handle the officers badge number and name will be assigned that record.

Dispatchers will from time to time be given records to be entered into the computer during his/her shift. In addition to the police files the Dispatcher will maintain files for the Fire Department, Animal Control Officer and Harbormaster as the Police Chief shall designate.

The employee on duty each night at midnight will change the computer daylog record of that date so as to reflect the next date as of one (1) minute after midnight. The first record to then be entered will be that of the Duty Schedule of Officers and Dispatchers. The employee will then print out the computer record of the day log.

Dispatchers will learn the 10/Code System and when appropriate will use it for radio transmission. This system contains codes for licenses and registration checks to NCIC (National Crime Information Center) checks. Employees will acclimate themselves with these codes so as to become proficient in obtaining the record information and relaying same to the officer making inquiry. All license, registry and NCIC records printed out will be saved for that officer.

The Duty Dispatcher will at all times know the identity of the officers on duty and their car assignment. This is to be made a record of the log. As changes are made throughout each shift it will be reflected in that log. Dispatch employees are responsible for entering their own date and time on and off duty.

In the event that Fire/Rescue personnel leave their station unmanned and Dispatch is so informed the Dispatcher will answer the Fire Department telephone and radio, relaying those messages accordingly.

Further, it is the duty and responsibility of the Dispatcher to:

1. Report any deployment of police officers beyond their regularly assigned routes or sectors to the Officer-in-Charge.

2. Inform the Officer-in-Charge whenever a police vehicle is out of service.

3. Announce the call letters of the Department as issued by the Federal Communications Commission.

4. Be thoroughly familiar with the Department's procedures relating to use of radio and other communications equipment.

5. Acquire a thorough knowledge of the location and layout of streets, buildings, and other significant areas of the community so as to maximize the accuracy and speed of dispatchers.

6. Respond to all complaints received in a calm and civil manner.

7. Be familiar with emergency procedures that relate to matters requiring urgent police attention so as to be capable of activating them immediately.

8. Keep personnel who have been dispatched on calls fully informed of all facts affecting the safety or efficiency of their response to the call.

9. Inform the Officer-in-Charge when contact with an officer on patrol cannot be made after a reasonable amount of time.

10. Maintain equipment, especially the emergency call lines, in working order and immediately report any malfunctions or defect to the Officer-in-Charge.

11. Record all significant communications as required by current department procedures.

12. Answer all telephone calls promptly and respond by stating, "Little Compton Police".

(Ord. 7/7/88; Ord. 7/8/93)

16-1.18 Police Department Entrance Requirements.

a. Candidates for the position of patrolman will be required to meet the following minimum standards:

1. The candidate shall be at least eighteen (18) years of age, proof of age will be required.

2. The candidate shall be of good character.

3. The candidate shall have a valid Rhode Island drivers license.

4. The candidate shall have a high school diploma or a state recognized equivalent.

5. The candidate shall receive a passing grade on a written examination administered by the Little Compton Town Council or its designee. This examination will measure the general aptitude of the candidate.

6. The candidate shall pass the medical and physical fitness requirements of the Town of Little Compton.

7. Candidates will be graded and ranked according to their abilities in the written examination, the physical fitness test, and an oral interview.

b. Candidates whose names are placed on an eligibility list as a result of the above requirements will be required to meet the following additional standards prior to employment:

1. The candidate shall be found psychologically fit for duty as a patrolman.

2. Candidate shall pass a medical examination by a State designated physician.

3. Any candidate who has had a weight loss or gain of ten (10) pounds or more subsequent to placement on the eligibility list will require to resubmit a test of their physical fitness.

c. Upon acceptance into the Police Department as a probationary employee, candidates will be required to contract with the Town of Little Compton to:

1. Maintain a valid Rhode Island drivers license.

2. Maintain their physical fitness in accordance with minimum entrance requirements.

3. Attend any school and/or training as required by the Town.

(Ord. 8/6/87)

16-2 Rules and Regulations of the Fire Department.

16-2.1 Preface.

All members of the Fire Department are hereby directed to make themselves thoroughly acquainted with the Rules and Regulations of the Fire Department and all general and special orders. These Rules and Regulations are intended for the general guidance of the entire Fire Department and cannot be expected to cover every specific act of duty. Ignorance of the Rules and Regulations will not be considered as an excuse for non-compliance; it is the duty of all members to thoroughly familiarize themselves with the rules of the service, and whoever neglects to do so thereby neglects his duty.

In addition to their duties as hereinafter set forth, members of the Department shall perform such other duties as may be required of them by their superior officers.

16-2.2 Administration.

a. Organization. The organization of the Fire Department is set according to the following: a Department consisting of Chief, Captain, two (2) Lieutenants, and any full-time or part-time firefighters as may be appointed by the Town Council.

b. Duties. The principal duties of the full time and part-time members of the Fire Department shall consist generally of the prevention, control, and extinguishing of fires, together with all necessary service functions as are presently conducted by the Fire Department (Job Description, subsection 16-2.6c) and as set forth in the Rules and Regulations of the Fire Department.

(Ord. 9/20/90; Ord. 1/24/91, §1)

16-2.3 Chief of the Department.

a. Duties of the Chief. The Fire Chief shall, subject to the approval of the Town Council, make rules and regulations concerning the operation of the Department and the conduct of all members thereof. He shall assign all subordinates to their respective posts, shifts, details, duties, and shall be responsible for their efficiency, discipline, and good conduct, and for the care and custody of all property used by the Department.

b. Management at Fires. The Fire Chief shall perform such duties as may be required by law and ordinance and shall have control and management of the Department at fires and all other emergencies and shall have the power to direct and assign all subordinates, companies, and appurtenances belonging to the Department and shall direct such measures as he shall deem proper and necessary for the control and extinguishment of fires. In the absence of, or until the arrival of the Chief, the highest ranking officer or, in the absence of an officer, the senior full time firefighter in attendance shall be in command and have control over all operations at all fires and emergencies to which the department responds.

c. Maintenance of equipment. The Fire Chief shall, by personal inspection or through assignment to an officer or another full time firefighter, satisfy himself that all apparatus and equipment in the Department is maintained in good condition and available for instant use. When it is necessary to place equipment or apparatus out-of-service for repairs, he shall have the authority to transfer any equipment or apparatus that he may have at his command.

d. Maintenance of Buildings. The Fire Chief shall, by personal inspection or through assignment to an officer or another full time firefighter, satisfy himself that the fire station is kept clean and in good repair and that all furnishings therein are well maintained.

e. Dispatching Apparatus. The Fire Chief shall have the authority to dispatch apparatus out of the Town whenever he deems it necessary provided the security of the Town is not jeopardized. The Town Council President is to be notified of such action.

f. Inspections. The Fire Chief shall frequently inspect the station and records required by him and, when necessary, give instructions for keeping such records and the proper making of reports.

g. Inspection of Public Buildings. The Chief and/or the Fire Prevention Officer shall make complete inspection coverage of all public buildings and shall encourage public acceptance of residential inspections on a volunteer basis. He shall make all efforts to further safety facilities in public buildings, manufacturing plants, business occupancies, hospitals, and convalescent homes.

h. Fires of Suspicious Origin. The Chief and the Fire Prevention Officer shall investigate all building fires and any other fires of suspicious origin to determine probable cause, and in any cases of criminal intent, work with the Police Department and the State Fire Marshal's Office to bring the offenders to justice.

i. Reports The Fire Chief shall make all reports to the Town Council as required by him and shall make special reports on any matter which requires his attention. He shall require his officers and firefighters to furnish him such reports and data as will enable him to be prepared at any time to inform the Town Council concerning the conduct or efficiency of any individual or group and the condition of the building, apparatus, or equipment of the Department and of work accomplished.

j. Orders. The Fire Chief may issue such orders for the government of the Department as he may deem necessary.

k. Duties of the Captain. The Captain shall have the duties that are assigned to him by the Chief from time to time and shall work the hours as prescribed by the Chief of the Fire Department and the Town Council.

1. Absence of Chief. During the times that the Chief of the Department shall be unavailable, the Chief shall designate the Captain to act in his stead. He shall perform all duties of immediate concern that would normally be performed by the Chief. In the absence of or until the arrival of the Chief of the Department, the Captain shall be in command and have control of all fires to which he responds. He shall discharge and perform such other duties as the Chief shall prescribe.

2. The Captain shall be the training officer of the department under the direction and control of the Fire Chief. He will have the responsibility of developing and instituting training programs for both paid and volunteer members of the Department. Any training program(s) will meet national standards and/or accepted Fire Department practices. Training records shall be maintained by the Captain and copies of any and all records shall be given to the Chief on a monthly basis.

3. The Captain shall also perform all other normal day to day duties as shall be required on a normal shift.

l. Reserved.

m. Fire Prevention. The Chief shall be the Fire Prevention Officer of the Department and shall have the general supervision of all types of fire prevention activities.

n. Removal of Combustibles. The Fire Prevention Officer shall take whatever action necessary to have removed or alleviated any accumulation of rubbish or combustible material or other hazards.

o. Cooperation with Building Inspector. The Fire Prevention Officer shall cooperate with the Building Official in surveying plans for new construction with the intent of incorporating fire preventive construction, exit facilities, and other protection devices that come under this jurisdiction.

p. Duties of the Lieutenant. The Lieutenant shall have the duties that are assigned to him by the Chief or Captain.

1. The Lieutenant(s) shall organize all fire and ambulance reports and compile information into the computer data base on a regular basis.

2. The Lieutenant(s) shall assist the Captain with training classes as needed.

3. The Lieutenant(s) shall assist with department administrative activities as assigned by the Chief.

4. The Lieutenant(s) shall also perform all other normal day to day duties as shall be required on a normal shift.

(Ord. 9/20/90; Ord. 1/24/91, §2; Ord. 2/20/97; Ord. 4/23/97)

16-2.4 General Duties.

a. Station Duties. Officers or firefighters on duty shall be in direct charge of and be responsible for the care, cleanliness and preservation of the station, apparatus, and all other equipment and material assigned to the station, and shall keep grounds around the station neat and clean, the grass mowed, and sidewalks adjacent to the station clear of snow and ice or other encumbrances. Also, they may be assigned other duties at the direction of the Chief of the Department.

b. Undesirable Visitors. Officers or firefighters shall not allow intoxicated or undesirable persons in or about their station nor allow the use of the station for any purposes except by permission of the Chief of the Department.

c. Gasoline Storage. Each officer or firefighter shall see that no gasoline is used in or about the station for cleaning purposes nor shall any smoking be allowed, or naked flame be made, while or where gasoline is being pumped or handled.

d. Property and Equipment. Each officer or firefighter shall not allow any addition to, alteration of, or destruction of any part of the station, apparatus, or equipment except when properly ordered or authorized by the Chief of the Department.

e. Injury Report. Each officer or firefighter shall make a written report to the Chief when any member of their command is injured or taken seriously ill stating details of such injury or illness.

f. Accident Reports. Each officer or firefighter shall make an immediate report, in person or by telephone, to the Chief of all accidents, collisions, or other occurrences resulting in the loss of life, injury to persons, or damage to property, however slight, and all other extraordinary or unusual occurrences of any nature when happening to members or property of the Department, or to persons or property of others, in connection with the operations of the Department and shall, as soon as circumstances and time permit, forward to the Chief of the Department a complete report in writing of each such accident, collision or other occurrences. The Chief shall immediately notify the President of the Town Council.

g. Daily Report Sheets. Each officer or senior duty man will be responsible for keeping record of all fires to which he responds as well as a record of all radio and telephone messages received in the station.

h. Requisitions. Each officer or firefighter shall make proper requisitions to the Chief of the Department for all necessary supplies, needed appliances, tools, and furnishings.

i. Use of Utilities. Each officer or firefighter shall prevent waste or unnecessary use of water, gas, electricity, or fuel allowing sufficient usage for comfort, being careful to turn off all lights not required.

j. Visitors to Station. Each officer or firefighter shall politely escort visitors or see that they are escorted through the station and see that a courteous explanation concerning the apparatus and equipment is made to them.

k. Repairs to Apparatus. Each officer or senior duty man shall report to the Chief whenever apparatus is placed out of service for repairs and also when repairs are completed and apparatus is ready for service, entering upon the Daily Report Sheet the time it was placed out-of-service, the nature of repairs, the time it was placed in service, and their initials.

l. Condition of Apparatus. Each officer or firefighter shall see that all vehicles and equipment in the station, whether or not in service, including motor and pump, is kept clean, polished and is in condition and ready for immediate use. In case a vehicle or any equipment is, at any time, in need of repairs, they shall, at once, report the same to the Chief.

m. Drivers. Only authorized personnel shall be allowed to operate any Town-owned vehicle or equipment. Said personnel shall be required to possess a valid Rhode Island operator's license.

n. Obstruction to Driveway. No person, whether or not a member of the Fire Department, shall park his automobile in the driveway in front of any door where it will obstruct the responding of fire apparatus or rescue vehicles to a fire or other emergency duties.

(Ord. 1/10/85; Ord. 9/20/90)

16-2.5 General Rules.

a. Fire Service. All members of the Fire Department should bear in mind that they have been employed and sworn to render fire service and other related duties to the Town, which service the Town has a legal and moral right to demand at whatever time and occasion it becomes necessary.

b. Sick Leave. Whenever a member of the Fire Department shall be on sick leave, he shall be confined to his residence, going to, at, or returning from a doctor's office or at a place that is known to the Chief. The Chief may request a doctor's certificate of illness after five (5) consecutive sick leave days.

c. Annual Leave. In order for consideration to be given for any annual leave request it is required that the request be submitted at least two (2) weeks prior to the dates being requested. All requests must be in writing and signed by the member requesting annual leave. Only one (1) member will be allowed on annual leave at a time. In the case of conflicting dates seniority will dictate so long as the request has been made within the proper time.

d. Orders. Any order given by a superior officer must be carried out as ordered. After the order has been carried out, if it appears to have been improper or unreasonable, an appeal may be made to the proper authorities. However, any refusal or evasion of such order shall constitute a breach of the Rules and Regulations and will be dealt with as such.

e. Chain of Command. There shall be a "chain of command" within the department as follows:

Town Council

Chief

Captain

Lieutenant

Firefigther

In the case of equal rank, length of service within said rank, shall determine the senior officer.

This "chain of command" shall pertain to all decisions as well as to the solving of any problems or grievances that may arise.

f. Off-Duty Personnel. All members of the department shall maintain a telephone and shall keep the Chief informed as to the correct number and address of such member.

g. Use of Title. No member of the Department shall use the Department, his title, or uniform for any purpose not approved by the Chief of the Department.

h. Smoking. No member of the Department shall smoke while driving a fire apparatus. No member of the Department shall smoke while driving or riding in the rescue truck while responding to a call or while transporting a patient.

i. Sleeping Quarters. All members of the Department when in the station shall rise not later than 7:00 a.m. and beds shall not be used between 7:00 a.m. and 10:00 p.m. except in case of illness, injury, or with permission of the Chief. No visitors shall be allowed in sleeping quarters.

j. Hydrants and Water Supply; Street Locations. All members of the Department must make themselves familiar with the location and operation of all hydrants and available water supplies in the Town. Members of the Department must memorize the names and location of all streets in the Town, and the location of schools, churches, and other public buildings.

k. Defects in Equipment. In the interest of the Department, all members are required to keep their superior officers informed of all matters that should be brought to their attention concerning troubles or defects in the Department's equipment or information pertaining to outside conditions that might effect the running of the Department.

l. Conduct of Personnel. All members are required to observe a courteous and respectful demeanor in dealing with officers and men. Officers shall be addressed by their proper titles. Religion or politics shall not become a matter for argument in or about the fire station.

m. Attitude. Criticisms of superior officers, discourtesies to the public or members, unjust treatment of officers or members, and movements tending to create dissensions or appearing to ignore responsible officials will be considered breaches of discipline and shall be dealt with accordingly.

n. Improper Language. Members shall not use profane, immoral, or improper language in or about the fire station nor shall they be guilty at any time of conduct prejudicial to the good reputation of the Department. Intoxicating liquors shall not be brought, kept, or drunk in or about the fire station.

o. Gambling. Gambling or games of chance shall not be allowed in the station.

p. Care of Property. Members of the Department will be held responsible for the safe-keeping, proper use, and return of all Department property entrusted to their care. They shall not loan it to any person either in or out of the Department or use it for anything but its legitimate purpose in the Department except by order of the Chief of the Department.

q. Station Duties. Members shall see that beds are made, dishes washed, and all Department premises are kept clean at all times. Any member finding anything broken in the station shall report the same to the Chief.

r. Sleeping on Apparatus. Members shall not lay or sleep on any apparatus or in any automobile used by the Fire Department while it is in the station.

s. Off Station Duty. Members of the Department who are off station duty shall not interfere with members who are on station duty or other Fire Department duty.

t. Care of Equipment. Drivers of apparatus under the direction of their superior officer shall be responsible for the care and management of the apparatus. They shall at all times use proper caution for safety. Motor apparatus or other vehicles of the Department shall not be operated at a speed that will endanger the lives of the public or members of the Department or cause injury to property or equipment. No apparatus shall be driven over any hose unless it cannot be avoided.

u. Changing Tour of Duty And/Or Leaving Station. No member of the Department shall trade or exchange his designated tour of duty except by permission of the Chief. No member of the Department shall leave the station while on duty except for fire or emergency duty or unless directed or given permission to do so by the Chief or senior officer on duty.

v. Protective Clothing. All members of the Department shall make use of and wear protective clothing when responding to alarms of fire and shall take all efforts to protect themselves from injury or exposure by its use.

w. Surrender of Property. Upon any member of the Department resigning, being discharged, or in any other manner vacating his position, he shall, prior to the final settlement of his accounts, surrender all property in his possession belonging to the Fire Department to the Chief.

x. Firearms of any type are forbidden in the fire station or on the immediate surrounding premises unless on the person of a Town, State or Federal law enforcement official. Furthermore, no full time or volunteer firefighter or any other person shall violate any Town ordinance or State law while in or on the above mentioned premises. Its hall be the responsibility of the firefighter on duty to report any suspected violations of the above to the chief immediately.

y. Routine Administration. Routine administration of the Department shall be directed by various general orders as issued by the Chief of the Department as the need arises.

z. Violation of Rules and Regulations. A strict observance of all rules, regulations, and orders is insisted upon, and failure on the part of any member to promptly report violations of the Rules and Regulations to the Chief of the Fire Department or the superior officer, or to fully comply with all Rules and Regulations shall be considered neglect of duty and cause for suspension. Charges against a member for the violation of Rules and Regulations of the Fire Department shall be made in writing to the Chief of the Fire Department, who will, in turn, forward said charges to the Town Council.

(Ord. 12/20/84; Ord. 1/10/85; Ord. 3/5/87; Ord. 2/9/89; Ord. 9/20/90; Ord. 1/24/91, §3)

16-2.6 Miscellaneous Provisions.

a. Partial Invalidity. If any subsection or part of these Rules and Regulations shall be held invalid by a Court of competent jurisdiction, such holding shall not affect the remainder of these Rules and Regulations nor the context in which such subsection so held invalid may appear except to the extent that an entire article or part of an article may be inseparably connected in meaning and effect with the article or part of an article to which such holdings shall directly apply.

b. Residence. No member of the Fire Department shall be permitted to claim any fire station as his place of residence.

c. Job Description. Any full time employee of the Little Compton Fire Department shall be required to be:

1. Firefighter/Dispatcher - to be familiar with and know how to use all pieces of fire fighting equipment; to be familiar with and know how to use all dispatching equipment; to know the location of all roads in Town and be familiar with the house numbering system; all firefighters shall hold a valid Rhode Island drivers license.

2. A Certified EMT - to be familiar with and know how to use all pieces of emergency life saving equipment, to take all courses and pass all requirements in order to keep EMT certification current.

3. In addition any full-time Fire Department employee shall be required to perform other duties upon order of the Fire Chief that from time to time the Chief may deem necessary for the orderly and efficient operation of the Fire Department and the overall good of the Town.

(Ord. 1/10/85; Ord. 7/9/87; § 1; Ord. 9/20/90)

16-2.7 Fire Department Entrance Requirements.

a. Candidates for the Position of Firefighter/Emergency Medical Technician/Dispatcher, Will Be Required to Meet the Following Minimum Standards:

1. The candidate shall be at least eighteen (18) years of age, proof of age will be required.

2. The candidate shall be of good character.

3. The candidate shall have a valid Rhode Island drivers license.

4. The candidate shall have a high school diploma or a state recognized equivalent.

6. The candidate shall pass the medical and physical fitness requirements of the Town of Little Compton.

7. Candidates will be graded and ranked according to their abilities in the written examination, the physical fitness test, and an oral interview.

b. Candidates Whose Names Are Placed on an Eligibility List as a Result of the Above Requirements Will Be Required to Meet the Following Additional Standards:

1. Having successfully completed a course of study to meet the eligibility standards of the Rhode Island Health Department, the candidate must submit to an examination for licensure as an Emergency Medical Technician-Ambulance before completion of probationary employment.

2. The candidate shall be found psychologically fit for duty as a Firefighter/Emergency Medical Technician/Dispatcher.

3. Any candidate who has had a weight loss or gain of ten (10) pounds or more subsequent to placement on the eligibility list will be required to resubmit to a test of their physical fitness.

c. Upon Acceptance into the Fire Department as Probationary Employee, Candidates Will Be Required to Contract with the Town of Little Compton to:

1. Maintain a valid Rhode Island drivers license.

2. Maintain their physical fitness in accordance with the minimum entrance requirements.

3. Attain and maintain Rhode Island Certification as an Emergency Medical Technician at the skill level selected by the Town of Little Compton as appropriate to the needs of the community.

4. Attend any Dispatcher, EMT, and Firefighter school and/or training as required by the Town.

(Ord. 3/5/87; Ord. 7/9/87; Ord. 7/20/89)

16-2.8 Ambulance Reimbursement Fund.

a. Creation. An ambulance reimbursement fund is hereby created that shall be authorized to receive and expend monies from reimbursement payments received from third party billers. All revenues generated by said reimbursement payments shall be deposited in the Ambulance Reimbursement Fund and expended by the Town Council for Fire Department equipment and other related expenses. (Ord. 8/21/03)

CHAPTER XVII CEMETERIES

17-1 Legislative Authority.

In pursuance of the powers conferred upon the Town Council of the Town of Little Compton by Title 23, Chapter 18 Section l0 of the General Laws of Rhode Island as amended. (Ord. 7/23 87)

17-2 General Provisions.

17-2.1 Cemeteries to Be Approved by Town Council.

No cemetery, nor any extension of an already existing cemetery, shall hereafter be established in the Town of Little Compton without the consent and approval of the Town Council. (Ord. 7/23 87)

17-2.2 Disinterment of Human Corpse.

No person shall remove from its place of burial in this Town the body of any human being without first securing a permit from the Town Clerk. No cadaver or remains shall be removed as aforesaid unless the owner of such land shall give notice by certified mail to the nearest of kin known to him, and by advertising in one (1) or more daily newspapers having circulation within the Town at least once a week for three (3) successive weeks. In the event there shall be no nearest of kin known to such owner or that the nearest of kin shall neglect or refuse to approve the removal and interment, the Department of Health shall cause the cadavers or remains to be removed, transferred and interred in such other cemetery in accordance with the laws, rules and regulations of the religious denomination, if any shall be known or ascertained, to which the deceased subscribed. (Ord. 7/23/87)

17-2.3 Provisions of Chapter Supersede Town Zoning Laws.

The provisions of this chapter shall be construed to supersede any provision of the zoning laws of the Town, or any amendment or addition thereto, relative to the use of land for cemetery purposes. (Ord. 7/23/87)

17-2.4 Burial to Be Done in Approved Cemeteries.

It shall be unlawful for any person to bury, or cause to be buried any dead body or dig or cause to be dug any grave in the Town except in an already existing cemetery or one hereafter established by the Town Council. (Ord. 7/23/87)

17-3 Establishment, Extension of Cemeteries.

17-3.1 Application Required; Fees.

Any application for the establishment of a cemetery or the establishment of an extension to an existing cemetery shall set forth the name and post office address of the owner of the land, the part or parts thereof to be used for burial purposes, and the part or parts thereof to be used for screening purposes, and such other information as may be helpful to the Town Council in its consideration of the application. Such applicant shall pay to the Town Council a sum sufficient to pay for the cost of advertising the application. This information shall be submitted on a plat plan and said plan if approved shall be filed in the Land Evidence Records of the Town. (Ord. 7/23/87)

17-3.2 Referral of Application to Planning Board.

Any application for the establishment of a cemetery or for an extension to any already existing cemetery shall be referred to the Planning Board for its consideration and recommendations. (Ord. 7/23/87)

17-3.3 Consideration by Planning Board; Recommendations; Bond.

The Planning Board shall consider, among other things, the need for the proposed cemetery or extension, and the desirability of its location, as to population density and public health, and report its findings to the Town Council.

The Planning Board may also consider and recommend to the Town Council any conditions that should be imposed on the applicant relative to landscaping and the setting aside of part of the proposed area for screening purposes. It may also recommend that a bond be furnished by the applicant for the fulfillment of any conditions imposed by the Town Council, and the amount thereof. (Ord. 7/23/87)

17-3.4 Notice of Hearing on Application.

On receipt of the report of the Planning Board the application required by this section shall be set down for a public hearing to a day certain, and the Town Clerk shall cause notice thereof to be mailed, postage prepaid, to every person owning land within two hundred (200) feet of the proposed cemetery or extension and public notice thereof by advertisement once in a newspaper having a general circulation in the Town. (Ord. 7/23/87)

17-3.5 Conditions of Approval to Be Specified.

In case the Town Council grants the application to create or extend a cemetery, it shall set forth specifically the area to be used for burial purposes and such other conditions as it may see fit to impose on the applicant. (Ord. 7/23/87)

CHAPTER XVIII PLAT PLANS

18-1 Deeds Filed for Recording.

All deeds filed for recording in the Land Evidence Records of the Town shall refer to an assessor's plat and lot number. If a change is made in the size and/or shape of a lot of record, the deed shall be accompanied by a plat plan to be approved by the Plan Commission and, after approval, will be filed in Town Records with the Office of the Town Clerk. (Ord. 10/22/87, § 1; Ord. 8/5/93)

18-2 Preparation of Plat Plans.

All plat plans shall be prepared by a registered professional engineer or land surveyor and shall contain the following information and data:

a. A title block in the lower right hand corner showing the name of the subdivision, name and address of the owner of record, name and stamp of the registered professional engineer or land surveyor, date, north point, scale, and plat and lot number of the property being subdivided as shown on the Tax Assessors Maps on file in the Town Hall. Lots created by subdivision shall be numbered using the number of the lot being subdivided followed by a dash (-) one (1), dash (-) two (2), etc. The scale of the plan shall be one hundred (100) feet to one (1) inch. The title block shall provide space for dates of revision. The sheet size shall be eighteen (18) inches by twenty-four (24) inches, including a minimum one-half (1/2) inch border on three (3) edges and a one and one-half (1 1/2) inch border on the binding edge, which shall be the left twenty-four (24) inch edge. Five (5) plat plans are required.

b. Five (5) plat plans reduced to a scale of one (1) inch equals two hundred (200) feet on the same size paper as specified in above will also be required.

c. All plat plans submitted for recording shall be accompanied by a copy of the present Tax Assessor’s map for plat and lot involved.

d. All plat plans submitted for recording shall identify any existing structures on any and/or all lots.

e. All plat plans submitted for recording shall identify areas of easements and/or buffer zones and show acreage involved in said areas.

(Ord. 10/22/87, § 2; Ord. 11/9/89)

18-3 Fee for Recording.

Any plan presented for recording shall be accompanied by a fee as set forth in Rhode Island General Laws, 1956, as amended, 34-13-7. (Ord. 10/22/87, § 3)

18-4 Application for Recording.

An application in a form approved by the Town requesting that a plan be recorded shall be signed by the owner(s). If the owner is being represented by counsel, the aforementioned form shall so state. Signatures shall be notarized. (Ord. 10/22/87, § 4)

18-5 Roads or Improvements.

On all subdivisions and/or plat plans requiring a new road, paving or improvement of said road will not be waived if said road services over one (1) lot. Also, any further subdivision on a substandard road shall not be allowed until said substandard road is improved according to the specifications in effect in Chapter XIII. (Ord. 11/9/89)

18-6 Taxes.

All Little Compton taxes must be current before any plat plan can be recorded. A statement from the Town Treasurer is required. (Ord. 11/9/89)

CHAPTER XIX DISABILITY RETIREMENT - POLICE, FIRE, EMT

19-1 Definitions.

When used in this chapter:

a.1. Officer shall mean full time police officers employed on a full time basis by the Little Compton Police Department.

2. FF/EMT as used herein shall mean full time fire fighters and emergency medical technicians employed on a full time basis by the Little Compton Fire Department.

b. Disability retirement shall mean the retirement of an officer-FF/EMT pursuant to injuries and/or illnesses incurred in the line of duty pursuant to R.I.G.L. 45-19-19.

c. Injured on duty status shall mean to have suffered an injury or contracted an illness in the line of duty or while performing police-FF/EMT duties.

d. Injury or illness incurred in the line of duty or while performing police-FF/EMT duties shall mean any injury or illness, caused by an incident or trauma, or series thereof, which is demonstrated to a reasonable degree of medical certainty based on the factual and medical evidence to have occurred during the performance of police-FF/EMT duties.

e. Performance of police-FF/EMT duties shall mean the performance of the full range of duties regularly expected of an officer-FF/EMT as set forth in the respective Collective Bargaining Agreements between the Union representing the officers and/or the FF/EMTs and the Town and the Rules and Regulations of the Little Compton Town Code, as amended. It is further understood that any physician performing a medical examination or participating in a medical arbitration pursuant to this chapter will be provided with a copy of the specific sections of the Rules and Regulations which relate to the full range of duties expected of an officer-FF/EMT when determining the disability of any officer-FF/EMT.

f. Physician shall include medical doctors and psychologists and/or psychiatrists.

g. Regular retirement shall mean the retirement of any officer-FF/EMT who has completed twenty-five (25) years of service for the Town of Little Compton pursuant to the respective Collective Bargaining Agreements between the Union representing the officers and/or FF/EMTs and the Town.

h. Retirement for health related conditions shall mean the retirement of any officer-FF/EMT who is injured and/or incurs illness not in the line of duty; has completed at least ten (10) years of service for the Town of Little Compton; and is incapable of performing the full range of duties expected of an officer-FF/EMT. Said officer-FF/EMT will be retired pursuant to Town of Little Compton Pension Plan and this chapter.

i. Total disability shall mean the inability to perform police-FF/EMT duties because of an injury or illness suffered by the officer-FF/EMT.

(Ord. 6/19/97, §1)

19-2 Disability in the Performance of Duty.

Any officer-FF/EMT who suffers an injury or illness in the line of duty and is incapable of performing police-FF/EMT duties may be placed on disability retirement under the following procedure:

a.1. Any officer-FF/EMT who remains absent from work for six (6) consecutive months in an injured on duty status (IOD) or who, at any time, petitions for a disability retirement under this section shall, at the request of the Town, submit to a medical examination by a physician of the Town's choosing. The medical examination may include a psychiatric or psychological examination if the officer-FF/EMT claims that his or her illness or injury is related to any mental condition or mental illness, or, if the examining physician deems such an examination reasonably necessary to determine whether the officer-FF/EMT is disabled.

2. The cost of the examination shall be borne by the Town.

3. If the officer's-FF/EMT's treating physician and the Town's physician agree that the officer-FF/EMT has, or has not, become incapable of performing police-FF/EMT duties as defined in Section 19-1e, the determination shall be binding upon the parties and the officer-FF/EMT will either return to duty or be placed on disability retirement according to this determination.

4. If the officer's-FF/EMT's treating physician disagrees with the findings made by the Town's physician, the officer-FF/EMT shall have the right to be examined by a neutral physician selected according to the procedure provided for in Section 19-3.

b. At the Town's request, any officer-FF/EMT who has been absent from work for five (5) consecutive work days or more shall provide to the Town (i) all medical records relating to the absence by treating or diagnosing physicians or hospitals, including records of diagnostic tests, or (ii) a medical records release allowing the Town to obtain the medical records directly. The Town shall cause copies of records it obtains, by virtue of such a release, to be sent to the officer-FF/EMT. The Town shall keep all records under seal and absolutely confidential and these records may only be reviewed by the Town's legal counsel, and if consultation is necessary, counsel may review said records with the Town Council, Police or Fire Chief and/or the Town's selected physician. Any further review of medical records must be done with the officer's-FF/EMT's express written consent.

(Ord. 6/19/97, §2)

19-3 Physician Medical Examinations and Medical Arbitration.

a. In any case in which a neutral examining physician is to be selected, the parties will utilize the following procedure:

1. The Town's physician and the officer's physician shall select the physician to conduct the examination of the officer-FF/EMT (i.e., the neutral physician). Whenever possible, the neutral physician shall be employed by or have privileges at a teaching hospital in the State of Rhode Island or the Commonwealth of Massachusetts. The officer's-FF/EMT's physician, after consultation with his patient, and the Town's physician, after consultation with Town authorities, shall select the neutral hospital and the neutral physician who has privileges or is employed by that hospital. The parties shall utilize the neutral hospital to the extent that the services of said hospital are needed in connection with the examination. If the Town's physician and the officer's-FF/EMT's physician cannot agree on a neutral physician, then the parties shall have the Director of the Rhode Island Medical Society select a physician whose primary specialty is in a related area of that disabling injury/illness. The physician selected must be in a practice and not an independent medical examiner for hire.

b. The Town shall identify, in writing, to the officer-FF/EMT and his/her representative the records which it intends to submit to the neutral physician. Within fourteen (14) days of the receipt of such notice, the officer-FF/EMT may demand in writing that the Town submit to the neutral physician specific additional documents which the officer-FF/EMT believes should be considered by the neutral physician. The officer-FF/EMT shall provide the additional documents to the Town, unless the Town and the officer-FF/EMT agree that the Town already has the documents in its possession. Upon the expiration of the fourteen (14) days, the Town shall submit the documents, including any designated by the officer-FF/EMT, to the neutral physician.

c. No information in addition to that submitted to the neutral physician pursuant to paragraph b. of this section shall be submitted to the neutral physician unless there was a significant oversight in the documents submitted by either party or there are significant medical developments between the time of the original submission of information and the time of the examination. In the event of such circumstances and/or developments, relevant medical records must be submitted by the party seeking to have the neutral physician consider the records to the other side and the neutral physician at least forty-eight (48) hours before the examination. Neither the Town nor the officer-FF/EMT shall communicate with the neutral physician prior to the examination except as necessary to schedule the examination and to forward medical records and documents for the neutral physician's consideration.

d. The neutral physician and the officer-FF/EMT shall schedule the examination. The examination shall take place as soon as possible. The officer-FF/EMT shall be required to attend the examination as scheduled unless a bona fide emergency prevents the officer-FF/EMT from attending. In the event of such an emergency, the officer-FF/EMT shall give notice to the Town and the neutral physician at the earliest possible opportunity and a new examination date shall be agreed upon.

e. The results of the examination shall be mailed to the Town, the officer-FF/EMT, and their physicians.

f. If the officer-FF/EMT does not attend, or refuses to attend, or to cooperate, in the scheduling or conduct of the examination, the officer-FF/EMT shall be deemed fit for duty. In such circumstances, the Town shall notify the officer-FF/EMT of his or her fitness for duty and obligation to report for duty.

g.1. The neutral physician shall determine whether the factual and medical evidence demonstrates to a reasonable degree of medical certainty that (i) the officer-FF/EMT is incapable of performing the full range of police-FF/EMT duties expected of an officer-FF/EMT as defined in Section 19-1e; and (ii) the officer-FF/EMT became disabled in the course of performing Police/Fire Department duties. The neutral physician's determination shall be binding on the Town and the officer-FF/EMT.

2. If the neutral physician finds that the officer-FF/EMT has become totally disabled in the course of performing his or her official duties, the Town shall process the officer-FF/EMT for disability retirement as set forth in Section 19-4.

3. If the neutral physician finds the officer-FF/EMT fit for duty, the office-FF/EMT shall report for duty within forty-eight (48) hours after receiving the physician's finding. If the officer-FF/EMT fails to so report, he or she shall be deemed to have voluntarily resigned his or her position.

4. If the neutral physician determines that the office-FF/EMT is incapable of performing the full range of duties normally expected of an officer-FF/EMT as defined in Section 19-1e. but the medical and factual evidence does not show within a reasonable degree of medical certainty that the officer's-FF/EMT's injury or illness was caused in the performance of police-FF/EMT duties, the officer-FF/EMT shall not be required to return to duty but the following options will be considered:

(a) The officer-FF/EMT may be processed for retirement and, if eligible, receive a retirement due to health related conditions; if the officer-FF/EMT is not eligible (less than ten (10) years service), then the officer-FF/EMT would be entitled to any retirement benefits to which he or she would be entitled under State law, Town Ordinance, or the respective Collective Bargaining Agreements.

(b) If the officer-FF/EMT has any accrued sick leave, the Town shall elect to allow the officer-FF/EMT to utilize all said sick time and, at the expiration of said sick time, to be reexamined by the neutral physician to determine if the officer-FF/EMT is capable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e. If the officer-FF/EMT is incapable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e, then the officer-FF/EMT may be processed for a retirement due to health related conditions, if eligible, and if ineligible, will be afforded any retirement benefits to which he or she may be entitled under State law, Town Ordinance, or the respective Collective Bargaining Agreements.

(Ord. 6/19/97, §3)

19-4 Disability Retirement Benefit.

a. Any officer-FF/EMT disabled while performing police-FF/EMT duties shall receive a disability retirement in lieu of workers compensation of sixty-eight (68%) percent of the officer's-FF/EMT's annual salary at the time of his or her disability retirement in accordance with R.I.G.L. § 45-19-19.

b. Any officer-FF/EMT receiving disability benefits under paragraph a. of this section shall also receive (i) the same health coverage benefits as an officer-FF/EMT receiving a normal retirement pension in accordance with the respective Collective Bargaining Agreements between the Union representing the officers-FF/EMTs and the Town in effect at the time of the disability retirement; and (ii) to the extent required by State law, payment for medical expenses arising out of the injury or illness which caused the officer-FF/EMT to retire.

c. Any officer-FF/EMT receiving disability benefits under subsection (a) of this section shall not (i) accumulate sick time; (ii) receive clothing or cleaning allowance; (iii) receive holiday pay; or (iv) continue to accumulate or be paid for vacation days or longevity after the date that the officer-FF/EMT began receiving disability benefits under paragraph a. of this section.

(Ord. 6/19/97, §4)

19-5 Disability Retirement Evaluations.

a. At the Town's discretion, any officer-FF/EMT on disability retirement shall be subject to an annual medical examination to verify the officer's-FF/EMT's medical condition and to determine whether the officer-FF/EMT is still incapable of performing the full range of police-FF/EMT duties normally expected of an officer-FF/EMT as defined in Section 19-1e. The Town shall have the right to waive the annual examination requirement for an officer-FF/EMT when the nature of the officer's-FF/EMT's disability clearly demonstrates that the officer-FF/EMT remains incapable of performing the full range of duties expected of an officer-FF/EMT.

b. A physician selected by the Town shall perform the examination. If the Town's physician notifies the Town that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer-FF/EMT is capable of returning to police-FF/EMT duties as defined in Section 19-1e, the Town shall so notify the officer-FF/EMT in writing within fifteen (15) days of receiving such notice. Within thirty (30) days of receiving notice from the Town, the officer-FF/EMT may submit to the Town a medical opinion from the officer's-FF/EMT's treating physician regarding the officer's-FF/EMT's ability to perform the full range of police-FF/EMT duties as defined in Section 19-1e. Both medical opinions shall set forth the factual and medical evidence, including any test results, upon which the physician relies in basing his/her opinions. If the two (2) physicians agree that the officer-FF/EMT is capable of performing police-FF/EMT duties as defined in Section 19-1e, then the officer-FF/EMT will be returned to duty unless processed for a regular retirement in accordance with Section 19-1g. Rank adjustments will be made and placement will be made according to seniority with no broken time and the least senior officer-FF/EMT will be laid off. If the two (2) physicians do not agree, the parties will follow the procedure for the selection of, and examination of, the officer-FF/EMT by a neutral physician, in accordance with Section 19-3 of this chapter.

c. If the neutral physician finds that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer-FF/EMT is capable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e, then the Town may require the officer-FF/EMT to report to duty within forty-eight (48) hours. This duty may be modified to include EMT recertification, if necessary, and any other required certification, prior to a return to full duty. If the officer's-FF/EMT's time of service, including the time of disability, is more than twenty-five (25) years, the Town shall process the officer-FF/EMT for a regular retirement in lieu of reporting for duty. If the officer's-FF/EMT's time of service, including any periods of disability, is less than twenty-five (25) years of service and he or she fails to report for duty, he/she shall be deemed to have voluntarily resigned and will receive whatever benefits and credits the officer-FF/EMT is entitled to under Town Ordinance, Town Pension Plan, State law and the respective Collective Bargaining Agreements.

d. If the neutral physician finds that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer-FF/EMT is incapable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e, then the officer-FF/EMT will remain on disability retirement unless a future examination determines that the officer-FF/EMT is capable of performing the full range of police-FF/EMT duties as defined in Section 19-1e.

e.1. The Town shall pay for the cost of the examination by its physician. The Town will also pay the reasonable travel expenses incurred by the officer-FF/EMT to attend said examination if the officer-FF/EMT legally resides outside of New England and must travel to New England for the exams or more than one hundred twenty (120) miles from his or her legal residence to the place of exam if in New England. Any officer-FF/EMT who legally resides outside of New England shall notify the Town if he or she intends to be in New England at or about the time the officer-FF/EMT is due for his or her annual examination so that the Town can attempt to schedule the examination to coincide with the officer's-FF/EMT's presence in New England in order to avoid having to pay the reasonable travel expenses of another trip to New England. The Town will then either (i) notify the officer-FF/EMT that they will set an examination at a mutually convenient time while the retired officer-FF/EMT is in New England; (ii) notify the officer-FF/EMT that the Town reserves its right to set an examination for the current year at a time other than when the retired officer-FF/EMT is in New England, subject to the remaining provisions in this paragraph e,1; or (iii) waive the requirement for an examination in the current year. In lieu of paying travel expenses, the Town may select a physician within a fifty (50) mile radius of where the officer-FF/EMT is then residing to conduct the examination.

2. The Town shall pay for the examination by the neutral physician, but the officer-FF/EMT shall be responsible for any costs that he/she must incur to make him/herself available for the examination by the neutral physician.

(Ord. 6/19/97, §5)

19-6 Sickness, Injuries, and Illnesses not in the Performance of an Officer's - FF/EMT's Duties: Retirement Due to Health Related Conditions.

a. If a determination is made pursuant to Section 19-3 that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that an officer-FF/EMT suffered an injury or illness not in the line of duty, (or if the parties agree that the illness or injury was not in the line of duty) and the officer-FF/EMT is incapable of performing police-FF/EMT duties, the officer-FF/EMT will be afforded those procedures outlined in Section 19-1h. and will be entitled to all rights and benefits allowed by this particular chapter, the respective Collective Bargaining Agreements, Town Ordinance, Town Pension Plan and State law.

b. To ascertain the condition of any officer-FF/EMT who has remained absent from work for five (5) consecutive work days, the Town may require the officer-FF/EMT to provide it with medical records in the manner set forth in Section 19-2b.

c. If an officer-FF/EMT has exhausted his or her sick leave but not returned to work, the Town may require the officer-FF/EMT to submit to an examination by a physician chosen by the Town. The medical examination may include a psychiatric examination if the officer-FF/EMT claims that his or her absence from work is related to any mental condition or mental illness or if the examining physician deems such an examination reasonably necessary to determine whether the officer-FF/EMT is disabled. The cost of the examination shall be borne by the Town.

d. Any officer-FF/EMT who has suffered an injury or illness not incurred in the performance of police-FF/EMT duties and who is incapable of returning to the full range of police-FF/EMT duties outlined in Section 19-1e, may be processed for retirement for health related conditions as defined in Section 19-1h. It is understood that an officer-FF/EMT, to be eligible to retire for health related conditions, must have completed ten (10) years of service prior to his or her sustaining a non-work related injury or illness. Any officer-FF/EMT completing said ten (10) years of service shall be retired pursuant to the Town of Little Compton Pension Plan.

e. If an officer-FF/EMT has been retired due to health related conditions and has not yet attained the twenty-fifth (25th) anniversary of his/her entry into the Department, the officer-FF/EMT or the Town may elect to have the officer-FF/EMT examined on an annual basis to determine whether the officer-FF/EMT remains incapable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e. Within that period, the parties will follow the disability retirement evaluation procedure as outlined in Section 19-6.

(Ord. 6/19/97, §6)

SPECIAL ACTS RELATING TO THE TOWN

JANUARY SESSION, 1939

CHAPTER 763.

AN ACT Providing for the Management and Control of Public Beaches and Commons in the Town of Little Compton. (H 839 Approved April 20, 1939.)

It is enacted by the General Assembly as follows:

Section 1. The town of Little Compton is hereby authorized and empowered to manage, regulate and control all public beaches and commons situated in said town, the word "beaches" being used in this act to include the shores of said public beaches between high and low water markers.

Sec. 2. The care, management and control of said public beaches and commons shall be vested in a commission of not less than five nor more than seven members, as the duly qualified electors of the said town shall from time to time by their vote determine; provided, however, that the members of any such commission shall be duly qualified electors of said town; and provided, further, that the members of said commission shall first be selected at the annual financial town meeting in the year 1940. Until the members of said public commission have been elected and have duly qualified for office, the care, management and control of said beaches and commons and all other powers and authority herein granted to said commission shall be vested in the committee heretofore selected by the electors of the said town to take charge of all matters pertaining to the beach in said town known as the South shore, which committee is known in said town as the committee on the South shore.

Sec. 3. The said commission, or until its selection, the said committee on the South shore, is hereby authorized and empowered to make suitable provisions for the care, management. maintenance, protection and improvement of said beaches and commons, and for the proper policing of the same; to cause to be erected such bathhouses, fences and other buildings and structures as it may deem necessary or desirable for the convenience of the public and for the use and enjoyment of said beaches and commons by the public in a proper manner and under proper sanitary conditions.

Sec. 4. The town council of the said town is hereby authorized and empowered to enact such ordinances as it may deem necessary for the regulation of said public beaches and commons and in aid of the management, maintenance and improvement of the same, and for the regulation of any and all travel by the public to, from, on or over the highways, or other public ways, passing over or across said public beaches and commons; and to prescribe penalties for the violation of such ordinances as may be enacted.

Sec. 5. The said commission, or the said committee on the South shore, as the case may be, is authorized and empowered, for the purpose of defraying the costs of maintenance and operation of the said public beaches or commons, to charge reasonable fees for admission to any of said beaches or commons, or any part or parts thereof, for the use of bathing-houses or other buildings and structures that may be located upon said beaches or commons, or upon any land owned by the town in the vicinity of the same, and for the privilege of parking motor vehicles upon said public beaches or commons, or upon any land owned by the town in the vicinity of the same, or upon any highway adjacent or leading to, over or across the same; provided, however, that said commission, or the said committee on the South shore, may exempt inhabitants of said town from the payment of any or all of said fees.

Sec. 6. Said commission, or said committee on the South shore, as the case may be, shall direct the expenditure of all moneys appropriated by said town for carrying out the aforesaid provisions; shall cause to be kept proper accounts of all income received and all expenditures made in accordance with this act; shall transfer and pay over to the town treasurer of the town of Little Compton all such income received; and shall certify all accounts payable, incurred hereunder, to said town treasurer for payment when approved.

Sec. 7. No rights of the inhabitants of said town, as such inhabitants, in or pertaining to any of said public beaches or commons shall be destroyed or substantially impaired by this act or by any action of said town council hereunder, though the exercise of any such rights may be regulated or reasonably restricted under this act so as to secure the most equitable enjoyment of such rights by said inhabitants and to protect such public beaches and commons from damage.

Sec. 8. This act shall take effect upon its passage.

JANUARY SESSION, 1959

CHAPTER 167.

AN ACT Authorizing the Town of Little Compton to Establish a Permanent Police Force. (H 1727 Effective May 26, 1959.)

It is enacted by the General Assembly as follows:

Section 1. The town council of the town of Little Compton may appoint at any regular meeting as a permanent police force, such police officers, including a chief of police, for service in said town, as by ordinance the said town council may from time to time determine, which said officers shall hold their respective offices until vacated by death, resignation, or retirement, except as hereinafter provided; but said town council may increase or diminish the number of such police officers whenever and as often as the electors of the town of Little Compton qualified to vote on any proposition to impose a tax or for the expenditure of money shall, at an annual or special financial town meeting, vote that the number of said police officers shall be increased or diminished and shall appropriate the necessary funds therefor; and the town council, or the president of the town council, may at any time suspend any such officer until the next regular meeting of said council, at which meeting said president shall report any and all suspensions, with the reasons therefor, and the said council may continue such suspension until the next regular meeting following; provided, however, that any police officer so appointed, including the chief of police, shall be subject to reduction or to removal from office by said council, at any regular meeting thereof, for misconduct, incapacity, neglect of duty or insubordination of such character as the said council may deem a disqualification for said office; and all such reductions or removals shall be by said council upon charges in writing, if requested by such officer, and of which the officer complained of shall have notice and opportunity at a time appointed by said council to be heard thereon; and provided further, that nothing in this act shall be construed to apply to any police officer or constable other than the members of the permanent police force of said town. Said town council may also appoint other police officers for occasional service and for limited terms of less than one year.

Sec. 2. Upon the appointment and qualification of the members of a permanent police force in accordance with the provisions of this act, the term of office of the police force theretofore holding office in said town shall terminate.

Sec. 3. The chief of police, other police officers of the permanent police force, and police officers appointed for occasional service and for limited terms shall have the power and authority conferred by law upon police constables, but shall not be required to give bond, nor shall they be authorized to serve process in civil actions; and every such officer, in the due execution of his office, may command all necessary aid and assistance in the execution of said office and every person who, when so requested, shall refuse or neglect to give such aid and assistance shall be fined not exceeding twenty dollars ($20.).

Sec. 4. There shall be submitted to the qualified electors of the town of Little Compton, at any regular or special town election to be held hereafter in said town, the following question for their approval or rejection:

"Shall the act passed by the general assembly at its January A. D. session, 1959, entitled 'An act authorizing the town of Little Compton to establish a permanent police force,' be adopted?"

Sec. 5. The secretary of state and the board of elections shall prepare special ballot-labels upon the voting machines for the purpose of submitting such question to the electors and the votes cast upon such question shall be counted in the same manner as other votes are counted and the count of such vote shall be certified as provided by sections 17-5-1 to 17-5-4 inclusive, in the general laws as amended by chapter 18 of the public laws, 1958.

Sec. 6. Sections 4 and 5 of this act shall take effect upon their passage and the remainder of the act shall take effect if and when a majority of the electors voting upon said question shall vote to adopt the act authorizing the town of Little Compton to establish a permanent police force.

JANUARY SESSION, 1960

CHAPTER 79.

AN ACT Authorizing the Town of Little Compton to Establish a Permanent Police Force and Amending Chapter 167 of the Public Laws, 1959. (S 599 Effective May 5, 1960.)

It is enacted by the General Assembly as follows:

Section 1. Section 4 of chapter 167 of the public laws, 1959, entitled "An act authorizing the town of Little Compton to establish a permanent police force," is hereby amended to read as follows:

"Sec. 4. There shall be submitted to the qualified electors of the town of Little Compton, at any regular or special town election to be held hereafter in said town, the following question for their approval or rejection:

'Shall the act passed by the general assembly at its January A. D. session, 1959, entitled "An act authorizing a permanent police force," be adopted?"

The town council of the town of Little Compton is hereby authorized to call a special town election to carry out the provisions of this act, notice of the said special election to be the same required for special town meetings."

Sec. 2. This act shall take effect upon its passage and all acts and parts of acts inconsistent herewith are hereby repealed.

JANUARY SESSION, 1960

CHAPTER 10.

AN ACT Authorizing the Town Council of the Town of Little Compton to License and Regulate the Location and use of Trailer Parks in said Town, and also to Regulate the use and Location of House Trailers and Mobile Homes. (S 133 Approved Feb. 5, 1960.

It is enacted by the General Assembly as follows:

Section 1. The town council of the town of Little Compton, is hereby empowered to license and regulate the location and use of trailer parks in said town, and said town council is also hereby empowered to regulate the use and location of house trailers and mobile homes, when stationary, within said town, which are being used for dwellings, permanent or temporary.

Sec. 2. This act shall take effect upon its passage and all acts and parts of acts inconsistent herewith are hereby repealed.

JANUARY SESSION, 1965

CHAPTER 48.

AN ACT Providing for a Budget Committee in the Town of Little Compton. (S 622 Approved April 27, 1965.)

It is enacted by the General Assembly as follows:

Section 1. The electors of the town of Little Compton qualified to vote upon a proposition to impose a tax and for the expenditure of money shall annually in annual financial town meeting, legally assembled, in said town of Little Compton, elect a budget committee consisting of five of such qualified electors; members of the town council and members of the school committee of said town shall be ineligible to be elected or serve as members of said committee; and in case of failure to so elect such budget committee, the town council of said town shall act as the budget committee.

Sec. 2. Said budget committee shall hold public meetings from time to time to receive recommendations for town appropriations, and shall hold at least one public hearing not more than twenty days and not less than ten days prior to the annual financial town meeting of said town. (Amended January Session, 1979 -- Chapter 9, effective March 12, 1979.)

Sec. 3. The budget committee when elected shall be sworn to the faithful performance of their duties in the same manner as other town officers, shall choose one of their number as a chairman and one of their number as a clerk, and shall keep records of their meetings and proceedings.

Sec. 4. The town officers of said town and the heads of the several departments thereof shall submit to the town clerk on or before the fifteenth day of February in each year their estimates of such sums as may be required in connection with the several departments of said town, and all persons proposing to introduce any resolution for the appropriation of money at the financial town meeting shall file in the office of the town clerk on or before the first day of March in each year for the use of said committee, the form of resolution for the appropriation of money intended to be presented to the said financial town meeting, in order that the electors of said town qualified to vote at such financial town meeting may be appraised thereof.

Sec. 5. At least ten days prior to the date of any such annual financial town meeting of said town said budget committee shall file with said town clerk a schedule or list of appropriations recommended by said committee for passage at such annual financial town meeting, and shall also together with such list of recommended appropriations file with said town clerk a list or schedule of requests for appropriations submitted for the consideration of the said budget committee and which were disapproved or not considered by said budget committee.

Sec. 6. All vacancies occurring in said committee shall be filled by the town council.

Sec. 7. Said budget committee shall have power to demand any and all books, records, and correspondence relative to the expenditure of town monies in the custody of any department of the town which in its opinion are necessary to properly prepare a budget for the expenditure of town funds.

Sec. 8. This act shall take effect upon its passage.

JANUARY SESSION, 1971

CHAPTER 84.

AN ACT Authorizing the Town of Little Compton to Establish and maintain a Pension Plan for Town Employees and Elected Officials. (H 2521 Approved June 11, 1971.)

It is enacted by the General Assembly as follows:

Section 1. The town council of the town of Little Compton subject to the approval of the financial town meeting at any regular or special meeting, is authorized to enact an ordinance or ordinances to establish and maintain a pension plan for town employees and elected officials and/or to contract therefor with any insurance company authorized to do business in the state of Rhode Island. Such ordinance or ordinances may define the employees and elected officials eligible to participate in such plan; the contributions to such plan, if any, to be made by such employees and elected officials and to be appropriated by the town; the amount and nature of the benefits payable to such employees and officials and/or their beneficiaries; the carrying and other charges for establishing and maintaining such pension plan; and in all other respects to do any act or thing necessary to properly establish and maintain a pension plan.

Sec. 2. At the annual financial town meeting of the town of Little Compton to be held next after the passage of this act or at any special town meeting there shall be submitted to the electors of said town qualified to vote on any proposition for the imposition of a tax or for the expenditure of money for their approval or rejection the following proposition:

"Shall the action of the general assembly by an act passed at the January session, A. D. 1971, entitled An act authorizing the town of Little Compton to establish and maintain a pension plan for town employees and elected officials', be approved?" The town clerk shall forthwith certify to the secretary of state the results of the vote on the question so submitted.

Sec. 3. This section and section 2 of this act shall take effect upon the passage of this act and section 1 shall take effect when and if the majority of the qualified electors of the town of Little Compton voting upon the proposition contained in section 2 hereof shall have voted their approval thereof, and thereupon all acts and parts of acts inconsistent herewith shall stand repealed.

JANUARY SESSION, 1973

CHAPTER 55.

AN ACT Enabling the Town of Little Compton to Control Dual Office Holding by Members of the Town Council. (73-S 655 Approved May 8, 1973.)

It is enacted by the General Assembly as follows:

Section 1. For the purpose of avoiding conflicts of interest and making more efficient the performance of duties by town employees, the town council of the town of Little Compton shall have power by ordinance in accordance with the provisions of this act to eliminate dual office holding by members of the town council.

Sec. 2. Such ordinances may provide that a member of the council shall hold no other paid public office or employment in the service of the town or of the state or federal government except that of notary public, justice of the peace, volunteer fireman, or member of the national guard or naval, air or military reserve and that no member of the council shall be eligible to hold any other paid local town office during his tenure on the council or for a period of one year thereafter.

Sec. 3. This act shall take effect upon its passage.

JANUARY SESSION, 1973

CHAPTER 178.

AN ACT Authorizing the Town of Little Compton to Enact Ordinances Regulating, Controlling and Licensing Earth Removal. (73-S 936 Approved May 11, 1973.)

It is enacted by the General Assembly as follows:

Section 1. For the purposes of promoting health, safety or general welfare and in order to effect uniform regulation within the town of Little Compton for earth removal as hereinafter defined, the town of Little Compton shall have the power in accordance with the provisions of this act to provide by ordinance for the regulation, control and licensing of earth removal as hereinafter defined, such power to be restricted and exercised in accordance with sections 2 through 16 of this act.

Sec. 2. As used in this act:

"Earth removal" shall mean the extraction or removal of any sand, gravel, loam, topsoil, stone, clay or shale, from deposits on any tract of land, excluding, however, extracting, removing, digging, mining or quarrying limestone, limerock, or granite and excluding operations of a sand and gravel plant in operation upon the passage of this act and the immediately surrounding twenty (20) acres of industrial zoned land upon which said sand and gravel plant is located and excluding also earth removal involved in the process of grading land,

(a) For the construction of building for which a building permit has been issued;

(b) For the construction of a roadway, or

(c) For a subdivision in accordance with a plat plan or plans approved by or in accord with an ordinance of any city or town or any duly authorized board of authority thereof.

"Zoning board of review" shall mean the zoning board of review established by the town of Little Compton.

"Residential use" shall mean any zone in which no use save dwellings, including multi-family dwellings, is permitted without first obtaining a variance, exception or special exception from the zoning board of review.

"Building inspector" shall mean that person charged by the town of Little Compton with the issuance of building permits.

Sec. 3. An ordinance enacted pursuant to the authority contained in this act may:

(a) set hours for earth removal as limited by subsection 4 (a)1;

(b) establish setback requirements as limited by subsection 4(a)2;

(d) regulate dust conditions as limited by subsection 4(a)4 and 4(b);

(e) regulate water conditions as limited by subsection 4(a)5;

(f) require plans for the rehabilitation of the tract of land upon cessation of earth removal; and

(g) require a license for the initiation or lateral expansion of earth removal in accordance with section 6.

Sec. 4. (a) With respect to earth removal operations on any tract of land, said tract now or hereafter being in a residential use area as herein defined or within fifty feet of such district such ordinance;

(1) may limit the hours of earth removal operations, provided, however, (i) that no such restrictions shall be imposed for the period between 7:00 a.m. and 6:00 p.m., of any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday (except a legal holiday), and (ii) that earth removal on Sunday and on any legal holiday or for hours prior to 7:00 a.m. or after 6:00 p.m., may be authorized on special exception issued by the building inspector;

(2) may prohibit the initiation or lateral expansion of earth removal within a distance of the greater of 25 feet of the boundary of the tract of land upon which earth removal is to be carried on adjacent to residential use property or within 50 feet of any dwelling;

(3) may require the fencing of those portions of the boundary of the tract of land upon which earth removal is being conducted adjacent to developed residential property, such fencing to be five (5) feet in height and effective to control access to the area in which such earth removal is being conducted;

(4) may require that calcium chloride or oil be applied to non-hard surfaced roads to be used for vehicular ingress or egress to the tract of land, and to the regularly traveled roads within said tract of land, on which earth removal is to be conducted; and

(5) may require that drainage be provided to prevent the permanent collection and stagnation of surface or underground waters, and to prevent the flooding and erosion of surrounding property.

(b) Within any district or area other than a residential use district as herein defined such ordinance may require

(1) that calcium chloride or oil be applied to non-hard surfaced roads to be used for vehicular ingress or egress to the tract of land and to the regularly traveled roads within the said tract of land,

(2) that when earth removal ceases all slopes on said tract shall remain at the natural angle of repose,

(3) that said tract will not permanently collect stagnant water, and

(4) that said tract will not be subject to erosion by wind or water.

Sec. 5. Except as otherwise provided herein, as a condition precedent to the issuance of a license pursuant to section 6 hereof, any such ordinance shall require the submission to the building inspector and his approval thereof:

(a) of a plan prepared by a registered engineer in compliance with the provisions of said ordinance and setting forth the existing contours of the tract of land, and based upon classifications of preliminary samples of the material to be removed, (i) the final contours of the tract of land upon completion of earth removal operations and (ii) the type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion; provided, however, if suitable fertile ground cover existing at the beginning of earth removal, enough of said ground cover to be held in reserve and reapplied for a minimum thickness of three (3) inches.

(b) of an opinion by a registered engineer that upon completion of earth removal operations all slopes on said tract as set forth in the plan referred to in subparagraph (a) of this section, shall remain at the natural angle of repose; and

(c) of a bond not to exceed one hundred ($100.00) dollars for each acre of said tract of land to insure compliance with the requirements of this section.

If the plan set forth in subparagraph 5(a) is not complied with, the town of Little Compton is authorized and empowered to undertake and complete such plan and the owner of said tract of land shall reimburse the town of Little Compton for its necessary expenses in connection therewith and the town of Little Compton shall have a lien on said tract of land for such expenses.

Sec. 6. As a condition precedent to any earth removal as herein defined such ordinance shall require a license to be issued by the building inspector upon the submission of the documents required by section 5 and his approval thereof and the payment of a license fee of twenty-five ($25.00) dollars.

Sec. 7. Upon special application and after a showing that the literal enforcement of the ordinance will work a hardship, the zoning board of review may grant an exception to any terms of said earth removal ordinance upon a finding that such exception will not result in a substantial depreciation of surrounding property.

Sec. 8. Appeals from the decisions of the building inspector to the zoning board of review shall be taken in the same manner as other appeals to said zoning board and the procedure as to notice and hearings shall be the same insofar as the same are consistent herewith.

Sec. 9. Any such ordinance may also provide for the revocation by the zoning board of review, after notice and hearing, of any license issued under the authority of any such earth removal ordinance for violations of any of the provisions of said ordinance.

Sec. 10. Any such ordinance may:

(a) provide for a penalty for the violation of any of its provisions of a fine not exceeding one hundred ($100.00) dollars for each offense, such fine to inure to the town of Little Compton, and also may

(b) provide that suit may be brought in the superior court in the name of the town of Little Compton to restrain any violation of, or compel compliance with, the provisions of such earth removal ordinance or ordinances.

Sec. 11. Any such ordinance shall not apply to earth removal being conducted on the date of its enactment on any tract of land within the town of Little Compton until sixty (60) days after the enactment of such ordinance and, further, any such ordinance shall provide that upon submission to the building inspector of the plan and all other material as required under sections 5 and 6 hereof, except that no such plan need set forth existing contours for that portion of any tract of land on which earth removal has been completed on the effective date of such ordinance, the building inspector shall forthwith issue a license for the continuance of earth removal on any such tract of land.

Sec. 12. Any such ordinance shall provide that real property acquired or leased prior to the effective date of this act for the purpose of earth removal and held for such purpose on the date of enactment of such ordinance shall be considered in use for earth removal whether or not extracting has then actually commenced, and a license for earth removal on such property shall be issued pursuant to section 6 hereof upon compliance with the provisions of sections 5 and 6 hereof and subject to any ordinance enacted as provided in section 15 hereof. In order for real property to qualify hereunder, the following conditions shall be considered as conclusive evidence that such real property was acquired or leased and held for the purpose of later mineral extraction:

(a) such real property was acquired or leased prior to effective date of this act;

(b) such real property was acquired or leased by an individual, corporate or otherwise, engaged at the time of acquisition in the business of mineral extraction;

(c) such real property, or the substantial portion of such property has not been permanently developed, for any residential, commercial (other than farm or agricultural) or industrial purpose;

(d) such real property contains mineral deposits of a demonstrable economic value; and

(e) provided, however, that if the owner or lessee of. any such tract of land shall file in the office of the town clerk of the town of Little Compton as the case may be, on or before December 31, 1973, a statement setting forth his intention to engage in earth removal on said tract of land describing said tract of land, then such tract of land shall be deemed to qualify under this section, and as to any tract of land for which such intention is not so filed then the provisions of this section shall have no force and effect.

Sec. 13. If any provision of this act, or the application thereof, is held invalid, the validity of the remainder of this act shall not be affected thereby.

Sec. 14. If the town of Little Compton shall engage in earth removal for municipal purposes it shall comply with the provisions of the earth removal ordinance adopted pursuant to this act.

Sec. 15. This act shall not be deemed to limit by implication or otherwise any ordinance enacted pursuant to the authority of chapter 24 of title 45 of the general laws of 1956, as amended.

Sec. 16. This act shall take effect on July 1, 1973.

JANUARY SESSION, 1974

CHAPTER 293.

AN ACT Enabling the Town Council of the Town of Little Compton to Exempt Certain Property From Taxation. (74-S 2244 Effective without signature of governor. May 14, 1974.)

It is enacted by the General Assembly as follows:

Section 1. The town council of the town of Little Compton may by ordinance exempt from taxation the real property situated in said town and owned by the Sakonnet Preservation Association, Inc.

Sec. 2. This act shall take effect upon its passage.

JANUARY SESSION, 1977

CHAPTER 105.

AN ACT Relating to the Zoning Board of Review in Little Compton. (77-S 1284 Effective without signature of governor. May 11, 1977.)

It is enacted by the General Assembly as follows:

Section 1. Section 45-24-14 of the general laws in chapter 45-24 entitled "Zoning ordinances" is hereby amended to read as follows:

"45-24-14. COMPOSITION OF BOARD OF REVIEW -- OPEN HEARINGS. -- The board of review shall consist of five (5) members, each to hold office for the term of five (5) years; provided, however, that the original selection shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. The chairman, or in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. The mayor of any city or the town council of any town shall have the right to name an auxiliary or sixth member of said board of review of said city or town, as the case may be, who shall sit as an active member when and if a member of said board is unable to serve at any hearing, upon request of the chairman of said board. All hearings of such board shall be open to the public.

"Provided further, however, that the town council of the town of Little Compton shall have the right to name two (2) additional auxiliary members or seventh and eighth members of said board of review of said town to sit as an active member when and if a member of said board is unable to serve at any hearing, upon request of the chairman of said board."

Sec. 2. This act shall take effect upon its passage.

JANUARY SESSION, 1982

AN ACT Changing the Fiscal Year of the Town of Little Compton; Authorizing the Qualified Electors of the Town to Levy Taxes Sufficient to Finance the Change in the Fiscal Year; Changing the Date of the Annual Financial Town Meeting; and Amending Section 2 of Chapter 48 of the Public Laws, 1965, Entitled "An Act Providing for a Budget Committee in the Town of Little Compton." (82-H7248 Introduced January 2, 1982.)

It is enacted by the General Assembly as follows:

Section 1. Notwithstanding any public law to the contrary, the fiscal year of the town of Little Compton shall begin on July 1 of each calendar year and end on June 30 of the following calendar year, commencing July 1, 1983.

Sec. 2. The fiscal year of the town commencing April 1, 1982, is hereby extended to run fifteen months to June 30, 1983.

Sec. 3. The electors of the town of Little Compton qualified to vote upon any proposition to impose a tax, or for the expenditure of money in said town, and assembling at the heretofore regular annual financial town meeting on April 6, 1982, at seven o'clock in the evening, or any adjournment thereof, are hereby authorized to approve and make appropriations and to order the levy of taxes to raise funds sufficient to meet the fifteen month budget for appropriations made and for all such other financial transactions as may legally come before said meeting, for the period April 1, 1982 through June 30, 1983, said period constituting one financial year for the purposes of section 45-12-4 of the general laws of Rhode Island (1956) and other applicable sections of chapter 45-12, and the tax so levied shall be deemed an annual tax for the purposes of said sections.

Sec. 4. Said qualified electors are hereby authorized also to order the collection of this said tax levy in five quarterly payments.

Sec. 5. Section 1 of chapter 1834 of the public laws of 1931, entitled "An Act Fixing the Time for the Holding of a Financial Town Meeting and for the Election of Town Officers in the Town of Little Compton," amended by chapter 2424 of the public laws of 1950, is hereby further amended to read as follows:

"Section 1. The electors of the town of Little Compton, qualified to vote on any proposition to impose a tax or for the expenditure of money in said town, shall, on the third Tuesday in May, 1983, and annually on the third Tuesday in May thereafter, assemble in town meeting at seven o'clock in the evening for the purpose of hearing official reports, ordering a tax or taxes, making appropriations and transacting other business appertaining to the financial affairs of said town. The place or location for holding such financial town meeting shall be designated by the town council of the town of Little Compton and shall be stated in the call and warrant for said meeting. Said financial town meeting shall be warned and called and the list of electors qualified to vote therein shall be made out and canvassed in the same manner as provided by law with respect to elective town meetings."

Sec. 6. Section 4 of chapter 48 of the public laws of 1965, entitled "An Act Providing for a Budget Committee in the Town of Little Compton," said act amended by chapter 8 of the public laws of 1979, is amended to read as follows:

"Sec. 4. The town officers of said town and the heads of the several departments thereof shall submit to the town clerk on or before the fifteenth day of March in each year their estimates of such sums as may be required in connection with the several departments of said town, and all persons proposing to introduce any resolution for the appropriation of money at the financial town meeting shall file in the office of the town clerk on or before the first day of April in each year for the use of said committee, the form of resolution for the appropriation of money intended to be presented to the said financial town meeting, in order that the electors of said town qualified to vote at such financial town meeting may be apprised thereof."

Sec. 7. This act shall take effect if approved by the electors of the town of Little Compton, qualified to vote on any proposition to impose a tax or for the expenditure of money in said town at the meeting of said electors to be held at seven o'clock in the evening of April 6, 1982, or any adjournment thereof. Notice that said act shall be submitted to said electors for approval shall be posted in the warrant for said April 6, 1982 meeting. The town clerk shall, forthwith after said town meeting on said April 6, 1982 or adjournment thereof, notify the secretary of state of the result of the vote upon the aforesaid question.

Sec. 8. All acts and parts of acts inconsistent with the sections of this foregoing act are hereby repealed. All other acts and parts of acts to which these said sections apply are affirmed.

JANUARY SESSION, 1983

AN ACT Exempting from Taxation the Real and Personal Property of Little Compton Nursing Association to an Amount Not Exceeding $150,000. (83-H6165 Introduced March 18, 1983.)

It is enacted by the General Assembly as follows:

Section 1. The property, real and personal, held for or by Little Compton Nursing Association, incorporated as a non-business corporation, to an amount not exceeding one hundred fifty thousand dollars ($150,000) shall at all times be exempt from all taxes so long as said property shall be used for the purposes for which said corporation was incorporated. Said exemption shall be effective for the tax year ending December 31, 1983 and all subsequent years.

JANUARY SESSION, 1983

AN ACT Authorizing the Town of Little Compton to Enact an Ordinance Licensing and Regulating Juke Boxes, Amusement Devices and Electronic or Video Games. (83-H5328 Introduced February 1, 1983.)

It is enacted by the General Assembly as follows:

Section 1. License requirement. No person shall keep a juke box, mechanical amusement device or electronic or video game as hereinafter defined, or any similar device of a similar character in any saloon, shop or place of business of any nature within the Town of Little Compton or keep any such device for public use or profit within said town, without a license from the town council of said town first having been obtained; the town council may, in its discretion, grant or refuse to grant, licenses therefor, and the licenses so granted shall continue for a term not exceeding one (1) year.

Section 2. Definition of terms. As used in this chapter, unless the context otherwise indicates the following definition shall apply:

(a) The term "juke box" shall mean any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc, or key into any slot, crevice, or other opening, or by the payment of any price, operates or may be operated, for the emission of songs, music or similar amusement.

(b) The term "mechanical amusement device" shall mean any machine which, upon the insertion of a coin, slug, token, plate, or disc, or key into any slot, crevice, or other opening, or by the payment of any price, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines, mechanical pool tables and all games, operations, or transactions, similar thereto under whatever name they may be described.

(c) The term "electronic and video games" shall mean any machine, which, upon the insertion of a coin, token, plate, slug or disc, or key into any slot, crevice, or other opening or by the payment of any price, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines, mechanical pool tables and all games, operations, or transactions, similar thereto under whatever name they may be described.

(d) The term "person" as used herein shall mean any individual, firm, corporation, or association.

Section 3. Contents of license application. The application for the license shall contain the following information:

(a) Name and address of applicant, (shall be owner of the business in which device is located), age, date and place of birth when applicable.

(b) Prior arrests, and convictions of applicant, if an individual, or any stockholders, or officers, if the applicant be a corporation or an association, including the names and addresses of all officers.

(d) Description of machine to be covered by the license, mechanical features, and serial number.

No license shall be issued to any individual unless he shall be over eighteen (18) years of age and a citizen of the United States.

Section 4. Inspection. Application for a license shall be made out in triplicate, one copy being referred to the chief of police, another copy to the building official's office, the third to remain on file in Town Clerk's office.

(a) The chief of police shall investigate the machine or device sought to be licensed, the location wherein it is proposed to be operated, and the applicant, and report to the council his findings.

The council shall not approve the issuance of a license for any machine or device which would constitute a "gambling device," as defined by section 11-19-18 of the general laws of Rhode Island, 1956, or any other section or sections of said general laws.

(b) The electrical inspector shall inspect all wiring and connections to the machine, determine if the same complies with the electrical code of the town of Little Compton and the State of Rhode Island and shall report to the council his findings.

(c) The licenses granted hereunder shall be displayed on each machine and each and every machine shall be required to be so licensed.

Section 5. License fees. Every applicant. before being granted a license, shall pay the following annual license fee for the privilege of operating or maintaining for operation each juke box, mechanical amusement device, or electronic and video games as defined in section 2 hereof.

Jukeboxes

$25.00 per machine

Mechanical amusement devices

25.00 per machine

Electronic and video games

300.00 per machine

On the thirtieth (30th) day of November, next following of issue, each license shall expire.

Section 6. Prohibitions and restrictions.

(a) No person shall permit the playing of juke boxes between the hours of 1:00 a.m. to 8:00 a.m., and at all other times shall modulate the volume of music so not to cause nuisance.

(b) No person licensed by virtue of this chapter shall permit any juke box, mechanical amusement device or electronic and video game, the use of which has been permitted under license granted to him, to be used by any minor under the age of sixteen ( 16) years. and in case of such use being permitted, the person holding such license shall, thereupon, forfeit the same.

(c) No person licensed by virtue of this chapter shall have or assemble more than two (2) electronic video games and two (2) mechanical amusement devices in any one place of business or premises.

(d) No license fee shall be required of any charitable institution.

Section 7. Revocation of License. Every license issued by the town of Little Compton is subject to revocation should the licensee, directly or indirectly. permit the operation of any juke box, mechanical amusement device, or electronic or video game contrary to the provisions of this act or any ordinance or amendment thereto or the laws of the State of Rhode Island. Said license maybe revoked by the council of the town of Little Compton after written notice to the licensee, which shall specify the violations with which the licensee is charged. The licensee may ask for a hearing on said charge to be held not later than ten (10) days after notice has been received by the licensee. At such hearing the licensee and/or his attorney may present and submit evidence and witnesses in his defense.

Section 8. Penalty. Every person who shall own, keep or use any juke box, mechanical amusement device, electronic or video games, or any device similar in character, without such license first having been obtained, shall be fined not more than one hundred ($100.00) dollars nor less than fifty ($50.00) dollars or be imprisoned not exceeding three (3) months for each such offense.

Section 9. Separability of provisions. Each separate provision of this chapter shall be deemed independent of all the other provisions herein, and it is further declared that if any provision of the chapter be declared invalid, all other provisions thereof shall remain valid and enforceable.

Section 10. This act shall take effect upon passage.

JANUARY SESSION, 1985

AN ACT Establishing the Little Compton Agricultural Conservancy Trust. (85-S954 Introduced April 14, 1985.)

It is enacted by the General Assembly as follows:

Section 1. There is hereby established a Little Compton Agricultural Conservancy Trust (hereinafter called Trust) for the primary purpose of acquiring development rights to agricultural property within the town. The Trust shall have as a secondary purpose the acquisition of agricultural property, and/or other property, or interest therein, to preserve open spaces, fresh and saltwater marshes, estuaries and adjoining uplands, groundwater recharging areas, land providing access to the ocean, land for bicycle paths and land for future public recreational facilities and use.

Section 2. The Trust shall be administered by seven (7) trustees, five (5) of whom shall be appointed by the town council with at least one (1) being an active farmer. The trustees who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. Thereafter trustees shall be appointed as aforesaid for a term of office of five (5) years, except that all vacancies occurring during a term shall be filled for the unexpired term. In addition to the five (5) trustees appointed by the town council, the current chairperson, or member designee. of the Little Compton Conservation Commission and Little Compton Planning Board shall also be trustees.

Trustees shall be resident electors of the town of Little Compton, shall serve without compensation and shall hold office until their successors have been appointed. No trustee may be an elected officer or salaried employee of the town.

Section 3. The members of the Trust shall elect a chairperson, vice-chairperson, and treasurer from amongst its members. The trustees shall elect or appoint a secretary who need not be a voting member of the Trust. The term of office of the office of the chairperson, vice-chairperson, treasurer and secretary, unless otherwise prescribed by the Little Compton town council, shall be for the calendar year, or for that portion therefor remaining after each such officer is designated or elected.

Section 4. The trustees may adopt reasonable rules and regulations governing the conduct of Trust affairs, including the acquisition and management of its holdings not inconsistent with the provisions of this act. All rules and regulations of the Trust are subject to the approval of the town council. Decisions of the trustees shall be by majority vote of those present and voting, and no business shall be transacted without four (4) members present. The trustees shall keep accurate records of their meetings and actions and shall file an annual report which shall be printed in the annual town report. All meetings of the Trust shall be open to the public.

Section 5. The Trust shall have the authority to acquire any real property from consenting land owner(s), situated in Little Compton, or any interest therein, which it shall deem important to preserve or maintain in an open or agricultural condition. With the exception of property acquired for public recreation purposes, such property shall be held by the Trust subject to the condition that it shall be used for open space or agricultural use. The trustees shall afford priority to the acquisition of development rights of agricultural lands.

Section 6. The Trust shall also have power to:

a. Purchase, receive by gift, or otherwise acquire real property and development rights, as defined in section 42-82-2 of the general laws or any interest in real property consistent with purposes of this Act;

b. Accept gifts, grants or loans of funds or services from any source, public or private, and comply, subject to the provisions of this Act, with any terms and conditions thereof;

c. Accept from State and/or Federal agencies, loans or grants for use in carrying out its purposes and enter into agreements with such agencies respecting any such loans or grants;

d. Employ counsel, auditors, engineers, appraisers, private consultants, advisors, secretaries or other personnel needed to provide necessary services;

e. Administer and manage land and interests in land held by it in a manner which allows public use and/or enjoyment consistent with the natural and scenic resources thereof;

f. Otherwise do all things necessary for the performance of its duties, the fulfillment of its obligation and the conduct of its business.

Section 7. The electors of the Town of Little Compton are hereby authorized to levy an additional tax upon real property transfers within said town in accordance with section 8 of this act. Said tax shall be levied at the annual financial town meeting and shall become effective on the first day of the next town fiscal year. The tax, once adopted, shall remain in effect unless the electors, when legally assembled, repeal said tax. The electors, when legally assembled, may also amend the rate or rates of said tax and/or the amount exempted from such tax. (2002-H8198, Approved May 20, 2003)

Section 8. Whenever a tax is assessed by section 44-25-1 of the general laws on the transfer of real property situated in Little Compton, there is hereby imposed, in addition to said tax, an additional tax not to exceed the amount of five (5%) percent of that amount of the total purchase price which exceeds one hundred fifty thousand ($150,000.00) dollars unless such rate or rates and/or exemption amount are amended as provided for in section 7 of this act. Said exemption shall not be less than one hundred fifty thousand ($150,000.00) dollars.*

As used herein, the total purchase price shall mean the aggregate consideration received by a seller or sellers collectively for the transfer of each recorded lot of real property, whether in a single conveyance or in separate contemporaneous conveyances, which transfer or transfers result in the conveyance of either (i) the entire fee interest, or (ii) a lesser fee interest in the real property including, without limitation, conservation easements and development rights; and only one (1) $150,000.00* (or other greater amount if adopted by the electors) exemption shall be applied to such transaction or transactions conveying the entire fee interest regardless of the number of deeds or other instruments used to effectuate the transfer or the number of buyers or sellers participating therein. If something less than the entire fee interest is conveyed, then the exemption shall be reduced proportionately.

In the case of real property which is situated in both Little Compton and Tiverton, Rhode Island or Westport, Massachusetts, the additional tax shall be imposed on that portion of the purchase price, in relation to what the current assessed values, as determined by the Little Compton tax assessors and their counterpart in the abutting town, bear to the total sales price.

The payment of the additional tax hereby imposed shall be evidenced by the affixing of documentary stamps, provided by the Little Compton town clerk's office, to every original instrument presented for recording in the same manner as set forth in section 44-25-3 of said general laws. Said tax shall be the obligation of the buyer of real property unless otherwise agreed to by the parties of the transfer. (87-H 7044, Approved

July 1, 1987; 99-S-0967, Approved May 18, 1999; 2002-H8198, Approved May 20, 2003)

Section 9. All funds collected by virtue of said assessment shall be deposited in a fund to be set up as a revolving account by the treasurer of the Town of Little Compton. Additional monies or other liquid assets received as voluntary contributions, grants or loans shall be deposited into said account.

Section 10. If any of the provisions of this act or if any rule, regulation or order thereunder or the application of such provision to any person or circumstances shall be held invalid, the remainder of this act and the application of this act or such rule, regulation or order to any person or circumstances, other than those as to which it is held invalid, shall not be affected thereby.

Section 11. This section shall take effect upon passage of the act. The remainder of this act shall take effect upon its approval by a majority of those voting to approve the act at an annual financial town meeting of the Town of Little Compton.

The following is a certified vote of the Annual Financial Town Meeting of May 20, 1986:

Voted: To approve the establishment of the Little Compton Agricultural Conservancy Trust to provide for the orderly preservation of agricultural and other undeveloped land within the Town's boundaries.

Voted: To approve a land transfer tax of two (2%) percent on the purchase of all property within the Town which exceeds a purchase price of seventy-five thousand ($75,000.00) dollars to carry out the purpose of the aforesaid Trust.

LITTLE COMPTON AGRICULTURAL CONSERVANCY TRUST

STANDING RULES AND REGULATIONS

SECTION I. NAME.

The name of the Trust shall be the Little Compton Agricultural Conservancy Trust (hereinafter called Trust).

SECTION II. MEETINGS.

1. The trustees shall regularly meet on at least a monthly basis. Special meetings may be called by the chairperson at any time upon notice to all other trustees and forty-eight (48) hours public notice.

2. Meetings shall he conducted in accordance with "Robert's Rules of Order."

SECTION III. OFFICERS.

1. Chairperson. The chairperson shall preside at all meetings. The chairperson shall direct the Trust and shall in general supervise and control all of its business and affairs. The chairperson may sign deeds, contracts or other documents which the trustees have authorized to be executed.

2. Vice-Chairperson. The vice-chairperson shall, in the event of the absence or disability of the chairperson, possess all of the powers and perform all the duties of that office. The vice-chairperson shall also perform such other duties as may be assigned by the chairperson.

3. Secretary. The secretary shall see that all notices are given in accordance with these rules and regulations and shall record the minutes of meetings, to include providing a copy of said minutes to the Little Compton Town Clerk for dissemination to the Town Council. The secretary shall also prepare the written Annual Report.

4. Treasurer. All monies received or collected shall be placed in a fund set up and kept as a revolving account by the treasurer of the Town of Little Compton. The treasurer of the Trust shall orally present to the trustees a status report of said revolving account at each regularly scheduled meeting.

5. Administrative Matters.

(a) The Trustees shall adopt and provide to the treasurer for the Town of Little Compton a form entitled "Receipt For Land Transfer Tax Paid", a copy of the first page being made as an appendix to the rules and regulations, which shall be completed and submitted to the Town Treasurer at the time of recording in all transfers of real property involving monetary consideration.

See Attached Appendix*

(b) The Trustees shall be reimbursed for all expenses incurred in the performance of their official duties.

(c) The Trustees shall have the right to incur administrative and maintenance expenses as set forth in Section 6 of Public Law 85-16. (Ord. 12/8/94; Ord. 5/4/95; Ord. 3/9/00)

SECTION IV. APPLICATION FOR SELECTION.

1. Applications may be solicited from landowners on an annual basis, or more frequently should conditions warrant. Application deadlines shall be advertised at least twice in a public newspaper of general circulation no more than sixty (60) days and at least thirty (30) days prior to deadline. Application forms shall be available at the Town Clerk's Office.

2. The Trustees may actively solicit applications from property owners who are willing to sell, but who have not filed applications, provided that:

(a) Acquisition of the property is consistent with the purposes of the Trust as set forth in Section 1 of the Enabling Act.

(b) The property is subject to the same standards of application, evaluation and negotiation as prescribed in Section V and VI.

3. Gifts may be accepted at any time.

(Ord. 3/9/00)

SECTION V. CRITERIA FOR EVALUATION.

1. Initial review. Within sixty (60) days of the application deadline, the trustees will review all completed applications. Site visits will be arranged with the landowner on a day suitable to a majority of the trustees.

2. Rating. Each application shall receive, by vote, a numerical value based upon a rating criteria developed by the trustees. These rating criteria shall include, but not be limited to:

(a) Agricultural significance;

(b) Biological, ecological, and environmental significance;

(d) Protection and preservation of open spaces, fresh and salt water marshes, estuaries and adjoining uplands;

(e) Land providing access to the ocean;

(f) Land for bicycle paths and for future public recreational facilities and use.

3. Selection of applications for negotiation. In selecting applications for negotiation, the trustees shall, by vote, consider the aforesaid combined score as well as the type and intensity of farm activity, perceived developmental pressure, urgency, price, title and access, liability and management, geographic diversity and estimated cost of development rights or other interests. All applications not so initially selected may, with the landowner's permission, be carried over to the following year(s) for re-evaluation. Written notification of the trustees' decision shall be provided to all applicants.

(Ord. 3/9/00)

SECTION VI. PURCHASE OF DEVELOPMENT RIGHTS, REAL PROPERTY AND/OR OTHER INTERESTS.

1. Negotiating committee. The chairperson shall appoint a negotiating committee of not less than two (2) trustees to negotiate with each applicant selected.

2. Negotiations. The committee shall meet with the landowner(s) or their authorized representative and attempt to negotiate an agreement for the transfer of the development rights or other interests in the land to the Trust. No agreement shall be entered into until an appraiser commissioned by the Trustees has done an appraisal, including development rights where applicable, of said property or interest therein. Said appraiser shall be licensed by the State of Rhode Island. Any purchase price agreed upon shall not exceed the appraised value. In entering into an agreement, the Trust shall not obligate itself to spend more than the amount of monies in its revolving account, plus any sums to be received in gifts or grants. Any loan or other borrowing of money by the Trustees from any source shall be subject to Financial Town Meeting approval, and any State laws pertaining to the borrowing by cities and towns within the State.

3. Final approval of trustees. If the negotiating committee and landowner(s) reach agreement, proposed transfer documents shall be submitted to the balance of the trustees for approval by majority vote. If said approval is received, the transfer shall be completed in accordance with the terms of the agreement and appropriate transfer documents shall be recorded in the Little Compton Land Evidence Reports.

4. Expense Relating to the Acquisition of Development Rights, Real Property and/or Other Interests. The Trustees shall have the right to incur additional expenses, other than the purchase price, necessary to acquire development rights, real property and/or other interests. Such expenses shall not exceed the greater of twenty thousand ($20,000.00) dollars or ten (10%) percent of the total purchase price, or, if a gift, appraised value. (Ord. 12/8/94; Ord. 3/9/00)

SECTION VII. STEWARDSHIP & MANAGEMENT.

1. The Trust shall retain any real property interest relating to land and water areas acquired in its natural, scenic or open condition, in a manner consistent with the purposes of the Enabling Act and with the purposes of any grant or devise by which land was acquired. The Trustees shall administer and manage its land and interest.

2. The Trustees may dedicate a reasonable amount of money from the Land Trust Funds to implement management plans for each property.

3. The Trustees shall monitor the Trust's property and interest therein from time to time and at least yearly; to assure that it is being managed in a manner consistent with the objectives of the Act, with the purposes of any grant or devise by which the land was acquired.

4. Signs and markers shall be of a design that is in keeping with the property so marked and shall be used sparingly and in a reasonable manner. Their placement shall be sensitive to the landscape, natural features, scenic vistas and stonewalls.

5. The Trustees shall maintain a catalogue of acquisitions for the purposes of transferring knowledge of the Trust to succeeding Trustees and future generations. The catalogue shall contain copies of each deed and shall document and reference the history of the transactions. Copies of available maps shall accompany the catalogue and be located in the Town Hall.

6. The Trust will make reasonable efforts to record and identify boundaries of its real property interests through surveys, maps and permanent markers as appropriate. A suitable copy of any such map may be filed with the Land Evidence Records of the Town of Little Compton. (Ord. 3/9/00)

SECTION VIII. INSURANCE.

The Trustees will seek adequate insurance to protect the Trust, its real property and interest therein from legal claims including but not limited to Title Insurance, or general liability coverage. The Trust will also seek adequate directors and officers liability insurance to protect its Trustees from legal claims arising from the performance of their responsibilities as Trustees of the Little Compton Agricultural Conservancy Trust. (Ord. 3/9/00)

SECTION IX. SPECIAL COMMITTEES.

Special committees of the Trust may be elected by the trustees or appointed by the chairperson to carry out activities in furtherance of the Trust purposes. (Ord. 3/9/00)

SECTION X. AMENDMENTS.

These rules and regulations may be amended at any meeting of the Trust by a two-thirds (2/3) vote of the trustees present and voting. Any such amendments are subject to the approval of the Little Compton Town Council. (Ord. 3/9/00)

No. ______

Date ______

THE LITTLE COMPTON AGRICULTURAL CONSERVANCY TRUST

Receipt for Land Transfer Tax Paid (Present this form to the Town Treasurer)

NO ALTERATION OF THIS FORM IS PERMITTED

ONE TRANSFER FORM MUST BE FULLY COMPLETED FOR EVERY CONVEYANCE

(Please print or type)

BUYER'S NAME(S)_______________________________________________

ADDRESS_______________________________________________________

SELLER'S NAME(S)_______________________________________________

ADDRESS_______________________________________________________

(Note: if an entire 100% interest in the property is being conveyed, regardless of the number of transactions, the buyer shall receive One (1) exemption of $75,000 for this transaction or transactions conveying the entire fee interest, regardless of the number of deeds or other instruments used to effectuate the transfer or the number of buyers or sellers participating therein. If less than the entire fee interest is conveyed, then the exemption shall be reduced proportionately. SEE ATTACHED EXAMPLES ON PAGE 2 FOR CALCULATION OF EXEMPTION)

1. PARCEL(S) INVOLVED: Plan No.(s)__________Lot No.(s)________________

2. TOTAL PURCHASE PRICE ................................... _________________

3. PERCENTAGE OF FEE INTEREST CONVEYED._______________

4. EXEMPTION (line 3 x $75,000) ____________________________

5. AMOUNT TAXABLE EQUALS (line 2 minus line 4).____________

6. TRUST TAX RATE = 2% ................................................. ____________

7. TAX DUE EQUALS (line 5 x line 6) ......................... ________________

________________________________________________________________

Signature(s) of Buyer(s)* Printed Name(s)

*(If signed by representative through Power of Attorney, attach copy of Power of Attorney.)

Filing a false document is a violation of R.I.G.L. §11-18-1, punishable by a fine not to exceed $1,000 and/or a term of imprisonment not to exceed one (1) year.

STATE OF________________

COUNTY OF______________

On the_______day of___________, ____ , before me personally appeared______________________ __________

__________________________________________________, to me known and known by me to be the part______ executing the foregoing instrument, and ____________________ acknowledged said instrument, by _______ executed, to be_ _________free act and deed.

Notary Public

Print Name______________________________________________________________________

Commission Expires:_______________________________________________________________

CODE: White - Treasurers copy, Yellow - Clerk's copy. Green - Trust's copy, Pink - Buyer's copy.

Gold - Assessor's copy

EXEMPTION CALCULATION EXAMPLE$

In a conveyance of the entire 100% fee interest, only one (1) exemption of $75,000 shall be applied. In a conveyance of a fractional interest, the exemption shall be reduced to the same percentage as the interest being conveyed. In a conveyance of a lesser interest (such as development rights which are not measurable as fractional interests), the exemption shall be reduced to a percentage obtained by dividing the value of the interest conveyed by the value of the entire pastel.

Examples:

A. If one or more sellers sell a 100% interest in a parcel of land for $200,000, the tax would be computed as follows: $200,000 minus $75,000 exemption = $125,000 x .02 = $2,500 tax. The computation of the exemption is the same whether or not the conveyance is being made in a single deed or in separate deeds.

B. If a seller sells for $50,000 each a 25% interest in real property to 4 separate individuals, resulting in total consideration to the seller of $200,000, the tax would be computed as follows: $50,000 minus $18,750 (amount of exemption equal to 25% of $75,000) = $31,250 x .02 = $625 tax. Upon recordation of all four deeds, the amount of tax collection would be $2,500.

C. If a seller or sellers sell development rights for $160,000 in real property worth $200,000, the tax is computed as follows: $160,000 minus $60,000 (amount of exemption equal to 80% of $75,000) = $100,000 x .02 = $2,000 tax.

D. If a seller or sellers sell only an undivided one-half (1/2) interest in real property, the buyer(s) would be entitled to one--half (1/2) of the exemption of $75,000 or $37,500.

Further inquiries may be made in writing or at the next posted meeting of the Little Compton Agricultural Conservancy Trust. For purposes of written inquiry, please forward communications to:

Little Compton Agricultural Conservancy Trust-Little Compton Town Hall

P.O. Box 226

Little Compton, RI 02837

JANUARY SESSION, A-D. 1991

AN ACT Changing the Date of the Annual Financial Town Meeting, and Amending Section 2 of Chapter 48 of the Public Laws, 1965, Entitled "An Act Providing for a Budget Committee in the Town of Little Compton". (91-H 5562 Approved February 15, 1991)

It is enacted by the General Assembly as follows:

Section 1. Section 1 of chapter 1834 of the public laws of 1931, entitled "An Act Fixing the Time for the Holding of a Financial Town Meeting and for the Election of Town Officers in the Town of Little Compton", amended by chapter 2424 of the public laws of 1950, and by chapter 5 of the public laws of 1982, is hereby further amended to read as follows:

"Section 1. The electors of the town of Little Compton, qualified to vote on any proposition to impose a tax or for the expenditure of money in said town, shall, on the third Saturday in May, 1991, and annually on the third Saturday in May thereafter, assemble in town meeting at one o'clock in the afternoon for the purpose of hearing official reports, ordering a tax or taxes, making appropriations and transacting other business appertaining to the financial affairs of said town. The place or location for holding such financial town meeting shall be designated by the town council of the town of Little Compton and shall be stated in the call and warrant for said meeting. Said financial town meeting shall be warned and called and the list of electors qualified to vote therein shall be made out and canvassed in the same manner as provided by law with respect to elective town meetings."

Section 2. Section 4 of chapter 48 of the public laws of 1965, entitled, "An Act Providing for a Budget Committee in the Town of Little Compton," said act amended by chapter 8 of the public laws of 1979, and by chapter 5 of the public laws of 1982 is amended to read as follows:

"Section 4. The town officers of said town and the heads of the several departments thereof shall submit to the town clerk on or before the fifteenth day of March in each year their estimates of such sums as may be required in connection with the several departments of said towns, and all persons proposing to introduce any resolution for the appropriation of money at the financial town meeting shall file in the office of the town clerk on or before the fifteenth day of March in each year for the use of said committee, the form of resolution for the appropriation of money intended to be presented to the said financial town meeting, in order that the electors of said town qualified to vote at such financial town meeting may be apprised thereof."

Section 3. This act shall take effect upon passage.

Section 4. All acts and parts of acts inconsistent with the sections of this foregoing act are hereby repealed. All other acts and parts of acts to which these said sections apply are affirmed.

JANUARY SESSION, A.D. 1994

AN ACT Changing the Date of the Annual Financial Town Meeting for the Town of Little Compton. (94-S-3136 Approved April 11, 1994)

It is enacted by the General Assembly as follows:

Section 1. Section 1 of Chapter 1834 of the Public Laws of 1931 entitled "An Act Fixing the Time for the Holding of a Financial Town Meeting and for the Election of Town Officers in the Town of Little Compton," amended by Chapter 2424 of the Public Laws of 1950, and by Chapter 5 of the Public Laws of 1982, and further amended by Chapter 10 of the Public Laws of 1991, is hereby further amended as follows:

"Section 1. The electors of the town of Little Compton, qualified to vote on any proposition to impose a tax or for the expenditure of money in said town, shall, on any day within the third week of May, 1994, and annually during the third week in each May thereafter, assemble in town meeting for the purpose of hearing official reports, ordering a tax or taxes, making appropriations and transacting other business appertaining to the financial affairs of said town. The date, time, place or location for holding such financial town meeting shall be designated by the town council of the town of Little Compton not later than April 1 of each year, and shall be stated in the call and warrant for said meeting. Said financial town meeting shall be warned and called and the list of electors qualified to vote therein shall be made out and canvassed in the same manner as provided by law with respect to elective town meetings."

Section 2. This act shall take effect upon passage.

JANUARY SESSION, A.D. 1999

AN ACT Relating to Towns and Cities - Zoning Ordinances (99-S-0908 Effective without signature of governor June 24, 1999)

It is enacted by the General Assembly as follows:

Section 1. Section 45-24-56 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" is hereby amended to read as follows:

45-24-56. Administration - Zoning board of review. - Establishment and procedures. - (A) A zoning ordinance adopted pursuant to this chapter shall provide for the creation of a zoning board of review and for the appointment of members, including alternate members, and for the organization of the board, as specified in the zoning ordinance, or, in cities and towns with home rule or legislative charters, as provided in the charter. A zoning ordinance may provide for remuneration to the zoning board of review members and for reimbursement for expenses incurred in the performance of official duties. A zoning board of review may engage legal, technical, or clerical assistance to aid in the discharge of its duties. The board shall establish written rules of procedure, a mailing address to which appeals and correspondence to the zoning board of review shall be sent, and an office where records and decisions shall be filed.

(B) The zoning board of review shall consist of five (5) members, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one, two (2), three (3), four (4), and five (5) years, respectively. The zoning board of review shall also include two (2) alternates to be designated as the first and second alternate members, their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two (2) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the city or town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.

(C) Notwithstanding the provisions of subsection (B) of this section, the zoning board of review of the town of Jamestown shall consist of five (5) members, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years respectively. The zoning board of review of the town of Jamestown shall also include three (3) alternates to be designated as the first, second, and third alternate members, their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.

(D) Members of zoning boards of review serving on the effective date of adoption of a zoning ordinance under this chapter shall be exempt from the provisions of this chapter respecting terms of originally appointed members until the expiration of their current terms.

(E) The chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

(F) Notwithstanding the provisions of subsection (B) of this section, the Zoning Board of Review for the Town of Little Compton shall consist of five (5) members, each to hold office for the term of five (5) years. The Zoning Board of Review for the Town of Little Compton shall also include three (3) alternates to be designated as the first [1st], second [2nd] and third [3rd] alternate members, their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively participate in the hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the Town Charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.

Section 2. This act shall take effect upon passage.

APPENDIX B TOWN OF LITTLE COMPTON PENSION PLAN

Table of Contents

ARTICLE ONE--DEFINITIONS

1.1 Accrued Benefit

1.2 Actuarial Equivalent

1.3 Actuary

1.4 Administrator

1.5 Beneficiary

1.6 Break in Service

1.7 Code

1.8 Compensation

1.9 Effective Date

1.10 Employee

1.11 Employee Mandatory Contributions

1.12 Employer

1.13 Employment Date

1.14 Firefighters Union

1.15 Hour of Service

1.16 Normal Retirement Age/Normal Retirement Date

1.17 Participant

1.18 Plan

1.19 Plan Year

1.20 Police Officers Union

1.21 Trust

1.22 Trustee

1.23 Valuation Date

1.24 Year of Service

ARTICLE TWO--SPECIAL RULES RELATED TO SERVICE

2.1 Cessation of Employment and Return to Service

2.2 Leave of Absence

2.3 Service in Excluded Job Classification, with Related Companies, or as a Leased Employee

2.4 Special Rules Relating to Veterans Reemployment Rights

ARTICLE THREE--PLAN PARTICIPATION

3.1 Participation

3.2 Reemployment of Former Participant

3.3 Termination of Eligibility

ARTICLE FOUR--RETIREMENT AND DISABILITY BENEFITS, VESTING

4.1 Normal Retirement Benefit

4.2 Late Retirement Benefit

4.3 Early Retirement

4.4 Disability Retirement

4.5 Vesting

ARTICLE FIVE--MODE AND TIME OF DISTRIBUTION OF PENSION BENEFITS

5.1 Normal Form of Benefit

5.2 Joint and Survivor Annuity

5.3 Time of Commencement of Benefit Payments

5.4 Minimum Distribution Rules

5.5 Annuity Income

5.6 Direct Rollover of Eligible Rollover Distributions

ARTICLE SIX--DEATH BENEFITS

6.1 Death Prior to Benefit Commencement

6.2 Designation of Beneficiary

6.3 Time of Distributing Death Benefits

ARTICLE SEVEN--EMPLOYER CONTRIBUTIONS, ROLLOVERS AND TRANSFERS FROM OTHER PLANS

7.1 Employer Contributions

7.2 Employee Mandatory Contributions

7.3 Forfeitures

7.4 Rollovers From Other Plans

ARTICLE EIGHT--ADMINISTRATION OF THE PLAN

8.1 Pension Committee

8.2 Authority of the Pension Committee

8.3 Delegation of Authority

8.4 Reliance on Reports and Certificates

8.5 Annual Report

8.6 Claims Procedure

8.7 Trust Agreement and Designation of Trustee

8.8 Actuary

ARTICLE NINE--BENEFIT LIMITATIONS

9.1 Limitation on Benefits

9.2 Benefit Increases Resulting from the Increase in the

Limitations of Section 415(b) of the Code

ARTICLE TEN--AMENDMENT AND TERMINATION

10.1 Amendment

10.2 Termination of the Plan

ARTICLE ELEVEN--MISCELLANEOUS PROVISIONS

11.1 Plan Does Not Affect Employment

11.2 Merger of Plans

11.3 Benefits Not Assignable

11.4 Distribution to Legally Incapacitated

11.5 Governing Documents

11.6 Governing Law

11.7 Construction

11.8 Headings

11.9 Counterparts

11.10 Location of Participant or Beneficiary Unknown

SIGNATURE PAGE

TOWN OF LITTLE COMPTON PENSION PLAN

WHEREAS, the Town of Little Compton (hereinafter referred to as the "Employer") adopted the Town of Little Compton Pension Plan (hereinafter referred to as the "Plan") for the benefit of its Employees, effective as of January 1, 1972; and

WHEREAS, Article Ten of said Plan provides that the Employer may amend the Plan; and

WHEREAS, the Employer wishes to amend the Plan; and

WHEREAS, it is intended that the Plan is to be a qualified plan under Section 401(a) of the Internal Revenue Code and is to be operated for the exclusive benefit of the Participants and their Beneficiaries;

NOW, THEREFORE, the Plan is hereby amended by restating the Plan in its entirety as follows:

ARTICLE ONE - DEFINITIONS

For purposes of this Plan, unless the context or an alternative definition specified within another Article provides otherwise, the following words and phrases shall have the meanings indicated:

1.1 "ACCRUED BENEFIT" shall mean the amount to which a Participant would be entitled under the benefit formula in Section 4.1 commencing at his Normal Retirement Date, based upon the Participant's Average Compensation, Years of Service and the Plan provisions in effect as of the determination. Notwithstanding the foregoing, in the case of a Participant who is a member of (a) the Police Officers Union and is employed by the Town of Little Compton Police Department or (b) the Firefighters Union and is employed by the Town of Little Compton Fire Department, the Accrued Benefit shall be determined without regard to the fact that, effective July 1, 1992, the Participant shall receive a monthly retirement benefit, after twenty-five (25) Years of Service, equal to fifty percent (50%) of his Compensation immediately prior to his termination of Service. In the case of any Participant who is credited with at least one Hour of Service in a Plan Year beginning on or after January 1, 1988, the accrual of benefits may not be discontinued nor may the rate of such accruals be reduced solely on account of the Participant's attainment of any specified age. The treatment of benefit accruals beyond Normal Retirement Date shall be determined in accordance with Section 4.2. Effective for the period from July 1, 1993 through June 30, 1997, Years of Service during which a member of the Firefighters Union declined to make Employee Mandatory Contributions shall be disregarded for purposes of determining such Participant's Accrued Benefit.

Notwithstanding the foregoing provisions of this Section 1.1, effective July 1, 1997, Employee Mandatory Contributions are no longer required to be made to the Plan by members of the Firefighters Union. Effective for the period from July 1, 1994 through June 30, 2000, Years of Service during which a member of the Police Officers Union declined to make Employee Mandatory Contributions shall be disregarded for purposes of determining such Participant's Accrued Benefit. (Ord. 5/18/00; Ord. 6/13/02)

1.2 "ACTUARIAL EQUIVALENT" shall mean a benefit that has a value equal to any benefit otherwise payable under the Plan as determined by the Actuary.

(a) Equivalence, for all purposes except for determining an Actuarial Equivalent single sum, shall be determined using the following factors:

	Pre-Retirement	Post-Retirement
Interest:	7%	7%
Mortality:	None	1984 Unisex Pension Mortality Table

(b) Effective January 1, 2000, the distribution to a Participant of a benefit under the Plan in the form of an Actuarial Equivalent single sum shall be determined in accordance with (1) and (2) below, whichever produces the greater single sum amount:

(1) Pre-Retirement Post-Retirement

Interest:	7%	7%
Mortality:	None	1984 Unisex Pension Mortality Table

(2) Pre-Retirement Post-Retirement

Interest:	The "applicable interest rate" defined below	The "applicable interest rate" defined below
Mortality:	The "applicable mortality table" defined below	The "applicable mortality table" defined below

For purposes of this Section 1.2, the term "applicable interest rate" means the annual rate of interest on 30-year Treasury securities for the calendar month that is two (2) months preceding the first day of the Plan Year in which the distribution occurs. The "applicable interest rate" shall remain constant for one calendar month year.

For purposes of this Section 1.2, the term "applicable mortality table" means the table prescribed by the Secretary of the Treasury. Such table shall be based on the prevailing commissioner's standard table, as described in Section 807(d)(5)(A) of the Code, used to determine reserves for group annuity contracts issued on the dates as of which the present value is being determined (without regard to any other subparagraphs of Section 807(d)(5) of the Code). The applicable mortality table is based upon a fixed blend of fifty percent (50%) of the male mortality rates and fifty percent (50%) of the female mortality rates from the 1983 Group Annuity Mortality Table, which mortality table is set forth in Internal Revenue Service Revenue Ruling 95-6. Notwithstanding the foregoing, effective December 31, 2002, for purposes of this Section 1.2, the term "applicable mortality table" means the mortality table based upon a fixed blend of fifty (50%) percent of the unloaded male mortality rates and fifty (50%) percent of the unloaded female mortality rates underlying the 1994 Group Annuity Reserving Table, projected to 2002, which mortality table is set forth in Internal Revenue Service Revenue Ruling 2001-62.

(c) In the event the factors used to determine Actuarial Equivalent are modified, the value of a Participant's benefit, on or after the effective date of such change, shall be the greater of (1) the Actuarial Equivalent of the Accrued Benefit determined as of the day before the effective date of the change in such factors, or (2) the Actuarial Equivalent of the Accrued Benefit as of the date of determination computed using the new factors. Notwithstanding the foregoing provisions of this Section 1.2(c), this Section does not apply to the modification of the factors used to determine Actuarial Equivalent pursuant to Section 1.2(b)(2) which is effective for distributions on or after January 1, 2000, as permitted by Income Tax Regulation Section 1.417(e)-1(d)(10). (Ord. 6/13/02; Ord. 12/19/02, §1)

1.3 "ACTUARY" shall mean an actuary appointed by the Administrator under whose supervision valuation reports and benefit calculations are performed for the Plan. The actuary must be enrolled under Federal practice. (Ord. 6/13/02)

1.4 "ADMINISTRATOR" shall mean the Pension Committee appointed in accordance with the provisions of Section 8.1. (Ord. 6/13/02)

1.5 "BENEFICIARY" shall mean any person, trust, organization or estate entitled to receive a death benefit under the Plan on the death of a Participant. (Ord. 6/13/02)

1.6 "BREAK IN SERVICE" shall mean a twelve (12)-month computation period (as used for measuring Years of Service for vesting purposes) in which an Employee or Participant is not credited with more than five hundred (500) Hours of Service. (Ord. 6/13/02)

1.7 "CODE" shall mean the Internal Revenue Code of 1986, as amended from time to time. (Ord. 6/13/02)

1.8 "COMPENSATION" shall mean:

(a) The monthly equivalent of a Participant's base annual compensation paid by the Employer as in effect on July 1 of each Plan Year, but exclusive of bonuses and overtime, and exclusive of any program of deferred compensation, employee benefits, or additional remuneration payable other than in cash. In the case of a Participant whose normal work schedule consists of less than forty (40) hours per week, "Compensation" shall mean the monthly equivalent of a Participant's Compensation paid by the Employer in a Plan Year, but exclusive of any program of deferred compensation, employee benefits, or additional numeration payable other than in cash. Compensation shall include any amounts deferred under a salary reduction agreement in either a Code Section 401(k) plan or under a Code Section 125 plan maintained by the Employer.

(b) Compensation Limitations. Only the first $150,000 (or such larger amount when prescribed by the Secretary of the Treasury or his delegate) of each Participant's Compensation will be considered for all purposes under the Plan. The increase in the $150,000 limit in effect on January 1 of any calendar year is effective for the Plan Year commencing in such calendar year. If a Participant's benefit for the current Plan Year is determined with reference to annual Compensation paid to him in a prior Plan Year, the Compensation for such prior Plan Year shall be limited to $150,000 or the increase in the $150,000 limit in effect for such prior Plan Year.

(1) Decrease in Limit. The annual compensation of each Participant taken into account in determining benefit accruals in any Plan Year beginning after December 31, 2001, shall not exceed $200,000. Annual compensation means compensation during the Plan Year or such other consecutive 12-month period over which compensation is otherwise determined under the Plan (the determination period). For purposes of determining benefit accruals in a Plan Year beginning after December 31, 2001, compensation for any prior determination period shall be limited as provided by the Employer in Section 1.8(b)(3) of this Amendment. (Ord. 12/19/02)

(2) Cost-of-Living Adjustment. The $200,000. limit on annual compensation in Section 1.8(b)(1) shall be adjusted for cost-of-living increases in accordance with Section 401(a)(17)(B) of the Code. The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. (Ord. 12/19/02)

(3) Compensation Limit for Prior Determination Periods. In determining benefit accruals in Plan Years beginning after December 31, 2001, the annual compensation limit in Section 1.8(b)(1), Increase in Limit, for determination periods beginning before January 1, 2002, shall be $150,000. for any determination period beginning in 1996 or earlier; $160,000. for any determination period beginning in 1997, 1998 or 1999; and $170,000. for any determination period beginning in 2000 or 2001. (Ord. 12/19/02)

(c) "AVERAGE COMPENSATION" shall mean the Compensation of a Participant averaged over the five (5) consecutive calendar years in his last ten (10) calendar years as an Employee producing the highest average prior to the earlier of (1) his termination of Service or (2) termination of the Plan. Effective July 1, 2000, "Average Compensation" shall mean the Compensation of a Participant averaged over the three (3) consecutive calendar years in his last ten (10) calendar years as an Employee producing the highest average prior to the earlier of (1) his termination of Service or (2) termination of the Plan. In the event a Participant has completed less than sixty (60) (thirty-six (36), effective July 1, 2000) consecutive complete calendar months as an Employee receiving Compensation from the Employer, his Average Compensation shall be determined based upon all complete calendar months as an Employee. Notwithstanding the foregoing, effective July 1, 1992, in the case of a Participant who is a member of the Police Officers Union and is employed by the Town of Little Compton Police Department, "Average Compensation" shall mean the Compensation of the Participant averaged over the twelve (12)-consecutive-month period from July 1 through June 30 in which the Participant had the highest Compensation prior to his termination of Service. Notwithstanding the foregoing, in the case of a Participant who is a member of the Firefighters Union and is employed by the Town of Little Compton Fire Department, "Average Compensation" shall mean the Compensation of the Participant averaged over the twelve (12)-consecutive-month period from July 1 through June 30 in which the Participant had the highest Compensation prior to his termination of Service. (Ord. 5/18/00; Ord. 6/13/02)

1.9 "EFFECTIVE DATE" The Plan's initial Effective Date is January 1, 1972. The Effective Date of this restated Plan, on and after which it supersedes the terms of the existing Plan document, is January 1, 2002, except where the provisions of the Plan shall otherwise specifically provide. The rights of any Employee or Participant who separated from the Employer's service prior to that date shall be established under the terms of the Plan and Trust as in effect at the time of his separation, unless he subsequently returns to service with the Employer. Rights of spouses or beneficiaries of such Participants shall also be governed by those documents. (Ord. 6/13/02)

1.10 "EMPLOYEE" shall mean a common law employee of the Employer. Employee shall not include any individual who the Employer has classified as an independent contractor solely on account of his reclassification by the Internal Revenue Service as an employee. (Ord. 6/13/02)

1.11 "EMPLOYEE MANDATORY CONTRIBUTIONS" shall mean contributions made by the Employees as set forth in Section 7.2. (Ord. 6/13/02)

1-12 "EMPLOYER" shall mean the Town of Little Compton. (Ord. 6/13/02)

1-13 "EMPLOYMENT DATE" shall mean the first date as of which an Employee is credited with an Hour of Service, provided that in the case of a Break in Service, his Employment Date shall be the first date thereafter as of which he is credited with an Hour of Service. (Ord. 6/13/02)

1-14 "FIREFIGHTERS UNION" shall mean Local 3957, International Association of Fire Fighters, AFC-CIO. (Ord. 6/13/02)

1.15 "HOUR OF SERVICE" shall mean:

(a) Each hour for which an Employee is paid or entitled to payment for the performance of duties for the Employer. These hours shall be credited to the Employee for the computation period in which the duties are performed; and

(b) Each hour for which an Employee is paid, or entitled to payment, by the Employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence. No more than five hundred and one (501) Hours of Service shall be credited under this subsection for any single continuous period (whether or not such period occurs in a single computation period). An hour for which an Employee is directly or indirectly paid, or entitled to payment, on account of a period during which no duties are performed shall not be credited to the Employee if such payment is made or due under a plan maintained solely for the purpose of complying with applicable worker's compensation, or unemployment compensation or disability insurance laws. Hours of Service shall not be credited for a payment which solely reimburses an Employee for medical or medically related expenses incurred by the Employee. Hours of Service under this subsection shall be calculated and credited pursuant to section 2530.200b-2 of the Department of Labor regulations which is incorporated herein by this reference; and

(c) Each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Employer. The same Hours of Service shall not be credited both under subsection (a) or subsection (b), as the case may be, and under this subsection (c). These Hours of Service shall be credited to the Employee for the computation period or periods to which the award or agreement pertains rather than the computation period in which the award, agreement or payment is made.

(Ord. 6/13/02)

1.16 "NORMAL RETIREMENT AGE" shall mean a Participant's 62nd birthday or, if later, the fifth anniversary of his initial Employment Date. Notwithstanding the foregoing, effective July 1, 1992, in the case of a Participant who is a member of (a) the Police Officers Union and is employed by the Town of Little Compton Police Department or (b) the Firefighters Union and is employed by the Town of Little Compton Fire Department, "Normal Retirement Age" shall mean the earlier of (1) his 62nd birthday or, if later, the fifth anniversary of his initial Employment Date, or (2) the date he completes twenty-five (25) Years of Service.

Notwithstanding the foregoing provisions of this Section 1.16, in the case of a Participant who is a member of the Police Officers Union and is initially employed by the Town of Little Compton Police Department on or after July 1, 1994, "Normal Retirement Age" shall mean the later of the Participant's 55th birthday or the date he completes twenty-five (25) Years of Service. (Ord. 5/18/00; Ord. 6/13/02)

"NORMAL RETIREMENT DATE" shall mean a Participant's attainment of Normal Retirement Age. (Ord. 6/13/02)

1.17 "PARTICIPANT" shall mean any Employee who has satisfied the eligibility requirements of Article Three and who is participating under the Plan, and shall include Participants who terminated Service with the Employer but have not received a total distribution of their vested Accrued Benefits. (Ord. 6/13/02)

1.18 "PLAN" shall mean this Plan as set forth herein and as it may be amended from time to time. (Ord. 6/13/02)

1.19 "PLAN YEAR" shall mean the twelve (12)-consecutive-month period beginning July 1 and ending June 30. (Ord. 6/13/02)

1.20 "POLICE OFFICERS UNION" shall mean Local 644, International Brotherhood of Police Officers. (Ord. 6/13/02)

1.21 "TRUST" shall mean the Trust Agreement entered into between the Employer and the Trustee forming part of this Plan, together with any amendments thereto. "Trust Fund" shall mean any and all property held by the Trustee pursuant to the Trust Agreement, together with income therefrom. (Ord. 6/13/02)

1.22 "TRUSTEE" shall mean the Trustee or Trustees appointed by the Employer in accordance with Section 8.2, and any successors thereto. (Ord. 6/13/02)

1.23 "VALUATION DATE" shall mean the annual date selected by the Actuary as of which Plan assets are valued and liabilities determined for purposes of an actuarial valuation. (Ord. 6/13/02)

1.24 "YEAR OF SERVICE" or "SERVICE" shall mean a twelve (12)-consecutive-month computation period in which an Employee is credited with one thousand (1,000) or more Hours of Service. For all purposes other than eligibility to participate in the Plan under Section 3.1, the twelve (12)-consecutive-month period from January 1 to December 31 in which an Employee is credited with one thousand (1,000) or more Hours of Service shall be the computation period. (Special rules with respect to Service in job classifications which are ineligible for Plan participation appear in Article Two.)

If a Year of Service is ever required purposes of eligibility to participate in the Plan under Section 3.1, a Year of Service shall be determined as follows: the first computation period shall be the twelve (12)-consecutive-month period commencing on the Employee's Employment Date. If the Employee is credited with one thousand (1,000) or more Hours of Service in that period he will be credited with a Year of Service for eligibility as of the last day of the twelve (12)-month period. If the Employee does not complete one thousand (1,000) or more Hours of Service in that period he shall be credited with a Year of Service for eligibility when he completes one thousand (1,000) or more Hours of Service in any vesting computation period which starts on or after his Employment Date. For vesting and accrual purposes, credit for a Year of Service shall be given upon the completion of the one thousandth (1,000th) Hour of Service in each computation period. Effective for the period from July 1, 1993 through June 30, 1997, Years of Service during which a member of the Firefighters Union declined to make Employee Mandatory Contributions shall be disregarded for vesting and accrual purposes.

Notwithstanding the foregoing provisions of this Section 1.24, effective July 1, 1997, Employee Mandatory Contributions are no longer required to be made to the Plan by members of the Firefighters Union. Effective for the period from July 1, 1994 through June 30, 2000, Years of Service during which a member of the Police Officers Union who was hired on or after July 1, 1994 and declined to make Employee Mandatory Contributions shall be disregarded for vesting and accrual purposes. (Ord. 5/18/00; Ord. 6/13/02)

ARTICLE TWO - SPECIAL RULES RELATED TO SERVICE

2.1 CESSATION OF EMPLOYMENT AND RETURN TO SERVICE.

An Employee who returns to employment after a Break in Service shall retain credit for his pre-Break Years of Service, subject to the following rules:

(a) If, when the Employee incurred his Break in Service, he had not completed sufficient Years of Service to be credited with a vested benefit, his pre-Break Years of Service will be disregarded for vesting purposes if his consecutive Breaks in Service equal or exceed the greater of five (5) or the aggregate number of pre-Break Years of Service.

(b) If the Participant received full or partial payment of his vested interest in the Plan, pre-Break Years of Service will be restored for accrual purposes only if amounts are repaid, with five percent (5%) interest compounded annually, as of the earlier of the date which is five (5) years after the Participant's subsequent Employment Date, or the date which is the last day of the period in which the Participant incurs five (5) consecutive Breaks in Service commencing as of the date of distribution. It is the intention of the Employer that no Employee receive a duplication of benefits and this Section shall be so interpreted.

(Ord. 6/13/02)

2.2 LEAVE OF ABSENCE.

A Participant on an unpaid leave of absence pursuant to the Employer's normal personnel policies shall be credited Hours of Service at his regularly scheduled weekly rate while on such leave, provided the Employer acknowledges in writing that the leave is with its approval. These Hours of Service will be credited only for purposes of determining if a Break in Service has occurred, and not for eligibility to participate under Section 3.1, benefit accrual under Section 4.1, vesting under Section 4.5, or any other purpose under the Plan. Rules dealing with crediting of Service during a paid leave of absence are set forth in Section 1.15.

For any individual who is absent from work for any period by reason of the individual's pregnancy, birth of the individual's child, placement of a child with the individual in connection with the individual's adoption of the child, or by reason of the individual's caring for the child for a period beginning immediately following such birth or placement, the Plan shall treat as Hours of Service, solely for determining if a Break in Service has occurred, the following Hours of Service:

(a) the Hours of Service which otherwise normally would have been credited to such individual but for such absence; or

(b) in any case when the Administrator is unable to determine the Hours of Service, an assumed eight Hours of Service per day of absence.

In no event will more than five hundred and one (501) of such Hours of Service be credited by reason of any such pregnancy or placement. The Hours of Service shall be credited in the computation period (used for measuring Years of Service for vesting purposes) which starts after the period of absence begins. However, the Hours of Service shall instead be credited to the computation period in which the absence begins if it is necessary to credit the Hours of Service in that period to avoid the occurrence of a Break in Service.

(Ord. 6/13/02)

2.3 SERVICE IN EXCLUDED JOB CLASSIFICATION, WITH RELATED COMPANIES, OR AS A LEASED EMPLOYEE.

(a) Preamble. As provided in more detail below, an Employee is not eligible to accrue benefits under the Plan if Section 3.1 specifically excludes his job classification. However, Employees in an ineligible job classification are entitled, together with employees of certain related businesses, to credit for their Service in the event such Employees become employed in an eligible classification with the Employer.

(b) Definitions.

(1) Eligible Classification. An Employee will be considered in an eligible class of Employees for such period when his Employer has adopted the Plan and such Employee is not in an ineligible class of Employees.

(2) Ineligible Classification. An Employee will be considered in an ineligible class of Employees for any period when:

(A) the Employee is in a job classification which is excluded under Section 3.1; or

(B) the Employee is an employee of an employer who is a member of a controlled group of businesses or an affiliated service group (as defined in Section 414 of the Code), which employer has not adopted this Plan.

(c) Service Rules for Ineligible Classifications. Hours of Service in an ineligible classification will be credited for purposes of determining Years of Service for eligibility to participate in the Plan under Section 3.1 and for purposes of determining the Employee's vesting percentage in the event the Employee participates in the Plan. Hours of Service in an ineligible classification will not be credited for purposes of determining the Service required for a benefit under Article Four.

(d) Construction. This Section is included in the Plan to comply with the Code provisions regarding the crediting of Service, and not to extend any additional rights to Employees in ineligible classifications other than those required by the Code and regulations thereunder.

(Ord. 6/13/02)

2.4 SPECIAL RULES RELATING TO VETERANS REEMPLOYMENT RIGHTS.

Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Code. The provisions of this Section 2.4 are effective December 12, 1994. (Ord. 6/13/02)

ARTICLE THREE - PLAN PARTICIPATION

3.1 PARTICIPATION.

All Employees participating in this Plan prior to the Plan's restatement shall continue to participate, subject to the terms hereof. Each other Employee shall become a Participant under the Plan effective as of the first day of the Plan Year coincident with or next following his Employment Date. Notwithstanding the foregoing, effective for the period from July 1, 1993 through June 30, 1997, an Employee who is a member of the Firefighters Union and is employed by the Town of Little Compton Fire Department is not eligible to participate in the Plan unless he agrees to make Employee Mandatory Contributions as set forth in Section 7.2.

Notwithstanding the foregoing provisions of this Section 3.1, effective July 1, 1997, Employee Mandatory Contributions are no longer required to be made to the Plan by members of the Firefighters Union. Notwithstanding the foregoing, effective for the period from July 1, 1994 through June 30, 2000, an Employee who is a member of the Police Officers Union who was hired on or after July 1, 1994 and is employed by the Town of Little Compton Police Department is not eligible to participate in the Plan unless he agrees to make Employee Mandatory Contributions as set forth in Section 7.2. (Ord. 5/18/00; Ord. 6/13/02)

3.2 REEMPLOYMENT OF FORMER PARTICIPANT.

A Participant whose participation ceased because of termination of employment with the Employer will immediately participate upon his reemployment. (Ord. 6/13/02)

3.3 TERMINATION OF ELIGIBILITY.

If a Participant shall become ineligible to participate in the Plan because the Participant's job classification is specifically excluded under Section 3.1 or Section 2.3(b)(2), such Participant shall continue to vest in his Accrued Benefit under the Plan for each Year of Service completed while an ineligible Employee until such time as his benefit is distributed to him pursuant to the terms of the Plan. If a Participant becomes ineligible during a Plan Year, such Participant shall accrue a benefit based upon the Participant's Average Compensation as determined as of his termination of eligibility, provided such Participant is credited with a Year of Service in such Plan Year. (Ord. 6/13/02)

ARTICLE FOUR - RETIREMENT AND DISABILITY BENEFITS, VESTING

4.1 NORMAL RETIREMENT BENEFIT.

Each Participant who retires at his Normal Retirement Date shall be entitled to receive a monthly retirement benefit determined as of such date. Effective prior to July 1, 2000, the amount of his monthly benefit shall be equal to the product of one and one-half percent (1.5%) of his Average Compensation and the number of his Years of Service. Effective July 1, 2000, the amount of his monthly benefit shall be equal to the product of one and sixty-five hundredths percent (1.65%) of his Average Compensation and the number of his Years of Service. Notwithstanding the foregoing, effective July 1, 1992, each Participant who is a member of (a) the Police Officers Union and is employed by the Town of Little Compton Police Department or (b) the Firefighters Union and is employed by the Town of Little Compton Fire Department, and retires after twenty-five (25) Years of Service, shall be entitled to receive a monthly retirement benefit equal to fifty percent (50%) of his highest annual Compensation, which monthly retirement benefit shall, effective July 1, 1997, be increased by two percent (2%) for each Year of Service in excess of twenty-five (25) to a maximum of sixty percent (60%) of his Compensation immediately prior to his termination of Service. In no event shall a Participant who retires at his Normal Retirement Date receive a monthly retirement benefit of less than one twelfth (1/12) of the product of one hundred dollars ($100.00) and his Years of Service.

A Participant's right to his benefit shall be nonforfeitable upon reaching Normal Retirement Age. It shall be payable under the rules specified in Article Five. In no event will the Normal Retirement Benefit be greater than the maximum permissible amount defined in Section 9.1(b)(8).

Effective for the period from July 1, 1993 through June 30, 1997, a member of the Firefighters Union shall not accrue a benefit for periods during which such Participant declined to make Employee Mandatory Contributions. Effective July 1, 1997, Employee Mandatory Contributions are no longer required to be made to the Plan by members of the Firefighters Union. Effective for the period from July 1, 1994 through June 30, 2000, a member of the Police Officers Union who was hired on or after July 1, 1994 shall not accrue a benefit for periods during which such Participant declined to make Employee Mandatory Contributions.

Effective July 1, 2000, the monthly retirement benefit of a Participant who has retired and is receiving his monthly benefit on July 1, 2000 shall be increased annually by two percent (2%) as of July 1 of each year to reflect a cost of living increase. The monthly retirement benefit of each Participant who retires after July 1, 2000 and is receiving his monthly benefit shall be increased annually by two percent (2%) as of each anniversary of the Participant's retirement date, commencing with the first anniversary of his retirement date, to reflect a cost of living increase.

Notwithstanding the foregoing provisions of this Section 4.1, effective August 1, 2003, a Participant who is employed by the Town of Little Compton Fire Department, who has attained age fifty (50) and has completed at least twenty-five (25) Years of Service for accrual purposes as of August 1, 2003, and separates from Service on or after August 1, 2003 and prior to September 1, 2003 (or the last date on which he is scheduled to work for the Employer, if earlier) shall be entitled to an increase in his monthly normal retirement benefit which results from using an additional four (4) Years of Service in computing his normal retirement benefit as of his date of termination of employment. In no event, however, shall any Participant be eligible for the increased normal retirement benefit pursuant to this paragraph unless he has executed the required Agreement and Release Form no later than August 31, 2003. The effective date of the Participant’s retirement pursuant to this paragraph shall be September 1, 2003.

(Ord. 5/18/00; Ord. 6/13/02; Ord. 7/23/03)

4.2 LATE RETIREMENT BENEFIT.

A Participant who remains in the employ of the Employer after his Normal Retirement Date shall not be eligible to receive his benefit until his actual retirement date, except if a minimum distribution is required by the rules specified in Section 5.6. Any such Participant shall be entitled to a monthly benefit the Actuarial Equivalent of the monthly benefit which would have been payable under Section 4.1 had he retired at Normal Retirement Date. The monthly benefit calculated under this Section 4.2 shall be offset by the Actuarial Equivalent of benefit payments made to the Participant during the Plan Year under the minimum distribution rules.

Notwithstanding the foregoing provisions of this Section 4.2, a Participant's Accrued Benefit is actuarially increased to take into account the period after age 70 1/2 in which the Employee does not receive any benefits under the Plan. The actuarial increase begins on the April 1 following the calendar year in which the Employee attains age 70 1/2 (January 1, 1997 in the case of an Employee who attained age 70 1/2 prior to 1996), and ends on the date on which benefits commence after retirement in an amount sufficient to satisfy Section 401(a)(9) of the Code.

The amount of actuarial increase payable as of the end of the period for actuarial increases must be no less than the actuarial equivalent of the Employee's retirement benefits that would have been payable as of the date the actuarial increase must commence plus the actuarial equivalent of additional benefits accrued after that date, reduced by the actuarial equivalent of any distributions made after that date. The actuarial increase is generally the same as, and not in addition to, the actuarial increase required for that same period under Section 411 of the Code to reflect the delay in payments after normal retirement, except that the actuarial increase required under Section 401(a)(9)(C) of the Code must be provided even during the period during which an Employee is in Code Section 411(a)(3)(B) service.

For purposes of Section 411(b)(1)(H) of the Code, the actuarial increase will be treated as an adjustment attributable to the delay in distribution of benefits after the attainment of Normal Retirement Age. Accordingly, to the extent permitted under Section 411(b)(1)(H) of the Code, the actuarial increase required under Section 401(a)(9)(C)(iii) of the Code may reduce the benefit accrual otherwise required under Section 411(b)(1)(H)(i) of the Code, except that the rules on the suspension of benefits are not applicable. (Ord. 6/13/02)

4.3 EARLY RETIREMENT.

A Participant who separates from Service on or after the later of his attainment of age fifty (50) and the completion of at least twenty (20) Years of Service shall be entitled to elect to receive his monthly retirement benefit either (a) commencing on his Normal Retirement Date in an amount equal to the product of one and one-half percent (1.5%) of his Average Compensation and the number of his Years of Service, or (b) commencing on the first day of the month following his satisfaction of the age and service requirements for Early Retirement in an amount equal to the product of one and twenty-five hundredths percent (1.25%) of his Average Compensation and the number of his Years of Service.

Notwithstanding the foregoing provisions of this Section 4.3, effective August 1, 2003, a Participant who is employed by the Town of Little Compton Fire Department, who has attained age fifty (50) and has completed at least twenty-five (25) Years of Service for accrual purposes as of August 1, 2003, and separates from Service on or after August 1, 2003 and prior to September 1, 2003 (or the last date on which he is scheduled to work for the Employer, if earlier) shall be entitled to an increase in his monthly normal retirement benefit which results from using an additional four (4) Years of Service in computing his normal retirement benefit as of his date of termination of employment. In no event, however, shall any Participant be eligible for the increased normal retirement benefit pursuant to this paragraph unless he has executed the required Agreement and Release Form no later than August 31, 2003. The effective date of the Participant’s retirement pursuant to this paragraph shall be September 1, 2003.

(Ord. 6/13/02; Ord. 7/23/03)

4.4 DISABILITY RETIREMENT.

(a) Payment in the Event of Disability. If a Participant who has been credited with ten (10) or more Years of Service shall separate from Service with the Employer by reason of total and permanent disability, the Participant shall be entitled to receive disability payments determined as of the date of his disability retirement in an amount equal to the normal retirement benefit accrued in accordance with Section 4.1.

(b) Disability Retirement Benefit. As set forth in the Town Ordinance of the Town of Little Compton, if a Participant who is employed by the Town of Little Compton Police Department or the Town of Little Compton Fire Department shall separate from Service with the Employer by reason of occupational disability, the Participant shall be entitled to receive a monthly occupational disability benefit in an amount equal to sixty-eight percent (68%) of the Participant's Compensation at the time of the occupational disability. The benefit shall be payable monthly for the period of disability. A Participant who is receiving an occupational disability benefit shall not be eligible to receive the cost of living increases set forth in Section 4.1 to the occupational disability benefit.

(c) Time of Payment. The Participant may elect to have payment of benefits commence on the first day of the month following the date on which a determination of total and permanent disability is made by the Pension Committee pursuant to the rules specified in Section 4.4(b).

(d) Form of Payment. Payment shall be made in accordance with the provisions of Article Five. Payments shall be deemed disability income until the earlier of the first of the month in which the Participant dies, recovers from disability or attains his Normal Retirement Date. If such disability continues to his Normal Retirement Date, the Participant shall be considered as retiring on his Normal Retirement Date, and he shall continue to receive the same monthly benefit payments.

(e) Effect of Recovery From Disability. If, upon recovery from disability, a Participant reenters employment covered by this Plan, his Years of Service up to the date of his retirement for disability shall be restored and he shall commence to accrue benefits under the Plan based upon his Years of Service both before his retirement for disability and after his reemployment. However, the Plan benefits to which he may become entitled thereafter shall be reduced by the Actuarial Equivalent of the disability payments received.

(f) Continuing Evidence of Disability. A disabled Participant may be required to submit evidence of his continued eligibility for disability income benefits at any time during disability retirement prior to Normal Retirement Date, but not more than semi-annually, to determine whether he is eligible for continuance of the disability pension. If he engages in gainful employment (or if the Pension Committee determines that he is no longer permanently disabled), his disability income will cease. In the event the disabled Participant fails to submit evidence of his continued eligibility for such disability benefits when requested, his disability pension will be discontinued until he submits such evidence.

(Ord. 6/13/02; Ord. 6/3/04)

4.5 VESTING.

A Participant shall at all times have a nonforfeitable (vested) right to his Employee Mandatory Contributions. Except as otherwise provided with respect to Early or Normal Retirement, disability, or death, a Participant shall have a nonforfeitable right to a percentage of his Accrued Benefit derived from Employer contributions as determined under the following schedule. The benefit shall be payable under the rules specified in Article Five.

Years of Service	Vested Percentage
Less than 10 years	0%
10 years and thereafter	100%

If a Participant terminates employment for reasons other than retirement, death or permanent and total disability prior to his completion of ten (10) Years of Service, he shall be entitled to a refund of his Employee Mandatory Contributions, together with five percent (5%) interest. Distribution of this amount shall commence no later than sixty (60) days following the close of the Plan Year in which the Participant terminated employment. If a Participant terminates employment following his completion of ten (10) Years of Service, he shall not be entitled to a refund of his Employee Mandatory Contributions.

Any percentage of a Participant's Accrued Benefit to which he is not entitled shall be forfeited upon the occurrence of a Break in Service. A zero percent vested Participant shall be considered to have received a complete distribution of his vested Accrued Benefit as of the date of his first Break in Service, and if he returns to the employment of the Employer prior to incurring five (5) consecutive Breaks in Service, he shall be considered to have repaid such distribution as of his completion of one Year of Service after his resumption of employment.

(Ord. 6/13/02)

ARTICLE FIVE - MODE AND TIME OF DISTRIBUTION OF PENSION BENEFITS

5.1 NORMAL FORM OF BENEFIT.

The pension formula under Section 4.1 is calculated to produce a benefit in the form of equal monthly installments, payable to the Participant during his lifetime, with payments ceasing in the month of his death, subject to the succeeding provisions of Article Five. In the case of a Participant with an Eligible Spouse the provisions of Section 5.2 shall apply. (Ord. 6/13/02)

5.2 JOINT AND SURVIVOR ANNUITY.

This Section shall apply to a Participant who does not die prior to the "annuity starting date".

(a) If distribution of a Participant's benefit commences during his lifetime, it shall be paid in the form of an annuity for the life of the Participant or, if the Participant is married as of his benefit commencement date, in the form of a "qualified joint and survivor annuity" for the life of the Participant and his "eligible spouse".

For this purpose, a "qualified joint and survivor annuity" is an immediate annuity for the life of the Participant with a survivor annuity for the life of the spouse which is 67.5% of the amount of the annuity which is payable during the joint lives of the Participant and his spouse. The "qualified joint and survivor annuity" will be the Actuarial Equivalent of the Participant's vested Accrued Benefit.

(b) "Eligible Spouse" is the spouse who (i) is married to the Participant for the one-year period ending prior to the earlier of benefit commencement or the date of the Participant's death, or (ii) becomes married within the one-year period prior to benefit commencement and remains married for at least one year. A divorce occurring after benefit payments have commenced to the Participant will not cause an "eligible spouse" to lose such status, unless the spouse agrees to give up rights hereunder pursuant to the terms of a qualified domestic relations order described in Code Section 414(p). The divorce or death of an "eligible spouse" shall not entitle a subsequent spouse to status as an "eligible spouse."

(Ord. 6/13/02)

5.3 TIME OF COMMENCEMENT OF BENEFIT PAYMENTS.

(a) Normal or Late Retirement. Participants whose employment has terminated shall have distribution of their benefits commence within sixty (60) days following their Normal Retirement Date, unless the Participant elects to defer receipt of his benefits.

(b) Early or Disability Retirement. A Participant whose employment has terminated either due to total and permanent disability or who has met both the age and service requirements for Early Retirement may, subject to the provisions of Section 4.3, request in writing the distribution of his benefits to commence within sixty (60) days of receipt by the Plan Administrator of his valid election.

(c) Pre-retirement Termination of Employment. If a Participant terminates employment for any reason other than Normal or Early Retirement, disability or death, distribution of the Actuarial Equivalent of his vested Accrued Benefit shall commence upon the latest of:

(1) The 60th day after the Participant's Normal Retirement Date occurs; or

(2) The 60th day following the close of the Plan Year in which he terminated employment; or

(3) The 60th day after a Participant's written election to commence payment is delivered to the Administrator.

(d) Latest Commencement Date. Distribution of benefits must commence by the later of the April 1st following the end of the calendar year in which the Participant retires or the April 1st following the end of the calendar year in which the Participant attains age 70 1/2.

(Ord. 6/13/02)

5.4 MINIMUM DISTRIBUTION RULES.

(a) A Participant who must commence distribution of benefits pursuant to Code Section 401(a)(9) may elect a form of payment that is the Actuarial Equivalent of his vested Accrued Benefit in accordance with one of the following options:

(1) In the case of annuity income payments the following rules shall apply:

(A) Payments to Participant or to Participant and Surviving Spouse. Payments shall start no later than as provided under Section 5.3 and shall be calculated to be paid over the Participant's life expectancy or the joint life expectancies of the Participant and his spouse.

(B) Payments to Participant and Non-Spouse Beneficiary. Payments shall start no later than as provided under Section 5.3 and shall be calculated to be paid over the joint life expectancies of the Participant and the Beneficiary. However, the periodic annuity payable to the Beneficiary may not exceed the "applicable percentage" of the Participant's annuity payment, as determined from the Table of Proposed Income Tax Regulation Section 1.401(a)(9)-2, Q & A 6.

(b) Consent to Receive Minimum Distribution. The Administrator shall make reasonable efforts to obtain the consent of the Participant (or spouse, where applicable) to receive distributions. If consent cannot be obtained after reasonable efforts, the Administrator shall distribute benefits in the form of either a Qualified Joint and Survivor Annuity or Qualified Pre-Retirement Survivor Annuity pursuant to Sections 5.2 and 6.1, respectively.

(c) Beneficiaries for purposes of this Section shall be determined in accordance with regulations issued pursuant to Code Section 401(a)(9).

(d) Prior Election. Notwithstanding the requirements of this Section and Section 5.3 to the contrary, any distributions made in accordance with a written election by the Participant or the Participant's Beneficiary before January 1, 1984 may be made or may continue to be made under the provisions of such election, provided such method of distribution would not have disqualified the Plan under Section 401(a)(9) of the Code as in effect prior to January 1, 1984.

(Ord. 6/13/02)

5.5 ANNUITY INCOME.

Subject to the provisions of Section 5.2, the Administrator may direct the Trustee to purchase from an insurance company selected by the Administrator an annuity contract that will provide the monthly income in an amount equal to that which the Participant or Beneficiary is entitled under the Plan. In the event an annuity contract is so purchased, the contract may either be assigned to the Participant or his Beneficiary on a nontransferable basis or held by the Trustee for the benefit of the Participant or his Beneficiary. (Ord. 6/13/02)

5.6 DIRECT ROLLOVER OF ELIGIBLE ROLLOVER DISTRIBUTIONS.

(a) Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.

(b) Definitions.

(1) Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; any hardship distribution described in Section 401(k)(2)(B)(i)(IV) of the Code; and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities).

(A) Modification of Definition of Eligible Rollover Distribution to Include After-Tax Employee Contributions. For purposes of the direct rollover provisions of the Plan, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includible in a gross income. However, such portion may be paid only to an individual retirement account or annuity described in Section 408(a) or (b) of the Code, or to a qualified defined contribution plan described in Section 401(a) or 403(a) of the Code that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible.* (Ord. 12/19/02)

(2) Eligible Retirement Plan. An eligible retirement plan is an Individual Retirement Account described in Section 408(a) of the Code, an Individual Retirement Annuity described in Section 408(b) of the Code, an Annuity Plan described in Section 403(a) of the Code, or a qualified trust described in Section 401(a) of the Code, that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving spouse, an eligible retirement plan is an Individual Retirement Account or Individual Retirement Annuity.

(A) Modification of Definition of Eligible Retirement Plan. For purposes of the direct rollover provisions of the Plan, an eligible retirement plan shall also mean an annuity contract described in Section 403(b) of the Code and an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relation order, as defined in Section 414(p) of the Code.* (Ord. 12/19/02)

(3) Distributee. A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the spouse or former spouse.

(4) Direct Rollover. A direct rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

(Ord. 6/13/02)

ARTICLE SIX - DEATH BENEFITS

6.1 DEATH PRIOR TO BENEFIT COMMENCEMENT.

(a) Pre-Retirement. If a Participant should die while in the employ of the Employer prior to the commencement of benefit payments and is survived by an Eligible Spouse, such spouse shall be entitled to a death benefit in the form of a Qualified Pre-Retirement Survivor Annuity, as set forth in Section 6.1(c). If a Participant should die while in the employ of the Employer prior to the commencement of benefit payments and is not survived by an Eligible Spouse, the Participant's Beneficiary shall be entitled to a refund of the Participant's Employee Mandatory Contributions, if any were made by the Participant, together with five percent (5%) interest.

(b) Deferred Vested. If a Participant, who has a nonforfeitable interest in his Accrued Benefit, dies after termination of employment but prior to the commencement of benefit payments and is survived by an Eligible Spouse as defined in Section 5.2(b), such spouse shall be entitled to a death benefit in the form of a Qualified Pre-Retirement Survivor Annuity, as set forth in Section 6.1(c). If a Participant, who has a nonforfeitable interest in his Accrued Benefit, dies after termination of employment but prior to the commencement of benefit payments and is not survived by an Eligible Spouse, the Participant's Beneficiary shall be entitled to a refund of the Participant's Employee Mandatory Contributions, if any were made by the Participant, together with five percent (5%) interest.

(c) Qualified Pre-Retirement Survivor Annuity. In the case of a Participant with an Eligible Spouse (as defined in Section 5.2(b)), the following minimum death benefit shall constitute the "Qualified Pre-Retirement Survivor Annuity" and shall be provided under the Plan to the Eligible Spouse of a Participant who dies after his attainment of his earliest retirement age (defined below): a monthly pension equal to the amount which the spouse would have received if the Participant had retired on the day before his death and elected a joint and 67 1/2% surviving spouse annuity which was the Actuarial Equivalent of his vested Accrued Benefit. In the case of a Participant who dies on or before his earliest retirement age, the "Qualified Pre-Retirement Survivor Annuity" is a monthly pension equal to the amount the spouse would have received if such Participant had separated from service on the date of his death, survived to his earliest retirement age, elected a qualified joint and 67 1/2% survivor annuity to commence on such date, and died on the next day. Solely for purposes of this Subsection (c), earliest retirement age is the earliest date on which the Participant could elect to receive retirement benefits.

(d) Death After Commencement of Benefit. If a Participant dies after payment of benefits has commenced, no death benefit shall be payable except as provided in the form of pension elected by the Participant under Article Five.

(Ord. 6/13/02)

6.2 DESIGNATION OF BENEFICIARY.

Each Participant shall be entitled to file with the Administrator a designation of Beneficiary to receive a refund of Employee Mandatory Contributions, if any, pursuant to Section 6.1(a) or 6.1(b), or other sums payable hereunder if such Beneficiary survives the Participant. Beneficiary designations may include primary and contingent Beneficiaries, and may be revoked or amended at any time in a similar manner of form, and the most recent designations shall govern. In the absence of an effective designation of Beneficiary or if the Beneficiary dies before complete distribution of the Participant's benefits, all amounts shall be paid to the surviving spouse of the Participant, if living, or otherwise equally to his then surviving children whether by marriage or adopted and the surviving issue of any deceased children, per stirpes, or, if none, to his estate. (Ord. 6/13/02)

6.3 TIME OF DISTRIBUTING DEATH BENEFITS.

(a) Death Prior to Benefit Commencement. Payments under the Qualified Pre-Retirement Survivor Annuity shall commence no later than within a reasonable time after the earliest date on which the Participant could have elected to receive retirement benefits. Distribution of the Participant's Employee Mandatory Contributions shall commence no later than sixty (60) days following the close of the Plan Year of the Participant's death.

(b) Death After Commencement of Benefit Payments. If a Participant dies after payments have commenced, any survivor's benefit must be paid at least as rapidly as under the method of distribution in effect as of the date of the Participant's death.

(Ord. 6/13/02)

ARTICLE SEVEN - EMPLOYER CONTRIBUTIONS, ROLLOVERS, AND TRANSFERS FROM OTHER PLANS

7.1 EMPLOYER CONTRIBUTIONS.

The Employer shall retain an Actuary to assist it in determining the amount of contributions to make under the Plan. The contribution of the Employer may be paid to the Trustee on any date or dates which the Employer may select and shall be made in the form of cash or checks made payable to the Trustee, or in the form of property acceptable to the Trustee under the terms of the Trust. (Ord. 6/13/02)

7.2 EMPLOYEE MANDATORY CONTRIBUTIONS.

Effective for the period from July 1, 1993 through June 30, 1997, each Participant who is a member of the Firefighters Union and is employed by the Town of Little Compton Fire Department shall contribute two and one-half percent (2.5%) of his Compensation to the Plan. Effective July 1, 1994, each Participant who is a member of the Firefighters Union and is employed by the Town of Little Compton Fire Department shall contribute three percent (3%) of his Compensation to the Plan. Effective July 1, 1995, each Participant who is a member of the Firefighters Union and is employed by the Town of Little Compton Fire Department shall contribute four and one-half percent (4.5%) of his Compensation to the Plan.

Effective July 1, 1997, Employee Mandatory Contributions are no longer required to be made to the Plan by members of the Firefighters Union. Effective for the period from July 1, 1994 through June 30, 2000, each Participant who is a member of the Police Officers Union and is employed by the Town of Little Compton Police Department shall contribute two and one-half percent (2.5%) of his Compensation to the Plan. (Ord. 5/18/00; Ord. 6/13/02)

7.3 FORFEITURES.

No forfeiture under the Plan shall be applied to increase the benefits that any Participant or Beneficiary would otherwise receive. Any amounts forfeited shall be held in the Trust Fund and used to reduce the contributions of the Employer. (Ord. 6/13/02)

7.4 ROLLOVERS FROM OTHER PLANS.

The Employer, operationally and on a nondiscriminatory basis, may limit the source of rollover contributions that may be accepted by this Plan. The Employer will not accept the rollover of after-tax employee contributions from another plan. (Ord. 12/19/02)

ARTICLE EIGHT - ADMINISTRATION OF THE PLAN

8.1 PENSION COMMITTEE.

The Plan shall be administered by a Pension Committee which shall consist of five (5) members duly elected as provided herein to serve for one year or until their successors are elected:

(a) Three (3) members who shall be qualified to vote in Little Compton shall be annually appointed in May by the Town Council.

(b) One (1) member shall be elected by the Town Council of the Employer from among its members.

(c) One (1) member shall be elected in April of each year by those Employees of the Employer who are members of the Plan but not members of the International Brotherhood of Police Officers or the I.A.F.F. Such Employee representative must be a Plan Participant.

(d) One (1) member shall be elected in April of each year by those Employees of the Employer who are members of the Plan and the International Brotherhood of Police Officers. Such Employee representative must be a Plan Participant.

(e) One (1) member shall be a member of the I.A.F.F. union who is an Employee of the Town and a Plan Participant.

The Pension Committee shall act by a majority of its members then in office, and any such action may be taken either by vote at a meeting or by written consent without a meeting. The members of the Pension Committee shall serve without compensation for their services.

(5/17/94; 1/2/95; 6/13/02)

8.2 AUTHORITY OF THE PENSION COMMITTEE.

The Pension Committee shall be the named fiduciary under the Plan and shall have the authority to interpret the Plan and to determine the eligibility for benefits of Participants and beneficiaries pursuant to the provisions of the Plan and to decide any and all matters arising in connection with the administration of the Plan. The Pension Committee shall also act as Plan Administrator. The Pension Committee shall also have the authority to amend the Plan provided the amendment is of a minor or technical nature. In the exercise of such authority, the Pension Committee shall endeavor to act by general rules so as not to discriminate in favor of any person. (Ord. 6/13/02)

8.3 DELEGATION OF AUTHORITY.

The Pension Committee may establish procedures for allocating fiduciary responsibilities among the members of the Pension Committee and may designate any one or more persons to exercise any of its powers or to execute or deliver any instruments or make any payments on its behalf; provided, however, that no person other than a member of the Pension Committee, or the Trustee, shall have any authority or control, whether or not discretionary, respecting the management or disposition of the Plan's assets. Any such delegation of fiduciary responsibilities shall be authorized by a majority vote of the Pension Committee. The Pension Committee may employ such agents and such clerical services as it may require in carrying out the provisions of the Plan and applicable law. Any expense for services rendered shall be paid from the Trust unless the amount of such expense shall be separately paid by the Employer. (Ord. 6/13/02)

8.4 RELIANCE ON REPORTS AND CERTIFICATES.

The Pension Committee shall be entitled to rely conclusively upon all tables, valuations, certificates, opinions and reports furnished by any Trustee, Investment manager or advisor, accountant, actuary, controller, counsel or other person who is employed or engaged for such purposes. (Ord. 6/13/02)

8.5 ANNUAL REPORT.

The Pension Committee shall keep a record of all its proceedings. The Pension Committee shall prepare and submit to each Financial Town Meeting an annual report showing the fiscal transactions of the Plan for the preceding year, a balance sheet showing the financial condition of the Plan and such other information as it deems necessary or desirable. The Pension Committee shall obtain from the Trustee not less often than annually a report with respect to the cost and market value of the assets held in the Trust Fund, in such form as is required by the Pension Committee. (Ord. 6/13/02)

8.6 CLAIMS PROCEDURE.

The Pension Committee shall act as claims fiduciary. All claims for benefits under the Plan must be made in writing and shall be directed to the attention of the claims fiduciary. Upon receipt of the claim, the claims fiduciary shall promptly notify the claimant of the time periods within which any notice of denial of claim, request for review of claim, or decision on review of denial of claim must be given in accordance with subsections (a) through (c) below.

(a) If the claims fiduciary determines that any individual who has claimed a right to receive benefits under the Plan is not entitled to receive all or any part of the benefits claimed, it shall inform the claimant by certified mail of its determination and of the reasons therefor in layman's terms, with specific reference to pertinent Plan provisions and any additional material necessary for the claimant to perfect his claim. The notice of denial shall also include a description of the review procedures set forth below. Such notice shall be made within a reasonable period of time but not later than ninety (90) days after receipt of the claim, unless special circumstances require an extension of time for processing. If such an extension of time is required, the claims fiduciary shall furnish written notice of the extension to the claimant prior to the termination of the initial ninety (90) day period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the claims fiduciary expects to render a final decision.

(b) Within sixty (60) days of receipt by the claimant of the written notice of denial of the claim, the claimant may file a written request with the claims fiduciary to conduct a full and fair review of the denial of the claimant's claim for benefit. In connection with the claimant's appeal, the claimant may review pertinent documents and may submit issues and comments in writing.

(c) The claims fiduciary shall promptly advise the claimant of its decision on the claimant's request for review. Such decision shall be written in a manner calculated to be understood by the claimant, shall include specific reasons for the decision, and shall contain specific references to pertinent Plan provisions upon which the decision is based. The decision on review shall be made no later than sixty (60) days following the receipt of a request for review.

(Ord. 6/13/02)

8.7 TRUST AGREEMENT AND DESIGNATION OF TRUSTEE.

The Pension Committee shall approve and enter into a Trust Agreement on behalf of the Employer with the Trustee as designated therein. The Pension Committee may designate any number of persons, parties, corporate fiduciaries, or any combination thereof, to act as Trustees as the Pension Committee deems appropriate. (Ord. 6/13/02)

8.8 ACTUARY.

The Pension Committee shall appoint an individual, firm, or corporation as actuary, who can act in the capacity of "enrolled actuary" under Section 3042 of ERISA, to perform the duties of the actuary herein specified and such other duties in connection with the administration of the Plan as may be conferred upon him or it by the Employer and the Trustee and are not contrary to the provisions of the Plan. (Ord. 6/13/02)

ARTICLE NINE - BENEFIT LIMITATIONS

9.1 LIMITATION ON BENEFITS.

(a) Rules. The following rules limit benefits payable under this Plan:

(1) The annual benefit otherwise payable to a Participant at any time will not exceed the maximum permissible amount.

(2) If the Participant makes nondeductible Employee contributions under the terms of this Plan for any limitation year beginning after December 31, 1986, such contributions which are credited for the limitation year, shall be treated as an annual addition to a qualified defined contribution plan, for purposes of these rules.

(3) The limitation in Subsection (1) is deemed satisfied if the annual benefit payable to a Participant is not more than $1,000 multiplied by the Participant's number of Years of Service or portions thereof (not to exceed ten (10)) with the Employer, provided the Participant has never participated in a qualified defined contribution plan maintained by the Employer.

(4) If a Participant is, or has ever been, covered under more than one defined benefit plan maintained by the Employer, the sum of the Participant's annual benefits from all such plans may not exceed the maximum permissible amount. Benefits will be reduced under any other defined benefit plan before under this Plan unless such plans are terminated, in which event benefits will be limited in this Plan.

(5) If the Employer maintains, or at any time maintained, one or more qualified defined contribution plans covering any Participant in this Plan, the sum of the Participant's defined contribution fraction and defined benefit fraction will not exceed 1.0 in any limitation year. Benefits under a defined benefit plan shall have priority over benefits under a defined contribution plan. The provisions of this Section 9.1(a)(5) shall not apply to limitation years commencing on or after January 1, 2000.

(6) Notwithstanding anything contained in this Article Nine to the contrary, a Participant's defined benefit fraction (including preservation of his accrued benefit) and/or defined contribution fraction may be adjusted in accordance with transitional rules contained in Section 235 of the Tax Equity and Fiscal Responsibility Act of 1982 and Section 1106 of the Tax Reform Act of 1986.

(7) In any Plan Year in which the Plan becomes a Super Top-Heavy Plan, the denominators of the defined benefit fraction and defined contribution fraction shall be computed using one hundred percent (100%) of the dollar limitation instead of one hundred and twenty-five percent (125%). In any year which the Plan is a Top-Heavy Plan (but not a Super Top-Heavy Plan), the limitations shall be similarly reduced, subject to the special provisions in Section 11.3 which provide for maintenance of the one hundred and twenty-five percent (125%) limitations subject to added minimum accruals.

(b) Definitions. The following definitions are applicable to this Section 9.1:

(1) Annual benefit. A retirement benefit under the Plan which is payable annually in the form of a straight life annuity. Except as provided below, a benefit payable in a form other than a straight life annuity must be adjusted to an actuarial equivalent straight life annuity before applying the limitations of this Section 9.1. For limitation years beginning before January 1, 1995, such actuarially equivalent straight life annuity is equal to the greater of the annuity benefit computed using the interest rate specified in the Plan for adjusting benefits in the same form or five percent (5%). For limitation years beginning after December 31, 1994, the actuarially equivalent straight life annuity is equal to the greater of the annuity benefit computed using the interest rate and mortality table (or other tabular factor) specified in the Plan for adjusting benefits in the same form, and the annuity benefit computed using a five percent (5%) interest rate assumption and the "applicable mortality table", as defined below. In determining the actuarially equivalent straight life annuity for a benefit form other than a nondecreasing annuity payable for a period of not less than the life of the Participant (or, in the case of a qualified pre-retirement survivor annuity, the life of the surviving spouse), or decreases during the life of the Participant merely because of (A) the death of the survivor annuitant (but only if the reduction is not below fifty percent (50%) of the annual benefit payable before the death of the survivor annuitant), or (B) the cessation or reduction of Social Security supplements of qualified disability payments (as defined in Section 401(a)(11) of the Code), "the applicable interest rate", as defined below, will be substituted for "a five percent (5%) interest rate assumption" in the preceding sentence.

For purposes of this Section 9.1(b)(1), the term "applicable interest rate" means the annual rate of interest on 30-year Treasury securities for the calendar month that is three (3) months preceding the first day of the Plan Year in which the distribution occurs. The "applicable interest rate" shall remain constant for year.

For purposes of this Section 9.1(b)(1), the term "applicable mortality table" means the table prescribed by the Secretary of the Treasury. Such table shall be based on the prevailing commissioner's standard table, as described in Section 807(d)(5)(A) of the Code, used to determine reserves for group annuity contracts issued on the dates as of which the present value is being determined (without regard to any other subparagraphs of Section 807(d)(5) of the Code). The applicable mortality table is based upon a fixed blend of fifty percent (50%) of the male mortality rates and fifty percent (50%) of the female mortality rates from the 1983 Group Annuity Mortality Table, which mortality table is set forth in Internal Revenue Service Revenue Ruling 95-6. Notwithstanding the foregoing, effective December 31, 2002, for purposes of this Section 9.1(b)(1), the term "applicable mortality table" means the mortality table based upon a fixed blend of fifty (50%) percent of the unloaded male mortality rates and fifty (50%) percent of the unloaded female mortality rates underlying the 1994 Group Annuity Reserving Table, projected to 2002, which mortality table is set forth in Internal Revenue Ruling 2001-62.

The annual benefit does not include any benefits attributable to Employee contributions or rollover contributions, or the assets transferred from a qualified plan that was not maintained by the Employer. No actuarial adjustment to the benefit is required for (A) the value of a qualified joint and survivor annuity, (B) benefits that are not directly related to retirement benefits (such as qualified disability benefits, pre-retirement death benefits, and post-retirement medical benefits), and (C) the value of post-retirement cost-of-living increases made in accordance with Section 415(d) of the Code and Section 1.415-3(c)(2)(iii) of the Income Tax Regulations.

(2) Compensation. For purposes of determining maximum permitted benefits under this Section, all of a Participant's earned income, wages, salaries, and fees for professional services, and other amounts received for personal services actually rendered in the course of employment with the Employer maintaining the Plan (including, but not limited to, commissions paid to salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips and bonuses), and excluding the following:

(A) Employer contributions to a plan of deferred compensation which are not included in the Employee's gross income for the taxable year in which contributed or Employer contributions under a simplified employee pension plan (funded with individual retirement accounts or annuities) to the extent such contributions are deductible by the Employee, or any distributions from a plan of deferred compensation;

(B) Amounts realized from the exercise of a nonqualified stock option, or when restricted stock (or property) held by the Employee either becomes freely transferable or is no longer subject to a substantial risk of forfeiture;

(D) Other amounts which received special tax benefits, or contributions made by the Employer (whether or not under a salary reduction agreement) towards the purchase of an annuity described in Section 403(b) of the Code (whether or not the amounts are actually excludable from the gross income of the Employee).

Compensation shall be measured on the basis of compensation paid in the limitation year.

For purposes of applying the limitations of this Section 9.1, compensation paid or made available during such limitation year shall include any elective deferral (as defined in Code Section 402(g)(3)), and any amount which is contributed or deferred by the Employer at the election of the Employee and which is not includible in the gross income of the Employee by reason of Code Section 125 or 457. The provisions of this paragraph are effective for Plan Years beginning after December 31, 1997.

(3) Defined benefit fraction. A fraction, the numerator of which is the sum of the Participant's projected annual benefits under all the defined benefit plans (whether or not terminated) maintained by the Employer, and the denominator of which is the lesser of one hundred and twenty-five percent (125%) of the dollar limitation determined for the limitation year under Sections 415(b)(1)(A) and 415(d)(1) of the Code or one hundred and forty percent (140%) of the Participant's Highest Average Compensation (as defined in Section 9.1(b)(6)), including any adjustments under Section 415(b) of the Code. Notwithstanding the provisions of Section 9.1(b)(8) relating to reductions to the maximum dollar limitation for years of participation less than ten (10), for purposes of computing the denominator of the defined benefit fraction, such reductions shall be determined based upon Years of Service. Provided, however, if a Participant was a Participant as of the first day of the first limitation year commencing after December 31, 1986, in one or more defined benefit plans maintained by the Employer which were in existence on May 6, 1986, the denominator of this fraction will not be less than one hundred and twenty-five percent (125%) of the sum of the annual benefits under such Plans which the Participant had accrued as of the end of the last limitation year commencing before January 1, 1987, disregarding any changes in the terms and conditions of the plans after May 5, 1986. These provisions are applicable only if the defined benefit plans, individually and in the aggregate, satisfied the requirements of Code Section 415 for all limitation years beginning before January 1, 1987.

(4) Defined contribution fraction. A fraction, the numerator of which is the sum of the annual additions to the Participant's account under all the defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior limitation years (including the annual additions attributable to the Participant's nondeductible Employee contributions to this and all other defined benefit plans, whether or not terminated, maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior limitation years with the Employer (regardless of whether a defined contribution plan was maintained by the Employer).

The maximum aggregate amount in any limitation year is the lesser of one hundred and twenty-five percent (125%) of the dollar limitation then in effect under Code Section 415(c)(1)(A) or thirty-five percent (35%) of the Participant's compensation for such year.

(5) Employer. The Employer that adopts this Plan, and all members of a controlled group of corporations (as defined in Section 414(b) of the Code, as modified by Section 415(h)), commonly controlled trades or businesses (as defined in Section 414(c) as modified by Section 415(h)), or affiliated service groups (as defined in Section 414(m)) of which the adopting employer is a part, and any other entity required to be aggregated with the Employer pursuant to regulations under Section 414(o) of the Code.

(6) Highest Average Compensation. The average compensation for the three (3) consecutive limitation years with the Employer that produces the highest average.

(7) Limitation year. The twelve (12)-consecutive-month period used to measure compensation in this Plan for benefit purposes shall be the Plan Year.

(8) Maximum permissible amount. The defined benefit dollar limitation.

(A) Defined benefit dollar limitation. The "defined benefit dollar limitation" is $160,000. as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies. (Ord. 12/19/02)

(B) Maximum permissible benefit. The "maximum permissible benefit" is the lesser of the defined benefit dollar limitation or the defined benefit compensation limitation (both adjusted where required, as provided in (1) and, if applicable, in (2) or (3) below).

(1) If the Participant has fewer than 10 years of participation in the Plan, the defined benefit dollar limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years (or part thereof) of participation in the Plan and (ii) the denominator of which is 10. In the case of a Participant who has fewer than 10 years of service with the Employer, the defined benefit compensation limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years (or part thereof) of service with the Employer and (ii) the denominator of which is 10.

(2) If the benefit of a Participant begins prior to age 62, the defined benefit dollar limitation applicable to the Participant at such earlier age is an annual benefit payable in the form of a straight life annuity beginning at the earlier age that is the actuarial equivalent of the defined benefit dollar limitation applicable to the Participant at age 62 (adjusted under (1) above, if required). The defined benefit dollar limitation applicable at an age prior to age 62 is determined as the lesser of (i) the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.2 of the Plan and (ii) the actuarial equivalent (at such age) of the defined benefit limitation computed using a 5 percent interest rate and the applicable mortality table as defined in Section 1.2 of the Plan. Any decrease in the defined benefit dollar limitation determined in accordance with this paragraph (2) shall not reflect a mortality decrement if benefits are not forfeited upon the death of the Participant. If any benefits are forfeited upon death, the full mortality decrement is taken into account.

(3) If the benefit of a Participant begins after the Participant attains age 65, the defined benefit dollar limitation applicable to the Participant at the later age is the annual benefit payable in the form of a straight life annuity beginning at the later age that is actuarially equivalent to the defined benefit dollar limitation applicable to the Participant at age 65 (adjusted under (1) above, if required). The actuarial equivalent of the defined benefit dollar limitation applicable at an age after age 65 is determined as (i) the lesser of the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.2 of the Plan and (ii) the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using a 5 percent interest rate assumption and the applicable mortality table as defined in Section 1.2 of the Plan. For these purposes, mortality between age 65 and the age of which benefits commence shall be ignored. (Ord. 12/19/02)

(C) If the benefit of a Participant commences prior to age sixty-two (62), the defined benefit dollar limitation shall be an annual benefit that is the actuarial equivalent of the defined benefit dollar limitation for age sixty-two (62), as determined above, reduced for each month by which benefits commence before the month in which the Participant attains age sixty-two (62). The annual benefit beginning prior to age sixty-two (62) shall be determined as the lesser of the equivalent annual benefit computed using the interest rate and mortality table (or other tabular factor) equivalence for early retirement benefits, and the equivalent annual benefit computed using a five percent (5%) interest rate and applicable mortality table as defined in Section 1.2 of the Plan. Any decrease in the adjusted defined benefit dollar limitation determined in accordance with this provision (C) shall not reflect any mortality decrement to the extent the benefits will not be forfeited upon the death of the Participant.

(D) If the annual benefit of a Participant commences after the Participant's social security retirement age, the defined benefit dollar limitation as reduced in (A) above, if necessary, shall be adjusted so that it is the actuarial equivalent of an annual benefit of such dollar limitation beginning at the Participant's social security retirement age. The equivalent annual benefit beginning after social security retirement age shall be determined as the lesser of the equivalent annual benefit computed using the interest rate and mortality table (or other tabular factor) specified in the Plan for purposes of determining actuarial equivalence for delayed retirement benefits, and the equivalent annual benefit computed using a five percent (5%) interest rate assumption and the applicable mortality table as defined in Section 1.2 of the Plan.

(E) Notwithstanding anything else in this Section 9.1 to the contrary, the benefit otherwise accrued or payable to a Participant under this Plan shall be deemed not to exceed the defined benefit dollar limitation if:

(1) the retirement benefits payable for a Plan Year under any form of benefit with respect to such Participant under this Plan and under all other defined benefit plans (regardless of whether terminated) ever maintained by the Employer do not exceed $1,000 multiplied by the Participant's number of Years of Service or parts thereof (not to exceed ten (10)) with the Employer; and

(2) the Employer has not at any time maintained a defined contribution plan, a welfare benefit plan, or an individual medical account in which the Participant participated.

(9) Projected annual benefit. The annual benefit as defined in Subsection (b)(1) to which the Participant would be entitled under the terms of the Plan assuming:

(A) the Participant will continue employment until normal retirement age under the Plan (or current age, if later), and

(B) the Participant's compensation for the current limitation year and all other relevant factors used to determine benefits under the Plan will remain constant for all future limitation years.

(10) Annual additions. The sum of the following amounts credited to a Participant's account for the limitation year:

(A) Employer contributions; and

(B) Forfeitures; and

(D) Amounts allocated, after March 31, 1984, to an individual medical account, as defined in Section 415(1)(2) of the Code, which is part of a pension or annuity plan maintained by the Employer are treated as annual additions to a defined contribution plan. Also, amounts derived from contributions paid or accrued after December 31, 1985, in taxable years ending after such date, which are attributable to post-retirement medical benefits allocated to the separate account of a Key Employee, as defined in Section 419A(d)(3), under a welfare benefit fund, as defined in Section 419(e), maintained by the Employer, are treated as annual additions to a defined contribution plan.

(11) Annual additions shall be limited to the lesser of (A) $30,000, as adjusted under Code Section 415(d), or (B) twenty-five percent (25%) of the Participant's compensation (as defined in Code Section 415(c)(3)) for the limitation year.

(Ord. 6/13/02; Ord. 12/19/02, §2)

9.2 BENEFIT INCREASES RESULTING FROM THE INCREASE IN THE LIMITATIONS OF SECTION 415(b) OF THE CODE.

Benefit increases resulting from the increase in the limitations of Section 415(b) of the Code shall be provided to all employees participating in the Plan who have one hour of service on or after the first day of the first limitation year ending after December 31, 2001. (Ord. 12/19/02)

ARTICLE TEN - AMENDMENT AND TERMINATION

10.1 AMENDMENT.

The Employer shall have the right to amend, alter or modify the Plan at any time, or from time to time, in whole or in part. Any such amendment shall become effective under its terms upon adoption by the Employer. However, no amendment affecting the duties, powers or responsibilities of the Trustee may be made without the written consent of the Trustee. No amendment (including a change in the actuarial basis for determining optional or early retirement benefits) shall be made to the Plan which shall:

(a) deprive any Participant without his consent of any portion of his Accrued Benefit prior to the date of such action; or

(b) make it possible, except as provided in Sections 10.2 for any part of the corpus or income of the Trust Fund (other than such part as may be required to pay taxes and administrative expenses) to be used for or diverted to purposes other than the exclusive benefit of the Participants or their Beneficiaries; or

(c) alter the schedule for vesting in Accrued Benefits with respect to any Participant who has completed three (3) or more Years of Service without his consent or deprive any Participant of the nonforfeitable portion of his Accrued Benefit.

Notwithstanding the other provisions of this Section or any other provisions of the Plan to the contrary, any amendment or modification of the Plan may be made retroactively, if necessary or appropriate to conform to or to satisfy the conditions of any law, governmental regulation or ruling and to meet the requirements of the Code qualification.

(Ord. 6/13/02)

10.2 TERMINATION OF THE PLAN.

The Employer reserves the right to terminate the Plan in whole or in part with respect to a specific group of Employees. In the event of full or partial termination, Employees affected thereby shall have a nonforfeitable right to their Accrued Benefits, to the extent funded. The Administrator, upon termination, shall cause the assets of the Plan to be allocated for the purposes set forth, and in the order of priorities established by Section 4044 of ERISA. Any residual assets remaining thereafter shall be returned to the Employer. The Employer shall not be liable to Participants for benefits other than those which can be provided by the Plan's assets. (Ord. 6/13/02)

ARTICLE ELEVEN - MISCELLANEOUS PROVISIONS

11.1 PLAN DOES NOT AFFECT EMPLOYMENT.

Neither the creation of this Plan nor any amendment of it nor the creation of any fund or amount nor the payment of benefits hereunder shall be construed as giving any legal or equitable right to any Employee or Participant against the Employer, its officers or Employees, or against the Trustee, and all liabilities under this Plan shall be satisfied, if at all, only out of the Trust Fund held by the Trustee. Participation in the Plan shall not give any Participant any right to be retained in the employ of the Employer, and the Employer hereby expressly retains the right to hire and discharge any Employee at any time with or without cause, as if the Plan had not been adopted, and any such discharged Participant shall have only such rights or interests in the Trust Fund as may be specified herein. (Ord. 6/13/02)

11.2 MERGER OF PLANS.

In the case of any merger or consolidation of this Plan with, or transfer of the assets or liabilities of the Plan to, any other plan, the terms of such merger, consolidation or transfer shall be such that each Participant would receive (in the event of termination of this Plan or its successor immediately thereafter) a benefit which is not less than he would have received in the event of termination of this Plan immediately before such merger, consolidation or transfer. (Ord. 6/13/02)

11.3 BENEFITS NOT ASSIGNABLE.

Except as provided in Section 414(p) of the Code with respect to "qualified domestic relations orders," the rights of any Participant or his Beneficiary to any benefit or payment hereunder shall not be subject to voluntary or involuntary alienation or assignment. Section 414(p) of the Code shall be deemed to apply to the Plan notwithstanding that the Plan is a governmental plan pursuant to Section 414(d) of the Code. (Ord. 5/18/00; Ord. 6/13/02)

11.4 DISTRIBUTION TO LEGALLY INCAPACITATED.

In the event any benefit is payable to a minor or incompetent or to a person otherwise under legal disability, or who is by sole reason of advanced age, illness, or other physical or mental incapacity, incapable of handling the disposition of his property, the Administrator, in its sole discretion, may direct the Trustee to apply the whole or any part of such benefits, directly to the care, comfort, maintenance, support, education or use of such person or to pay or distribute the whole or any part of such benefit to the spouse of such person, the parent of such person, the guardian, committee or other legal representative, wherever appointed, of such person, the person with whom such person shall reside, any other person having the care and control of such person or such person personally. The receipt of any such payment or distribution so made shall be a complete discharge of liability for Plan obligations. (Ord. 6/13/02)

11.5 GOVERNING DOCUMENTS.

A Participant's rights shall be determined under the terms of the Plan as in effect at his date of separation from eligible Service. (Ord. 6/13/02)

11.6 GOVERNING LAW.

The provisions of this Plan shall be construed under the laws of the state of Rhode Island, except to the extent such laws are pre-empted by Federal law. (Ord. 6/13/02)

11.7 CONSTRUCTION.

Wherever appropriate, the use of the masculine gender shall be extended to include the feminine or neuter or vice versa; and the singular form of words shall be extended to include the plural; and the plural shall be restricted to mean the singular. (Ord. 6/13/02)

11.8 HEADINGS.

The Article headings and Section numbers are included solely for ease of reference. If there is any conflict between such headings and numbers and the text of the Plan, the text shall control. (Ord. 6/13/02)

11.9 COUNTERPARTS.

This Plan may be executed in any number of counterparts, each of which shall be deemed an original; said counterparts shall constitute but one and the same instrument, which may be sufficiently evidenced by any one counterpart. (Ord. 6/13/02)

11.10 LOCATION OF PARTICIPANT OR BENEFICIARY UNKNOWN.

In the event that all or any portion of the distribution payable to a Participant or to a Participant's Beneficiary hereunder shall, at the expiration of five (5) years after it shall become payable, remain unpaid solely by reason of the inability of the Administrator to ascertain the whereabouts of such Participant or Beneficiary, after sending a registered letter, return receipt requested, to the last known address, and after further diligent effort, the amount so distributable shall be forfeited and used to offset the Employer contributions to the Plan. In the event a Participant or Beneficiary is located subsequent to the forfeiture of his Accrued Benefit, such benefit shall be restored. (Ord. 6/13/02)

IN WITNESS WHEREOF, the Employer, by its duly authorized officer, has caused this Plan to be executed on the 13th day of June, 2002.

TOWN OF LITTLE COMPTON

/s/ By

Jane P. Cabot, Town Council President

Chairperson, Pension Committee

APPENDIX C SUBDIVISION REGULATIONS

TOWN OF LITTLE COMPTON,

RHODE ISLAND

Table of Contents

ARTICLE 1 PURPOSES AND GENERAL STATEMENTS

ARTICLE 2 APPLICABILITY OF REGULATIONS AND CLASSIFICATION OF SUBDIVISIONS

ARTICLE 3 APPLICATION PROCEDURES AND REQUIREMENTS, ADMINISTRATIVE SUBDIVISIONS

ARTICLE 4 APPLICATION PROCEDURES AND REQUIREMENTS, MINOR SUBDIVISIONS

ARTICLE 5 APPLICATION PROCEDURES AND REQUIREMENTS, MAJOR SUBDIVISIONS

ARTICLE 6 POWERS OF THE PLANNING BOARD

ARTICLE 7 ADMINISTRATION AND ENFORCEMENT OF REGULATIONS

ARTICLE 8 PROCEDURES OF THE PLANNING BOARD

ARTICLE 9 ADOPTION, AMENDMENT AND APPEAL OF REGULATIONS

ARTICLE 10 DEFINITIONS

APPENDIX A INSTRUCTIONS AND CHECKLIST FOR ADMINISTRATIVE SUBDIVISIONS

APPENDIX B INSTRUCTIONS AND CHECKLIST FOR MINOR SUBDIVISIONS

APPENDIX C INSTRUCTIONS AND CHECKLIST FOR MAJOR SUBDIVISIONS

APPENDIX D SUBDIVISION DESIGN STANDARDS

ARTICLE 1 PURPOSES AND GENERAL STATEMENTS

1.1 AUTHORITY.1

These Land Development and Subdivision Regulations, hereinafter referred to as "Regulations." are adopted pursuant to the authority contained in Title 45, Chapter 23, Sections 25 through 74 of the Rhode Island General Laws, known as the Rhode Island Land Development and Subdivision Review Enabling Act of 1992, and the Zoning Ordinance of the Town of Little Compton (Chapter XIV of the Little Compton Code of Ordinances).

1.1.1 Purposes.

The purpose of these Regulations is to establish procedural and substantive provisions for the development and subdivision of land that will, consistent with the Constitutions of the United States of America and the State of Rhode Island, the Home Rule Charter, the Comprehensive Community Plan and the Zoning Ordinance of the Town of Little Compton, accomplish the following:

a. Protect the public health, safety and welfare of the Town;

b. Provide for the orderly, thorough and expeditious review and approval of land development projects and subdivisions;

c. Protect existing natural and built environments and mitigate the significant negative impacts of proposed development on those environments;

d. Promote high quality, and appropriate design and construction of land development projects and subdivisions;

e. Promote subdivision and land development designs that are well-integrated into surrounding neighborhoods, and concentrate development in areas that can best support intensive use because of natural characteristics and existing infrastructure.

f. Provide for design and improvement standards to reflect the Comprehensive Plan with regard to the physical character of the Town and its neighborhoods;

g. Promote thorough technical review of all proposed land developments and subdivisions by the Planning Board;

h. Provide consistent procedures for record-keeping on all matters of land development and subdivision review, approval and construction.

1.1.2 Construction and Intent.

a. These Regulations are not intended to supersede, abrogate, or interfere with any provision of any ordinance of the Town of Little Compton.

b. These Regulations are intended to be interpreted so as to be consistent with the Constitutions of the United States of America and the State of Rhode Island, and the Home Rule Charter of the Town of Little Compton, and further the implementation of the Comprehensive Plan and the Zoning Ordinance of the Town of Little Compton and the Rhode Island Development and Subdivision Review Enabling Act of 1992. Consistency with the Comprehensive Plan means in accordance with the goals, policies, procedures, maps and other policy statements in the plan.

ARTICLE 2 APPLICABILITY OF REGULATIONS AND CLASSIFICATION OF SUBDIVISIONS

2.1 APPLICABILITY OF REGULATIONS.

In order to determine the applicability of these Regulations, potential applicants are welcome to schedule a Pre-Application Meeting with either the Administrative Officer or the Planning Board, and there is no fee required for such meeting. These Regulations shall apply to any adjustment, alteration or change of any existing lot line, and to the creation of any new lot lines, including, but not limited to, the following:

2.1.1 Adjustment of Lot Line.

Any adjustment to existing lot lines of a recorded lot by any means shall be considered a subdivision, and subject to these Regulations, even if no new lot is created.

2.1.2 Division or Subdivision.

The division or subdivision, of a lot, tract or parcel of land into two (2) or more lots, tracts, or parcels shall be considered a subdivision and subject to these Regulations.

2.1.3 Re-subdivision.

All re-subdivision activity shall be considered a subdivision and subject to these Regulations.

2.1.4 Financing.

The division of land for purposes of financing or mortgaging shall be considered a subdivision and subject to these Regulations.

2.2 CLASSIFICATION OF SUBDIVISIONS.

All subdivisions shall be classified according to criteria set forth below. If any subdivision does not otherwise fit into a classification, it shall be considered a Major Subdivision.

2.2.1 Administrative Subdivision.

An Administrative Subdivision shall include only divisions, mergers, mergers and redivision and adjustment of existing lot lines, and if any additional lot is created, it shall be a "lot not for development." A "lot not for development" (as defined in Article 10) may include any lot which is to be donated to the Town, or which is to be conveyed as open space pursuant to Rhode Island law or as farmland to the Rhode Island Department of Environmental Management, the Little Compton Agricultural Conservancy Trust, or any recognized conservation organization, provided that such lot shall be conveyed with appropriate restrictions forbidding any development thereon. No public hearing is required for this classification.

2.2.2 Minor Subdivision.

A Minor Subdivision shall include only a residential subdivision of land consisting of five (5) or fewer units or lots, provided that such subdivision does not require waivers or modifications as specified in these Regulations. All nonresidential subdivisions shall be considered as major subdivisions. Minor Subdivisions shall be further classified as follows:

a. Two-Lot One-Time-Only Compound ("Compound") [Ed. Note: Prior to December 27, 1995, this was called "Minor subdivision"]. A Two-Lot One-Time-Only Compound Minor Subdivision shall mean the division of land into not more than two (2) lots, without the provision of a street where one would otherwise be required. The requirements for the driveway, which may be by easement, are set forth in Appendix D at Section D.2.2.f. A Compound shall not occur more than once for any property. In the event of any re-subdivision of either of the lots resulting from the Compound, then this classification shall not be available to the applicant, and the re-subdivision shall be considered a Major Subdivision and shall meet all the requirements thereof, including a major subdivision street. No public hearing is required for this classification.

b. Existing Street Minor Subdivision - Two to Five Lots. This shall include the division of land into not more than five (5) lots, for residential development only, and where street creation or extension is NOT required. This classification of Minor Subdivision would include that which was, prior to November 2, 1995 considered to be a division of land with frontage along an existing street. No public hearing is required for this classification.

c. Minor Subdivision - Two to Five Lots With A New Street. This shall include the division of land into not more than five (5) lots, for residential development only, where street creation or extension is required. A public hearing is required for this classification. Any such subdivision shall require a street, platted as a separate lot and built in accordance with the standards for minor subdivision streets set forth in Appendix D, Section D.2.2, for access to each lot. Every individual lot within the subdivision shall meet the minimum dimensional requirements of the Zoning Ordinance as set forth in Section 14-4.1 of the Zoning Ordinance.

2.2.3 Major Subdivision.

A Major Subdivision shall include any subdivision not classified as either an Administrative Subdivision or a Minor Subdivision, including, but not limited to, a subdivision in which more than five (5) lots are resultant, a subdivision requiring a waiver or modification of these regulations, a nonresidential subdivision, or a subdivision with phasing. A public hearing is required for all major subdivisions. Any such subdivision shall require a street, platted as a separate lot and built in accordance with the standards for major subdivision streets set forth in Appendix D, Section D.2.3, for access to each lot. Every individual lot within the subdivision shall meet the minimum dimensional requirements of the Zoning Ordinance as set forth in subsection 14-4.1 of the Zoning Ordinance.

ARTICLE 3 APPLICATION PROCEDURES AND REQUIREMENTS, ADMINISTRATIVE SUBDIVISIONS

3.1 SUBMISSION REQUIREMENTS.

3.1.1 Required Items Checklist and Plans.

Any applicant requesting approval of a proposed Administrative Subdivision, as defined in these Regulations, shall submit to the Administrative Officer the items and plans set forth in Appendix A, Instructions and Checklist for Administrative Subdivisions.

3.1.2 Required Design and Construction Standards.

Any proposed Administrative Subdivision shall meet the design and construction requirements as set forth in Appendix D, Subdivision Design Standards.

3.2 CERTIFICATION.

The application shall be certified as complete or incomplete by the Administrative Officer within a fifteen (15) day period from the date of its submission according to the provisions of Section 7.2 of these Regulations. In the event such certification of the application is not made within the time specified, the application shall be deemed complete for purposes of commencing the review period.

3.3 REVIEW PROCESS.

3.3.1 Administrative Officer.

Within fifteen (15) days of certification of completeness, the Administrative Officer shall review the application and approve, deny or refer it to the Planning Board with recommendations. The Administrative Officer shall report his or her actions to the Planning Board at its next regular meeting, to be made part of the record.

a. No Action. If no action is taken by the Administrative Officer within the fifteen (15) days, the application shall be deemed to be referred to the Planning Board and placed on the agenda of the next regular Planning Board meeting.

b. Denial. Denial of an application by the Administrative Officer shall not be appealable and shall require the plan to be submitted as a Minor Subdivision application.

3.3.2 Review By Planning Board.

If referred to the Planning Board, either by the Administrative Officer or by default, the Board shall consider the application and the recommendations of the Administrative Officer, if any, and shall either approve, approve with conditions, or deny the application within sixty-five (65) days of certification of completeness. Denial of an Administrative Subdivision by the Planning Board shall be an appealable action.

3.4 EXPIRATION OF APPROVAL.

Approval of an Administrative Subdivision shall expire ninety (90) days from the date of approval unless within such period a plat in conformity with such approval is submitted for signature and recording as specified in Section 8.8 of these Regulations.

3.5 FAILURE TO ACT.

Failure of either the Administrative Officer or the Planning Board to act within the period prescribed shall constitute approval of the Administrative Subdivision plan and a certificate of the Administrative Officer as to the failure of the Planning Board or Administrative Officer to act within the required time and the resulting approval shall be issued on request of the applicant.

ARTICLE 4 APPLICATION PROCEDURES AND REQUIREMENTS, MINOR SUBDIVISIONS

4.1 SUBMISSION REQUIREMENTS.

4.1.1 Required Items Checklist and Plans.

Any applicant requesting approval of a proposed Minor Subdivision, as defined in these Regulations, shall submit to the Administrative Officer the items and plans set forth in Appendix B, Instructions and Checklist For Minor Subdivisions.

4.1.2 Required Design and Construction Standards.

Any proposed Minor Subdivision shall meet the design and construction requirements as set forth in Appendix D, Subdivision Design Standards.

4.2 CERTIFICATION.

The application shall be certified as complete or incomplete by the Administrative Officer within a twenty-five (25) day period from the date of its submission according to the provisions of Section 7.2 of these Regulations. In the event such certification of the application is not made within the time specified, the application shall be deemed complete for purposes of commencing the review period.

4.3 REVIEW PROCESS.

4.3.1 Stages.

Review shall consist of two (2) stages, preliminary and final, provided, that if a street creation or extension is involved, a public hearing is required. The Planning Board may combine the approval stages, providing requirements for both stages have been met by the applicant to the satisfaction of the Planning Board.

a. Preliminary Plan. If no street creation or extension is required, including a Family Compound Minor Subdivision, the Planning Board shall approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within such further time as is agreed to by the applicant and the Board.

b. Public Hearing. If a street extension or creation is required, the Planning Board shall hold a public hearing prior to approval, according to the requirements in Section 8.5 of these Regulations, and shall approve, deny, or approve with conditions, the preliminary plan within ninety-five (95) days of certification of completeness, or within such further time as is agreed to by the applicant and the Board.

c. Vesting. The approved preliminary plan shall be vested for a period of one (1) year and vesting may be extended for a longer period, for good cause shown, if requested in writing by the applicant, and approved by the Planning Board. The vesting for the preliminary plan approval shall include all general and specific conditions as shown on the approved preliminary plan drawings and supporting material.

d. Final Plan. The Final Plan shall meet all of the requirements as set forth in Appendix B, Instructions and Checklist for Minor Subdivisions. The Planning Board may delegate final plan review and approval to the Administrative Officer, who shall then report his or her actions to the Planning Board at its next regular meeting, to be made part of the record.

4.3.2 Reassignment to Major Subdivision Review.

If the Planning Board is unable to make the positive findings required by Section 8.6 of these Regulations or if the Planning Board determines that a waiver or modification of these Regulations is necessary, it may, in lieu of denial, reassign a proposed Minor Subdivision to Major Subdivision Review.

4.3.3 Failure To Act.

Failure of the Planning Board to act within the period prescribed shall constitute approval of the preliminary plan and a certificate of the Administrative Officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant.

4.4 EXPIRATION OF APPROVAL.

Approval of a Minor Subdivision Plan shall expire ninety (90) days from the date of final approval unless within such period a plat or plan, in conformity with such approval, is submitted for signature and recording as specified in Section 8.8 of these Regulations. Validity may be extended for a longer period, for cause shown, if requested by the applicant in writing, and approved by the Planning Board.

ARTICLE 5 APPLICATION PROCEDURES AND REQUIREMENTS, MAJOR SUBDIVISIONS

5.1 REVIEW STAGES.

Major subdivision plan review shall be required of all applications for subdivision approval subject to these Regulations, unless classified as an administrative subdivision or as a minor subdivision. Major subdivision plan review shall consist of four (4) stages of review: (1) preapplication, (2) master plan, (3) preliminary plan and (4) final plan. The Planning Board may vote to combine review stages and to modify and/or waive requirements. Review stages may be combined only after the Planning Board determines that all necessary requirements have been met by the applicant. The Planning Board is required to hold at least one public informational meeting at the master plan stage and one public hearing at the preliminary plan stage.

5.2 PREAPPLICATION.

Any applicant requesting approval of a proposed major subdivision, as defined in these Regulations, shall first contact the Administrative Officer and follow the procedure and criteria provided below:

5.2.1 Purpose.

One or more pre-application meetings shall be held before the Planning Board for all major subdivision applications. Pre-application meetings shall allow the applicant to meet with the Planning Board for advice as to the required steps in the subdivision approval process. Where appropriate, town officials, boards and/or commission, may be notified of the pre-application meetings and invited to provide comments on the proposed subdivision plan.

5.2.2 Meeting(s).

An applicant wishing to obtain subdivision approval shall first contact the Administrative Officer to arrange a meeting with the Planning Board at a regularly scheduled Board meeting. The applicant shall submit all the information required by Appendix C - Checklist for Major Subdivisions. The Administrative Officer will review and comment on the checklist information and, if determined to be complete, will schedule the application to appear before the Planning Board. At the pre-application meeting, the applicant may request the Planning Board for an informal concept plan review for a development. The purpose of the concept plan review is to provide the applicant with Planning Board input in the formative stages of subdivision concept design. Pre-application meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Pre-application meeting should include a review of the physical character of the land, and any environmental or physical constraints to development. Meetings should include a discussion initiated by the Planning Board regarding what form of land development may be appropriate to meet the goals and policies of the Comprehensive Plan with regard to preserving the character of the land, the natural environment and the ability of the Town to provide essential services. Pre-application discussions are intended for the guidance of the applicant and shall not be considered approval of a project or of any of its elements. No formal action need be taken by the Planning Board at the preapplication meeting. At the conclusion of the preapplication meeting(s) the applicant may proceed to prepare and file a master plan as required in Section 5.3.

5.3 MASTER PLAN.

Any applicant requesting approval of a proposed major subdivision, as defined in these Regulations, shall first submit to the Administrative Officer the plans and supporting materials provided in Appendix C - Checklist for Major Subdivisions.

5.3.1 Purpose.

The purpose of the master plan is to provide the applicant with the opportunity to present an overall plan for a proposed project site outlining general, rather than detailed, development intentions. The master plan describes the basic parameters of a major development proposal, rather than giving full engineering details.

5.3.2 Required Elements.

Requirements for the master plan and supporting material for this phase of review shall include, but not be limited to: information on the natural and built features of the surrounding neighborhood, existing natural and man-made conditions of the development site, including topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well as the proposed design concept, proposed public improvements and dedications, tentative construction phasing, and potential neighborhood impacts. (See Appendix C).

5.3.3 Comments.

Initial comments shall be solicited from (a) Town boards, commissions and departments including, but not limited to, the Conservation Commission, the Fire and Police departments, and others deemed necessary by the Planning Board; (b) adjacent communities; (c) state agencies, as appropriate, including the Departments of Environmental Management and Transportation, and the Coastal Resources Management Council; and (d) federal agencies, as appropriate. The Administrative Officer shall coordinate review and comments by local officials, adjacent communities, and state and federal agencies.

5.3.4 Certification of Master Plan Application.

The application shall be certified complete or incomplete by the Administrative Officer within ninety (90) days of its receipt.

5.3.5 Planning Board Review.

The Planning Board shall review the master plan in accordance with the following procedure:

a. Informational Meeting. A public informational meeting shall be held prior to the Planning Board decision on the master plan if the preliminary plan approval as provided in Section 5.4 will be acted upon separately. The public informational meeting shall be optional if the master plan and preliminary plan approvals are being combined. In the latter case, review stages may be combined only after the Planning Board determines that all necessary requirements for all stages so combined have been met by the applicant.

Public notice for the informational meeting is required and shall be given at least seven (7) days prior to the date of the meeting in a newspaper of general circulation within the Town. Postcard notice shall be mailed by the applicant to all property owners within two hundred (200) feet of the subject site.

At the public informational meeting the applicant, or his or her representative(s), shall present the proposed development project for the benefit of the Planning Board and the public. The Planning Board shall allow oral and written comments from the general public. All public comments shall be made part of the public record of the project application.

b. Decision. The Planning Board shall, within one hundred and twenty (120) days of certification of completeness of the master plan application, or within such further time as may be consented to by the applicant, approve the master plan as submitted, approve with changes and/or conditions, or deny the application. The Planning Board shall notify the Town Council of its decision.

c. Failure to Act. Failure of the Planning Board to act within the period prescribed shall constitute approval of the master plan and a certificate of the Administrative Officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant.

d. Expiration of Master Plan Approval. Approval of a major subdivision master plan shall expire one (1) year from the date of final approval. Vesting may be extended for a period of one (1) additional year for good cause shown, if requested by the applicant in writing and approved by the Planning Board. The applicant, or his or her representative(s) shall appear before the Planning Board for the annual review. Vesting may be extended for a period beyond one (1) year, for good cause shown, if requested by the applicant in writing and approved by the Planning Board. Master plan vesting shall include any applicable provisions of the Zoning Ordinance that were in place at the time of approval, conceptual layout and all conditions shown on the approved master plan drawings and supporting materials. The initial two (2) year vesting for the approved master plan shall constitute the vested rights for the development as required in the Zoning Ordinance.

5.4 PRELIMINARY PLAN.

5.4.1 Certification of Preliminary Plan Application.

The application shall be certified complete or incomplete by the Administrative Officer within sixty (60) days of its receipt.

5.4.2 Public Hearing and Notice Requirements.

Prior to a Planning Board decision on the preliminary plan, a public hearing shall be required, in accordance with Article 8, Section 8.5, for a major subdivision, or where a street extension or creation requires a public hearing for a minor subdivision.

5.4.3 Public Improvement Guarantees.

Proposed arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees shall be reviewed and approved by the Planning Board at the time of preliminary plan approval.

5.4.4 Decision.

The Planning Board shall, within one hundred and twenty (120) days of certification of completeness of the preliminary plan application, or within such further time as may be consented to by the applicant, approve of the preliminary plan as submitted, approve with changes and/or conditions, or deny the application. The Planning Board shall notify the Town Council of its decision.

5.4.5 Failure to Act.

5.4.6 Expiration of Preliminary Approval.

The approved preliminary plan shall be vested for a period of one (1) year and vesting may be extended for a longer period for good cause shown, if requested in writing by the applicant and approved by the Planning Board. The vesting for the preliminary plan approval shall include all general and specific conditions as shown on the approved preliminary plan drawings and supporting material.

5.5 FINAL PLAN.

Any applicant requesting final approval of a proposed major subdivision, as defined in these Regulations, shall first submit to the Administrative Officer the plans and supporting materials required Appendix C - Checklist for Major Subdivisions, in addition to any material required by the Planning Board when the application was given preliminary approval.

5.5.1 Certification of Final Plan.

The application for final plan approval shall be certified complete or incomplete by the Administrative Officer within forty-five (45) days of its receipt.

5.5.2 Planning Board Review.

The Planning Board shall determine whether or not an application for final approval meets the conditions and requirements set forth by the Planning Board in its approval of the preliminary plan of the subject site and by other provisions of these Regulations. The Planning Board shall, within forty-five (45) days after the issuance of the Certificate of Completeness of the application for final plan approval by the Administrative Officer, or within such further time as may be consented to by the applicant, approve or deny the final plan as submitted.

5.5.3 Failure to Act.

Failure of the Planning Board to act within the period prescribed shall constitute approval of the final plan and a certificate of the Administrative Officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant.

5.5.4 Expiration of Final Approval.

The final plan of a major subdivision shall expire one (l) year from the date of approval by the Planning Board unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in Article 8. The Planning Board may, for good cause shown, extend the period for recording for an additional period, if requested by the applicant in writing.

ARTICLE 6 POWERS OF THE PLANNING BOARD

6.1 DEDICATION OF LAND FOR PUBLIC PURPOSES.

6.1.1 Open Space and Public Recreation.

Where land within a proposed subdivision is deemed to be of unique natural character, is in a ground water recharge area or is included in the Little Compton Comprehensive Community Plan as a part of the Town open space system, or where the proposed subdivision is of sufficient size so as to warrant consideration of the provision of open space to serve residents of the subdivisions, the Board may require the reservation of up to ten (10) percent of the land area of the subdivision for such purposes. The Board may negotiate with the subdivider for the reservation of additional area for these purposes. Land so reserved shall not be considered for future subdivision or general public use. The intended use of the land so reserved shall be so stamped on the final plat plan.

6.1.2 Requirements.

Prior to the Board requiring the dedication of any land, the following requirements shall be met and set forth as findings by the Board in its approval.

a. Character. All required public improvements must reflect the character defined for that neighborhood or district by the Comprehensive Plan;

b. The need for all dedications of land to the public must be clearly documented in the adopted plans of the Town, such as the Comprehensive Plan or the Capital Budget;

c. Documentation. No dedications of land to the public may be required until the need for such are identified and documented by the Town, and the land proposed for dedication is determined to be appropriate for the proposed use; and

d. Mitigation of Negative Impacts. All dedications of land or improvements for mitigation of identified negative impacts of proposed projects must meet the above standards. Furthermore, the significant negative impacts of the proposed development on the existing conditions must be clearly documented. The mitigation required as a condition of approval must be related to the significance of the identified impact.

6.2 INSPECTIONS AND REPORTS.

Prior to the commencement of each stage of excavation or construction of the required improvements (as set forth in appendix D, Subdivision Design Standards), the subdivider shall notify the Administrative Officer who shall conduct a detailed inspection of the completed work. Upon determining that the improvements have been completed in a satisfactory manner, the Administrative Officer shall prepare a final written report, sealed with his stamp, and shall transmit said report to the Board who shall initiate appropriate action to release the surety.

6.3 PERFORMANCE GUARANTEES.

The subdivider may elect to complete all required infra-structure improvements prior to Final Plan Approval, provided that the inspections required by Section 6.2 are conducted and the proper reports signed and filed. If the subdivider elects not to complete such improvements prior to Final Plan Approval, then, as a condition of such Final Plan Approval, the Board shall require performance guarantees as set forth below:

6.3.1 Performance Bond With Surety.

As a condition precedent to the endorsement of approval of the final plan, the subdivider shall file a certified check, bank book, or corporate surety in an amount determined by the Plan Board to be sufficient to cover the cost of all required improvements. In the cases of subdivisions which are being approved and constructed in phases, the Board shall specify improvement guarantee requirements related to each particular phase. Any performance bond will be approved as to form and surety by the Board. The release of said check, bank book, corporate surety, or land performance bond shall be conditioned on the faithful completion of all required improvements within the two (2) year period and the payment of all invoices issued by the Board to cover the cost of the subdivision inspections.

6.3.2 Extension of Time.

If, due to circumstances beyond the control of the subdivider, the required improvements are not completed within the prescribed two (2) calendar year period, the Board may grant a time extension no more than six (6) months. During such time extension, the guarantees shall remain in full force. The Board may require the extension, the guarantees shall remain in full force. The Board may require the extension of coverage of the surety for a period of up to one (1) year after completion of improvements to assure the proper performance of the improvements under all conditions of weather and use.

6.3.3 Default.

The Planning Board shall hold the subdivider and surety in default of guarantee should one or more of the following occur:

a. Failure to meet all specifications for construction of required improvements to the land;

b. Failure to properly notify the Administrative Officer of the beginning and completion of all phases of construction of required improvements to the land;

c. Failure to protect existing improvements and/or properly repair such improvements should damage occur during construction of the subdivision;

d. Failure to clean debris from the site and adjacent areas upon completion of construction within the subdivision; or

e. Failure to complete required improvements to the land within the time prescribed or within any extension granted by the Board.

Upon notification of default by the Administrative Officer, the Board shall take appropriate action against that portion of the surety of the performance bond necessary to correct the deficiencies for which the subdivider is deemed to be in default and shall cause the required improvements to be completed in a satisfactory manner.

6.4 MAINTENANCE GUARANTEES.

The Board may also require maintenance guarantees to be provided for a one (1) year period subsequent to completion, inspection and acceptance of the improvement(s), unless there are extenuating circumstances that require a longer period, such as a seasonal delay in planting or paving. The procedures for setting, maintaining and releasing such guarantees shall be the same as for Performance Guarantees.

6.5 ENVIRONMENTAL IMPACT STATEMENTS.

In accordance with R.I.G.L. 45-23-60(3), the Planning Board may require that an environmental impact statement be prepared by the applicant of any subdivision. However such Statement may not be required to be completed prior to the Preliminary Plan review stage.

6.6 ACCEPTANCE OF PUBLIC IMPROVEMENTS.

Approval of a plat by the Plan Board shall be deemed the acceptance by the public of any street or other open space offered therein for dedication. Notwithstanding the acceptance of any land, street, facility offered for dedication, such acceptance shall not impose any duty or responsibility upon the Town of Little Compton to maintain or improve any dedicated streets, areas, or facilities until the Town Council shall have specifically authorized maintenance or improvement under procedures established by State Law, Town Ordinance, or other local provisions governing public expenditures for such purposes. The above shall be stated on all approved final plat plans.

6.7 WAIVERS AND MODIFICATIONS.

Pursuant to the procedures set forth in Article 8 of these Regulations, the Board shall have the power to grant such waivers and/or modifications from the requirements for subdivision approval as may be reasonable and within the general purposes and intents of the provisions for these Regulations. The only grounds for such waivers and/or modifications shall be where the literal enforcement of one or more provisions of the Regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question or where such waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the Comprehensive Plan and Zoning Ordinance.

ARTICLE 7 ADMINISTRATION AND ENFORCEMENT OF REGULATIONS

7.1 ADMINISTRATIVE OFFICER.

Local administration of these Regulations shall be under the direction of the Administrative Officer, who shall report to the Board.

7.1.1 Appointment and Qualifications.

The Administrative Officer shall be elected annually by the Planning Board from its membership at the organized meeting of the Board each February. The Administrative Officer may, but need not, hold other office of the Board, including Chair or Secretary of the Board. The Administrative Officer shall have at least one of the following qualifications: (a) be a licensed engineer, (b) have a bachelor's or master's degree in planning, (c) be a licensed attorney, or (d) have been a member of the Board for at least two years. The Administrative Officer shall be required to attend any training for administrative officers provided by or sponsored by the Rhode Island Department of Administration, Division of Planning.

7.1.2 Acting Administrative Officer.

If the Administrative Officer is temporarily unable to perform his or her duties, the Chair of the Board may appoint an Acting Administrative Officer for up to thirty (30) days at a time, provided that such appointment shall be in writing and a copy thereof delivered to the Town Clerk and posted in Town Hall. In the event that the Administrative Officer is permanently unable to perform his or her functions, then the Board shall select a new Administrative Officer to serve for the remainder of the term.

7.1.3 Coordination of Reviews.

The Administrative Officer shall be responsible for coordinating reviews of proposed land development projects and subdivisions with adjacent municipalities as is necessary to be consistent with applicable federal, state and local laws and as directed by the Board.

7.1.4 Enforcement.

Enforcement of these Regulations shall be under the direction of the Administrative Officer. The officer shall be responsible for coordinating the enforcement efforts of the Zoning Enforcement Officer, the Building Official, and other local officials responsible for the enforcement or carrying out of discrete elements of the regulations.

7.1.5 Technical Assistance.

With the approval of the Board, and within the funds allotted to the Board, the Administrative Officer may hire such professional technical assistance as is necessary to carry out the duties of his or her office. Such technical assistance may include, but is not limited to, the hiring of an engineer, land surveyor, biologist or hydrologist.

7.2 CERTIFICATION AND TIME PERIODS.

7.2.1 Classification.

The Administrative Officer shall advise the applicant as to which approvals are required and the appropriate board for hearing an application for a land development or subdivision project.

7.2.2 Certification of Complete Application.

An application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer. In the event such certification of the application is not made within the time specified in this chapter for the type of plan, the application shall be deemed complete for purposes of commencing the review period unless the application lacks information required for such applications as specified in the local regulations and the Administrative Officer has notified the applicant, in writing, of the deficiencies in the application.

7.2.3 Correction of Information.

Notwithstanding subsection 7.2.2 above, the Board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the Administrative Officer prior to certification, as it necessary to make an informed decision.

7.2.4 Postponement.

Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review shall be stayed and shall resume when the Board determines that the required application information is complete.

7.3 PRE-APPLICATION MEETINGS AND CONCEPT REVIEW.

One or more pre-application meetings shall be held for all major subdivision applications. Pre-application meetings may be held for administrative and minor applications, upon request of either the Town or the applicant.

7.3.1 Purpose.

Pre-application meetings shall allow the applicant to meet with appropriate officials, boards and/or commissions, staff, and, where appropriate, state agencies, for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.

7.3.2 Informal Concept Plan Review.

At the pre-application stage the applicant may request the Board or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide Board Committee input in the formative stages of major subdivision concept design.

7.3.3 Advance Materials Submission.

Applicants seeking a pre-application meeting or an informal concept review shall submit materials in advance of the meeting (s) as requested by municipal officials.

7.3.4 Non-Binding.

Pre-application meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Pre-application discussions are intended for the guidance of the applicant and shall not be considered approval of a project or its elements.

7.4 TECHNICAL REVIEW COMMITTEE.

There shall not be a Technical Review Committee. All reviews under these Regulations shall be conducted either by the Administrative Office or the Board, as set forth herein.

7.5 ADMINISTRATIVE FEES.

The following fees shall be paid by applicant for the following reviews:

7.5.1 Application Fees.

The applicant shall be required to pay a fee at the time of application, for all subdivisions and development projects, to cover the cost of mailing, advertising and recording of meetings. Such fees shall be reviewed annually by the Board and revised as appropriate. The fees are as follows:

(1)	Pre-application Meeting (any
	subdivision):	$ 0
(2)	Subdivision Application:	$ 50. or $10. per lot whichever is higher.
(3)	Extension of Time Request	$ 100.
(4)	Reinstatement of Application	$ 200.

7.5.2 Inspection Fees.

The applicant will also be required to reimburse the Planning Board for the cost of review and inspection by any engineer(s) retained by the Planning Board for such purpose. Such cost shall be estimated by the engineer at each stage of review, and shall be paid in advance to the Board by the applicant in order for that stage of application to be certified complete. Such estimate shall not be exceeded without the consent of the Board, which shall first notify the applicant and extend an opportunity to object. The total fee shall be paid by the applicant before proceeding to the next stage of approval.

7.5.3 Other Fees.

As set forth herein, the Board shall have the power to require various information and studies from an applicant, provided that the proper findings of fact have been made. Such items include, but are not limited to: an environmental impact study, a market analysis, a traffic study, a soils analysis or a drainage study. Any such item, whether conducted by the applicant or by the Board, shall be paid for by the applicant, provided that the Board shall first notify the applicant and extend an opportunity to object. The total fee shall be paid by the applicant before proceeding to the next stage of approval.

7.6 VIOLATIONS AND PENALTIES.

7.6.1 Violations.

The failure to comply with these Regulations or any of the terms or conditions of an approval (whether Master Plan, Preliminary or Final) issued by the Board, shall be a violation of these Regulations. The violation of any terms or conditions of any action imposed by the Board or of any other agency charged in these Regulations with enforcement of any of the provisions shall also be a violation of these Regulations. Violation of the regulations shall also include any action related to the transfer or sale of land in unapproved subdivisions. 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, a plat of the subdivision before the plat has been approved by the Board and recorded in the municipal land evidence records, shall be in violation of the local regulations and subject to the penalties described below.

7.6.2 Penalties - Fine.

The Administrative Officer shall be empowered to levy a fine for any violation as defined herein. The Administrative Officer shall ordinarily issue a notice of violation and order the violator to correct the violation within a reasonable time, with such time to be indicated on the notice. However, in cases of willful violation or danger to public health, safety or welfare, the Administrative Officer may levy a fine immediately. The penalty for violation shall reasonably relate to the seriousness of the offense, and shall not exceed five hundred dollars ($500) for each violation, and each day of existence of any violation shall be deemed to be a separate offense. Any such fine shall inure to the municipality. Any fine may be appealed to the appropriate division of the Rhode Island District Court.

7.6.3 Penalties - Injunction.

The Town, through its solicitor, may also cause suit to be brought in the Supreme Court or Superior Court, in the name of the municipality, to restrain the violation of, or to compel compliance with, the provisions of these Regulations. The Town may consolidate an action for injunctive relief and/or fines under these Regulations or other local ordinance in the Superior Court for Newport County.

ARTICLE 8 PROCEDURES OF THE PLANNING BOARD

8.1 COMPOSITION OF BOARD.

8.1.1 Appointment and Removal.

The Board shall be made up of nine (9) members appointed by the Town Council, with the qualification and for the terms as set forth in Section 701 of the Little Compton Home Rule Charter. Any member of the Board may be removed from office by the Town Council for due cause, following a public hearing.

8.1.2 Organization.

The Board shall organize annually in February by electing from its membership a chairman, a vice chairman, a secretary, and an Administrative Officer who may also hold other office of the Board. The Board may adopt any procedural rules deemed necessary to the discharge of its duties.

8.1.3 Cooperative Agreements and Technical Assistance.

The Board may, subject to the limit of funds appropriated to it, enter into cooperative agreements with any other city or town, state, regional, or federal agencies or private organizations to undertake studies deemed to be in the best interest of the locality, including cooperative agreements with cities or towns in neighboring states where problems of common interest are deemed to exist. The Board may accept or engage technical or clerical assistance, including assistance from other public agencies or private organizations, subject to the limit of funds appropriated to it.

8.2 PUBLICATION AND AVAILABILITY OF REGULATIONS.

Printed copies of these Regulations shall be available to the general public and shall be revised to include all amendments. Any appendices shall also be available. A reasonable charge may be made for copies. Upon publication of these Regulations and any amendments thereto, the Town shall send a copy to the Rhode Island Department of Administration's Division of Planning and to the State Law Library.

8.3 RECORDS OF THE BOARD.

8.3.1 Public Availability.

All records of the Board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed subdivision projects under review by the Board, shall be available for public review.

8.3.2 Contents.

All final written comments to the Board from the Administrative Officer, municipal departments, the technical review committee, state and federal agencies, and local commissions shall be part of the permanent record of the development application.

8.4 MEETINGS AND VOTES.

8.4.1 Qualified Immunity.

Participation in a Board meeting or other proceedings by any party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

8.4.2 Votes.

All votes of the Board shall be made part of the permanent record and shall show the members present and their votes. A decision by the Board to approve any land development or subdivision application shall require a vote for approval by a majority of the current Board membership, regardless of the size of the quorum. The decision shall be accompanied by appropriate findings as required in Section 8.6, unless such decision has been granted by default, pursuant to failure of the Board to act within the time limits provided herein.

8.5 PUBLIC HEARINGS AND PUBLIC INFORMATION MEETINGS.

8.5.1 Public Information Meeting.

For a major subdivision, a public informational meeting shall be held prior to the Board decision on the master plan, unless the master plan and preliminary plan approvals are being combined, in which case the public informational meeting shall be optional (i.e. may be combined with the public hearing), based upon Board determination.

a. Purpose. The purpose of an informational meeting is both to inform the neighboring property owners and other interested parties as to the nature of the proposed subdivision; and to inform the Board of issues of concern to such parties, of which the Board may not be aware.

b. Notice. Public notice for the informational meeting is required and shall be given at least seven (7) days prior to the date of the meeting in a newspaper of general circulation within the Town. Postcard notice shall be mailed to the applicant and to all property owners within a radius of two hundred feet (200') of both the subject property and any adjacent property owned in whole or in part by the applicant.

c. Part of the Record. At the public informational meeting the applicant shall present the proposed development project. The Board shall allow oral and written comments from the general public. All public comments shall be made part of the public record of the project application.

8.5.2 Public Hearing.

A public hearing shall be required for a major subdivision or where a street extension or creation requires a public hearing for a minor subdivision.

a. Notice Requirements. Public notice of the hearing shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation within the Town following the Town's usual and customary practices for such advertising. Notice shall be sent to the applicant and to each owner within the notice area, by certified mail, return receipt requested, of the time and place of the hearing not less than ten (10) days prior to the date of the hearing. Such notice shall also include the street address of the subject property, or if no street address is available, the distance from the nearest existing intersection in tenths (1/10's) of a mile.

b. Notice Area. Notice shall be given to the applicant and to all property owners within a radius of two hundred feet (200') of both the subject property and any adjacent property owned in whole or in part by the applicant.

c. Watersheds. Notice of the public hearing, which may be a copy of the newspaper notice, shall also be sent, at least two (2) weeks prior to the hearing, by first class mail to:

1. The city or town Planning Board of any municipality where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within two thousand feet (2,000') of the Town's boundaries.

2. The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source located within either the municipality or two thousand feet (2,000') of the municipal boundaries, provided, however, that a map survey has been filed with the building inspector as specified in R.I.G.L. Section 45-24-53(E).

d. Adjacent Municipalities. Notice of the public hearing shall be sent by the Administrative Officer to the administrative officer of an adjacent town if (1) the notice area extends into the adjacent town, or (2) the development site extends into the adjacent town, or (3) the Administrative Officer determines that there is a potential for significant negative impact on the adjacent town.

e. Notice Cost. The cost of all such notice shall be borne by the applicant.

8.6 REQUIRED FINDINGS.

For all subdivision applications, the approving authority, whether Administrative Officer or Board, shall address each of the general purposes stated in R.I.G.L. Section 45-23-30, and shall make positive findings on the following standard provisions, as part of the proposed project's record prior to approval:

8.6.1 Consistency.

The proposed development is consistent with the Comprehensive Community Plan and/or has satisfactorily addressed the issues where there may be inconsistencies;

8.6.2 Compliance with Zoning Ordinance.

The proposed development is in compliance with the standards and provisions of the Town's Zoning Ordinance;

8.6.3 Environmental Impact.

There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;

8.6.4 Buildable Lot.

Subdivision, as proposed will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. (See definition of Buildable lot). Lots with such physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans; and

8.6.5 Street Access.

All proposed land developments and all subdivision lots shall have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered compliance with this requirement.

8.7 WAIVERS, MODIFICATIONS AND REINSTATEMENTS.

8.7.1 Waiver and/or Modification of Requirements.

The Board shall have the power to grant such waivers and/or modifications from the requirements for land development and subdivision approval as may be reasonable and within the general purposes and intents of the provisions for local regulations. The only grounds for such waivers and/or modifications shall be where the literal enforcement of one (1) or more provisions of the regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question or where such waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the Town's Comprehensive Plan and Zoning Ordinance.

8.7.2 Reinstatement.

When an applicant has exceeded a deadline set in these Regulations or in a prior approval granted to the applicant, and the development application or approval is therefore rendered invalid, the application may be reinstated by the Planning Board if it meets all the following conditions:

a. The subdivision is consistent with the Comprehensive Plan, and the Comprehensive Plan has not changed substantially since the original application as it would apply to this subdivision.

b. The Subdivision Regulations, the Zoning Ordinance, and all applicable state and federal regulations are substantially the same as they were at the time of original application, as they would apply to this subdivision.

c. The Zoning Map designation for the subdivision has not changed substantially since the time of original application.

d. There has been no substantial change to the physical conditions of the subdivision or the neighboring property since the time of original application.

The request for reinstatement shall be in writing, and the Board shall make written findings of fact in approving or denying such request. It reinstated, the applicant shall proceed from the stage previous to where expiration occurred. For example, if preliminary approval had been granted and then expired, then the applicant shall reapply for preliminary approval.

8.7.3 Decision.

The Board shall approve, approve with conditions or deny the request for either a waiver or modification according to the requirements of Section 8.4. No waiver or modification may be granted without first being heard as part of a Public Hearing as set forth in Section 8.5 herein.

8.8 SIGNING AND RECORDING OF PLATS AND PLANS.

8.8.1 Signing.

All approved final plans and plats for land development and subdivision projects shall be signed by the appropriate Board official with the date of approval. For Administrative Subdivisions, this shall be the Administrative Officer. For Minor or Major Subdivisions, this shall be the Chairperson of the Board.

8.8.2 Recording.

Upon signature, all plans and plats shall be submitted to the Administrative Officer prior to recording and filing in the appropriate municipal departments. The material to be recorded for all plans and plats shall include all pertinent plans with notes thereon concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development by the Town, permits and agreements with state and federal reviewing agencies, and other information as required by the Board.

8.8.3 Permanent Records.

Other parts of the applications record for subdivisions and land development projects, including all meeting records, approved master plan and preliminary plans, site analyses, impact analyses, all legal agreements, records of the public hearing and the entire final approval set of drawings shall be kept permanently by the municipal departments responsible for implementation and enforcement.

8.8.4 Emergency Services Notification.

The Town Clerk shall forward a copy of the Plat to the Fire Chief who shall number the lots and notify the statewide "911" emergency authority and the Police Department.

8.9 CHANGES TO RECORDED PLATS AND PLANS.

8.9.1 Amendment Required For All Changes.

For all changes to the approved plans of land development projects or subdivisions subject to this act, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats in Section 8.8.2.

8.9.2 Minor Changes.

Minor changes, as defined in Section 8.9.4 below, to a subdivision plan may be approved administratively, by the Administrative Officer, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, at the discretion of the Administrative Officer. All such changes shall be made part of the permanent record of the project application. This provision shall not prohibit the Administrative Officer from requesting a recommendation from the Board. Denial of the proposed change(s) shall be referred to the Board for review as a major change.

8.9.3 Major Changes.

Major changes, which are hereby defined as any changes other than minor changes as defined in Section 8.9.4 below, to a subdivision plan may be approved, only by the Board and must follow the same review and public hearing process required for approval of preliminary plans.

8.9.4 Definition of Minor Changes.

Minor changes are hereby defined as any change which does not substantially impact the proposed subdivision or any of the neighboring properties, and which meets all of the following criteria:

a. There is no increase in the number of lots or dwelling units.

b. There is no change to any dimension of the plan, including building envelopes, exceeding twenty percent (20%).

c. There is no change to the type of street or driveway.

8.10 PRECEDENCE OF APPROVALS WITH OTHER LOCAL PERMITTING AUTHORITIES.

8.10.1 Zoning Board.

a. Variance. Where an applicant requires both a variance from the zoning ordinance and Planning Board approval, the applicant shall first obtain an advisory recommendation from the Planning Board, as well as conditional Planning Board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional Zoning Board relief, and then return to the Planning Board for subsequent required approval(s).

b. Special Use Permit. Where an applicant requires both a special use permit under the local zoning ordinance and Planning Board approval, the applicant shall first obtain an advisory recommendation from the Planning Board, as well as conditional Planning Board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional special use permit from the Zoning Board, and then return to the Planning Board for subsequent required approval(s).

8.10.2 Town Council.

Where an applicant requires both Planning Board approval and Town Council approval for a zoning ordinance or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the Planning Board, as well as conditional Planning Board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the Town Council, and then return to the Planning Board for subsequent required approval(s).

8.11 APPEAL OF PLANNING BOARD ACTION.

8.11.1 The Board of Appeal.

As authorized by the Zoning Ordinance and pursuant to state law, the Zoning Board shall be the Board of Appeal to hear appeals of decisions of the Planning Board or the Administrative Officer on matters of review and approval of subdivision projects.

8.11.2 Right of Appeal.

An appeal from any decision of the Board, or Administrative Officer charged in the regulations with enforcement of any provisions, except as provided herein, may be taken to the Board of Appeal by an aggrieved party.

8.11.3 Process of Appeal.

a. Time Period and Standing. An appeal to the Board of Appeal from a decision or action of the Board or Administrative Officer may be taken by an aggrieved party. Such appeal must be taken within twenty (20) days after the decision has been recorded and posted in the office of the Town Clerk.

b. Form and Content of Appeal. The appeal shall be in writing and shall state clearly and unambiguously the issue or decision which is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be sent by certified mail, with a return receipt requested, or shall be hand-delivered to the Board of Appeal. The Town Clerk shall accept delivery of an appeal on behalf of the Board of Appeal. Two copies of the appeal shall be filed, and the Town Clerk shall immediately transmit one copy to the Zoning Enforcement Officer and the other copy to the Administrative Officer.

c. Transmittal of Record. Upon receipt of an appeal, the Board of Appeal shall require the Planning Board or 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 which is being appealed.

8.11.4 Stay of Proceedings.

An appeal shall stay all proceedings in furtherance of the action being appealed.

8.11.5 Public Hearing.

a. Time Limits and Notice. The Board of Appeal shall hold a public hearing on the appeal within forty-five (45) days of the receipt of the appeal, give public notice thereof, as well as due notice to the parties of interest. At the hearing any party may appear in person, or may be represented by an agent or attorney. The Board of Appeal shall render a decision within ten (10) days of the close of the public hearing.

b. Cost. The cost of any notice required for the hearing shall be borne by the appellant.

c. Special Meeting Required. The Board of Appeal shall only hear appeals of the actions of the Planning Board or Administrative Officer at a meeting called especially for the purpose of hearing such appeals and which has been so advertised. The hearing, which may be held on the same date and at the same place as a meeting of the Zoning Board of Review, must be held as a separate meeting from any Zoning Board of Review meeting. Separate minutes and records of votes as required by Section 8.11.6 shall be maintained by the Board of Appeal.

8.11.6 Standards of Review.

a. Upon Findings and Record. In instances of a Board of Appeal's review of a Planning Board or Administrative Officer's decision on matters subject to this chapter, the Board of Appeal shall not substitute its own judgment for that of the Planning Board or the Administrative Officer but must consider the issue upon the findings and record of the Planning Board or Administrative Officer. The Board of Appeal shall not reverse a decision of the Planning Board or Administrative Officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.

b. Required Vote. The concurring vote of three (3) of the five (5) members of the Board of Appeal sitting at a hearing, shall be necessary to reverse any decision of the Planning Board or Administrative Officer.

c. Required Records. The Board of Appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The Board of Appeal shall include in the written record the reasons for each decision.

8.11.7 Remand to Board.

In the instance where the Board of Appeal overturns a decision of the Planning Board or Administrative Officer, the proposed project application shall be remanded to the Planning Board or Administrative Officer, at the stage of processing from which the appeal was taken, for further proceedings before the Planning Board or Administrative Officer and/or for the final disposition, which shall be consistent with the Board of Appeal's decision.

8.12 APPEAL OF BOARD OF APPEALS TO SUPERIOR COURT.

An appeal from a decision of the Board of Appeal may be taken by an aggrieved party to the Superior Court for Newport County.

8.12.1 Procedure For Appeal.

An aggrieved party may appeal a decision of the Board of Appeal, to the Newport County Superior Court, by filing a complaint setting forth the reasons of appeal within twenty (20) days after the decision has been recorded and posted in the office of the city or town clerk. The Board of Appeal shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the members of the Board of Appeal shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

8.12.2 Evidence Before the Court.

The review shall be conducted by the Superior Court without a jury. The court shall consider the record of the hearing before the Board and, if it shall appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to such appeal to present such evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.

8.12.3 Standard of Review.

The court shall not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. The court may affirm the decision of the Board of Appeal or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:

a. In violation of constitutional, statutory, ordinance or Board regulations provisions;

b. In excess of the authority granted to the Planning Board by statute or ordinance;

c. Made upon unlawful procedure;

d. Affected by other error of law;

e. Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or

f. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

ARTICLE 9 ADOPTION, AMENDMENT AND APPEAL OF REGULATIONS

9.1 AUTHORITY TO ADOPT.

The Planning Board is empowered by Ordinance 12/21/95 of the Town of Little Compton, adopted December 21, 1995, to adopt, modify and amend these regulations and rules governing land development and subdivision projects within Little Compton and to control land development and subdivision projects pursuant to these regulations and rules.

9.2 PROCEDURE FOR ADOPTION AND AMENDMENT.

The Planning Board shall consider any amendments to these Regulations. Provisions of these Regulations and appendices shall be set forth in text and may incorporate maps, and other technical and graphic material. These Regulations, and all the amendments thereto, shall be consistent with all provisions of the Rhode Island Development Review Act of 1992 (Chapter 23 of Title 45 of the General Laws of Rhode Island, as amended) as well as the Little Compton Comprehensive Plan and the Zoning Ordinance.

9.2.1 Receiving Officer.

Other than for proposals originated by the Planning Board, the Administrative Officer shall be the officer to receive a proposal for amendment to these Regulations. Upon receipt of such proposal, the Administrative Officer shall refer such proposal to the Planning Board for study.

9.2.2 Referral to Town Council.

In addition to the notice and hearing requirements set forth in Section 9.3, no local regulations shall be adopted, repealed, or amended until after such proposal has been referred to the Town Council. The Town Council shall report to the Planning Board within forty-five (45) days after receipt of the proposal, giving its findings and recommendations, which shall be advisory to the Planning Board.

9.3 PUBLIC HEARING AND NOTICE REQUIREMENTS.

9.3.1 Public Hearing.

No local regulations shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Planning Board. At this hearing opportunity shall be given to all person interested to be heard upon the matter of the proposed regulations. The proposal may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. However, any such alteration or amendment must be presented for comment in the course of said hearing.

9.3.2 Newspaper Notice.

The Planning Board shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, but shall not include the day of the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles.

9.3.3 Notice Contents.

All notices, whether newspaper, posted, or mailed, shall:

a. Specify the place of said hearing and the date and time of its commencement.

b. Indicate that adoption, amendment or repeal of local regulations is under consideration;

c. Contain a statement of the proposed amendments to the regulations that may be printed once in its entirety, or may summarize or describe the matter under consideration.

d. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

e. State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.

9.3.4 Mail Notice.

Notice of the public hearing, which may be a copy of the newspaper notice, shall also be sent, at least two (2) weeks prior to the hearing, by first class mail to:

a. The Associate Director of the Division of Planning of the Rhode Island Department of Administration, and

b. The city or town Planning Board of any municipality where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within two thousand feet (2,000') of the Town's boundaries.

c. The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source located within either the municipality or two thousand feet (2,000') of the municipal boundaries, provided, however, that a map survey has been filed with the building inspector as specified in R.I.G.L. Section 45-24-53(E).

9.3.5 Defects.

No defect in the form of any notice under this section shall render any regulations invalid, unless such defect is found to be intentional or misleading.

9.4 APPEALS TO SUPERIOR COURT.

9.4.1 Time Period, Standing and Stay.

An appeal of an enactment of or an amendment to these Regulations may be taken to the Superior Court for Newport County by filing a complaint, as set forth herein, within thirty (30) days after such enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the Town or by any association of residents or landowners of the Town. The appeal shall not stay the enforcement of these Regulations, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal. Pursuant to R.I.G.L. 45-23-73, the court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.

9.4.2 Grounds for Appeal.

The complaint shall set forth with specificity the area in which the enactment or amendment is not consistent with the Comprehensive Planning Act, R.I.G.L. 45-22.2-1 et seq.; the Zoning Enabling Act of 1991, R.I.G.L. 45-24-27 et seq., the Little Compton Comprehensive Plan; or the Little Compton Zoning Ordinance.

9.4.3 Review by Court.

The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, the Zoning Enabling Act of 1991, the Comprehensive Plan, or the Zoning Ordinance. If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of such enactment or amendment which are not consistent. The court shall not revise the local regulations to be consistent, but may suggest appropriate language as part of the court decision.

9.4.4 Attorneys Fees.

The court may in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including a municipality.

9.5 SEVERABILITY.

If any provision of these Regulations or of any rule, decision or determination made thereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the Regulation, rule, decision, or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of these Regulations shall not affect the validity of the remainder of these Regulations.

9.6 EFFECTIVE DATE.

These Regulations shall be effective upon passage, as of December 27, 1995.

ARTICLE 10 DEFINITIONS

The following words and terms are hereby defined relative to their use in these Regulations:

10.1 Administrative Officer.

In accordance with Section 7.1.1, the Administrative Officer is a member of the Planning Board who shall be elected by the Planning Board and is designated to administer these land development and subdivision regulations and to coordinate with other Town Boards and Commissions, municipal staff, and state agencies.

10.2 Administrative Subdivision.

The re-subdivision of existing lots that yields no additional lots for development, and involves no creation or extension of streets. Such re-subdivision shall only involve divisions, mergers, mergers and division or adjustments of boundaries of existing lots.

10.3 Agricultural Land.

Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the soil conservation service of the United States Department of Agriculture.

10.4 Applicant.

Any person who applies to the Planning Board for subdivision approval.

10.5 Board of Appeal.

The Little Compton Zoning Board of Review, which shall be constituted as the Board of Appeal for appeals of actions of the Administrative Officer or Planning Board on matters relating to land development for subdivisions.

10.6 Bond.

Any type of improvement guarantee.

10.7 Buildable Lot.

A lot where construction for the use(s) permitted on the site under the Zoning Ordinance is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of pertinent federal, state and local regulations.

10.8 Certificate of Completeness.

A notice issued by the Administrative Officer informing the applicant that the application is complete and meets the requirements of these regulations, and that the applicant may proceed with the approval process.

10.9 Coastal Feature.

Coastal beaches, dunes, wetlands, cliffs, bluffs, embankments, rocky shores, and manmade shorelines as defined in Chapter 23 of Title 46, General Laws of Rhode Island, as amended.

10.10 Concept Plan.

A drawing with accompanying information showing the basic elements of a proposed subdivision, as used for preapplication meetings and early discussions, and classification of the project within the approval process.

10.11 Cul-de-sac.

The terminus of a street that has only one outlet, laid out to provide a circular or other type of turn-around for vehicles at the closed end.

10.12 Development Regulation.

Zoning, subdivision, land development plan, development plan review, floodplain regulation, soil erosion control or any other governmental regulation of the use and development of land.

10.13 Division of Land.

Any subdivision.

10.14 Easement.

The right of a party to use all or part of the property of another for a specific purpose.

10.15 Endorsement.

The signature of the Administrative Officer or Planning Board Chairperson on an approved plat, permitting recording of the plat.

10.16 Environmental Constraints.

Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also physical constraints to development.

10.17 Final Plan.

The final stage of subdivision.

10.18 Final Plat.

Final drawing(s) of all or portion of a subdivision, and any accompanying materials, to be recorded in the Land Evidence Records after approval by the Planning Board.

10.19 Floodplain or Flood Hazard Area.

An area that has one percent (1%) or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) [42 U.S.C. 4011 et seq.].

10.20 Improvement.

Any natural or built site, that becomes part of, is placed upon, or is affixed to real estate.

10.21 Improvement Guarantee.

A security instrument accepted by the Planning Board and held by Town Treasurer to ensure that all improvements, facilities, or work required by these regulations, or as a condition of approval, will be completed in compliance with the approved plans and specifications.

10.22 Lot Not for Development.

A parcel of land recorded in the Land Evidence Records that is created or reserved for open space and conservation has or will be deeded to the Little Compton Agricultural Conservancy Trust, the Town of Little Compton, or the Rhode Island Department of Environmental Management, with appropriate deed and plat restrictions forbidding any development thereon, in accordance with state law.

10.23 Major Subdivision.

Any subdivision not classified as either an administrative subdivision or a minor subdivision.

10.24 Master Plan.

An overall plan for a major subdivision outlining general, rather than detailed, development intentions. It describes the basic parameters of a major subdivision, rather than giving full engineering details. It is required for review of major subdivisions.

10.25 Minor Subdivision.

A plan for residential development that requires the subdivision of land consisting of five (5) or fewer lots, and does not require any waivers or modifications as specified in these Rules and Regulations. All nonresidential subdivisions shall be considered as major subdivisions.

10.26 Parcel.

A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development.

10.27 Phased Development.

Development where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site.

10.28 Physical Constraints to Development.

Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also environmental constraints.

10.29 Planning Board.

The official planning agency of the Little Compton.

10.30 Plat.

A drawing or drawings of a subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information as specified in these Regulations.

10.31 Preapplication Conference.

An initial meeting between developers and Planning Board and/or its representatives that affords developers the opportunity to present their proposals informally and to receive comments and directions from the Planning Board and others.

10.32 Preliminary Plan.

The stage of subdivision review that requires detailed engineered drawings and all required state and federal permits.

10.33 Prime Farmlands.

Those lands which meet the applicable criteria, as established by the U.S.D.A., Soil Conservation Service.

10.34 Private Way.

A road providing legal frontage for no more than two (2) lots. The subdivider shall record documents assuring that the Town of Little Compton shall not be required to accept or maintain a private way and providing for private maintenance of such private way. Driveways are excluded from this definition.

10.35 Public Improvement.

Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the Town of Little Compton or other governmental entity is presently responsible, or will ultimately assume responsibility for maintenance and operation upon the Town's acceptance.

10.36 Public Informational Meeting.

A meeting of the Planning Board, preceded by notice, open to the public and at which the public shall be heard.

10.37 Re-subdivision.

Any change of an approved or recorded subdivision plat or in a lot recorded in the Land Evidence Records, or that affects the lot lines of any areas reserved for public use, or that affects any map or plan legally recorded prior to the adoption of these Rules and Regulations.

10.38 Storm Water Detention.

A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

10.39 Storm Water Retention.

A provision for storage of storm water runoff.

10.40 Street.

A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.

10.41 Street, Access To.

An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

10.42 Street, Cul-de-sac.

A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

10.43 Street, Public.

All public property reserved or dedicated for street traffic.

10.44 Street, Stub.

A portion of a street reserved to provide access to future development, which may provide for utility connections.

10.45 Street Classification.

A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. The following are major categories:

a. Arterial - A major street that serves as an avenue for the circulation of traffic into, out of, or around the Town.

b. Collector - A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.

c. Local - A street whose primary function is to provide access to abutting properties.

10.46 Subdivider.

A person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision, or who (2) directly or indirectly, sells, leases or develops or offers to sell, lease or develop, or advertises to sell, lease or develop any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision of any interest, lot parcel, site, unit, or plat in a subdivision.

10.47 Subdivision.

The division or re-division of a lot, tract, or parcel of land into two (2) or more lots, tracts or parcels. Any adjustments to existing lot lines of a recorded lot by any means shall be considered a subdivision. All resubdivision activity shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.

10.48 Travel Way.

That portion of a street right-of-way that is used for vehicular travel.

10.49 Vested Rights.

The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to completion of the project.

APPENDIX A

TOWN OF LITTLE COMPTON, RHODE ISLAND

INSTRUCTIONS AND CHECKLIST FOR ADMINISTRATIVE SUBDIVISIONS

The Instructions and Checklist apply to Administrative Subdivisions - divisions, mergers, mergers and redivision and adjustment of existing lot lines resulting in no additional lots.

The Checklist below is intended to guide the Applicant through the review stage.

Administrative Subdivision Plan

Complete all items of the Application Form for Submission of Administrative Subdivision Plan and submit to Administrative Officer with the following:

Required submissions are noted with a • in the Checklist. In addition, the Plan shall include items noted below:

A. 10 copies of the plans drawn to a scale of 1 inch to 100 feet.

B. Size of sheets shall be 18 inches by 24 inches, folded not rolled.

C. Multiple sheets shall include Key Map and shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.).

D. The Administrative Officer shall determine whether or not the plans are complete prior to review. Incomplete plans shall be returned to the Applicant.

E. Plans shall include a certification, with signature and seal, that all plans and improvements conform to all existing and amended standards of the State of Rhode Island Board of Registration of Land Surveyors as follows:

This survey and plan conform to a Class 1 (or 2) standard as adopted by the Rhode Island Board of Registration for Professional Land Surveyors.

I hereby certify that this survey was actually made on the ground as per record description and is correct. There are no encroachments either way across property lines except as shown.

By: Registered Professional Land Surveyor (SEAL)/ Date

F. Plans to be Recorded - Five (5) paper copies of the Final Plan (which shall be an approved version of the Preliminary Plan, showing all required elements thereon) drawn to a scale of one (1) inch equals one hundred (100) feet, plus two (2) paper copies at one (1) inch equals two hundred (200) feet.

CHECKLIST OF REQUIRED INFORMATION

1	Required, if shown with a •
•	Application Form with name and address of Applicant and/or property owner
•	Date of plan preparation, with revision date(s) (if any).
•	Graphic scale and true north arrow.
•	Plat and lot number(s) of the parcel being subdivided.
•	Zoning district(s) of the parcel being subdivided. If more than one district, zoning boundary lines must be shown.
•	Deed Book and Page References; Plan Book and Page Numbers must be shown, if appropriate.
•	Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines.
•	Location and dimensions of existing property lines, stone walls, easements and rights-of-way or adjacent to the subdivision parcel.
•	Location of existing wells and ISDS.

Appendix A - Forms

Town of Little Compton Planning Board

Application Form for Submission of Administrative Subdivision Plan

Attach Additional Sheets as Needed.

Date

1. General Information

A. Location of Proposed Subdivision - Street address, if applicable:

B. Assessors plat:_____ lot(s):

C. Applicant's Name (Include all owners of property):

D. Applicant's Address and Telephone:

E. Owner's Name, Address and Telephone (if different from Applicant):

Application Form for Submission of Administrative Subdivision Plan - Page Two

2. Representation, if applicable (Include notarized letter of authorization)

A. Representative's Name (s).

B. Representative's Address and Telephone:

3. Description of Change

4. Tax Assessors Office, if applicable

I have reviewed the proposed subdivision and concur with the Lot numbering sequence used by the Owner/Applicant.

Tax Assessor/Authorized Representative/Date

5. Tax Collectors Office

Current Tax Obligation for Lot(s) Plat

Has been met by the owner for tax period ending

Has not been met by the owner. Submission is not acceptable until taxes are paid.

Tax Collector/Authorized Representative/Date

Application Form for Submission of Administrative Subdivision Plan - Page Three

6. Owner/Applicant's Signature(s) and date

State of Rhode Island

County of

In on the day of , 19 , before me

personally appeared

, to me known and known by me to be the person(s) executing this Application and he/she/they acknowledge said Application by him/her/them executed to be his/her/ their free act and deed.

Signature:

Printed Name:

My Commission expires on:

Town of Little Compton Planning Board

Administrative Subdivision Tracking Sheet

Name of Subdivision or Applicant or Owner

Plat Lot

1. Administrative Subdivision Plan

Application Received on: Date

Certificate of Completeness: Complete Incomplete*

Date

Due 15 days following receipt of plan

Administrative Officer Decision:

Approve Disapprove Refer to Planning Bd.

Date

Due 15 days following Certificate of Completeness

2. Planning Board Review (if referred)

Application Received on: Date

Regular meeting Held on: Date

Planning Board Decision: Approve** Disapprove

Date

Due 65 days following Certificate of Completeness

3. Extensions

Extension Request Received on: Date

Regular Meeting of the Planning Board

Held on: Date

Planning Board Decision: Approve Disapprove

Date

* Deficiencies Noted on Form Yes No

** Approved with Conditions

Attached Yes No

Town of Little Compton Planning Board

Referral Sheet - Administrative Subdivisions

To: Town Council, Commissions, Boards and Departments:

Subdivision [Name, Location and Applicant and/or Owner(s) Name(s)] has been submitted to the Planning Board for review and action. Please fill in the appropriate lines below and return to the Administrative Officer no later than Date

1) Town Council:

Comments attached

No Comments Offered

Town Council President/Date

2) Conservation Commission

Comments attached

No Comments Offered

Conservation Commission/Authorized Representative/Date

3) Fire Chief

Other public safety comments attached

Fire Department Authorized Representative/Date

4) Police Chief

Other public safety comments attached

Police Department Authorized Representative/Date

Town of Little Compton Planning Board

Certificate as to Completeness of Application

To: Applicant:

Address:

Name of Subdivision Location

Stage of Review

Date Filed

Assessor's Plat & Lot of

Land Being Subdivided

Description of Subdivision

Type of Subdivision

Action Taken by Administrative Officer

Application Certified as Complete

Application Not Complete, with

Following Deficiencies

Signature of Administrative Officer

Date of Certification

APPENDIX B

TOWN OF LITTLE COMPTON, RHODE ISLAND

INSTRUCTIONS AND CHECKLIST FOR MINOR SUBDIVISIONS

These Instructions and Checklist apply to Minor Subdivisions - a residential subdivision resulting in five (5) or fewer lots and requiring no waivers or modifications to these regulations.

There are two (2) stages of review - Preliminary Plan and Final Plan. See Article 5 for purposes, meetings and other requirements. The Checklist below is intended to guide the Applicant through each stage by noting submission requirements.

1. Preliminary Plan.

Complete all items of the Application Form for Submission of Minor Subdivision Plan and submit to Administrative Officer with the following:

Required submissions are noted with a • in the Checklist Under Column 1. In addition, the Preliminary Plan shall include items noted below:

A. Ten (10) copies of the preliminary plans drawn to a scale of 1 inch to 100 feet.

B. Size of sheets shall be 18 inches by 24 inches, folded not rolled.

C. Multiple sheets shall include Key Map and shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.).

D. The Administrative Officer shall determine whether or not the plans are complete prior to submitting them for Planning Board review. Incomplete plans shall be returned to the Applicant.

E. Plans shall include a certification, with signature and seal, that all plans and improvements conform to all existing and amended standards of the State of Rhode Is-

INSTRUCTIONS AND CHECKLIST FOR MINOR SUBDIVISIONS - CONTINUED

land, Board of Registration of Land Surveyors as follows:

This survey and plan conform to a Class 1 (or 2) standard as adopted by the Rhode Island Board of Registration for Professional Land Surveyors.

I hereby certify that this survey was actually made on the ground as per record description and is correct. There are no encroachments either way across property lines except as shown.

By: Registered Professional Land Surveyor (SEAL)/ Date

2. Final Plan

Complete all items of the Application Form for Submission of Minor Subdivision Plan (new copy not necessary, note any changes from Preliminary Plan stage) and submit to the Administrative Officer with the following:

Required submissions are noted with a • in the Checklist under Column 2. In addition, the Final Plan shall include items noted below:

A. Plans to be Recorded - Five (5) paper copies of the Final Plan (which shall be an approved version of the Preliminary Plan, showing all required elements thereon) drawn to a scale of one (1) inch equals one hundred (100) feet, plus two (2) paper copies at one (1) inch equals two hundred (200) feet.

B. Construction Drawings - One (1) paper copy of construction plans drawn to a scale of 1 inch to 50 feet.

C. Any changes or requirements voted upon by the Planning Board at the Preliminary Plan stage.

INSTRUCTIONS AND CHECKLIST FOR MINOR SUBDIVISIONS - CONTINUED

CHECKLIST OF REQUIRED INFORMATION

1	2	Required, if shown with a •
•	•	Application Form with name and address of Applicant and/or property owner.
•	•	Date of plan preparation, with revision date(s) (if any).
•	•	Graphic scale and true north arrow.
•	•	Plat and lot number(s) of the parcel being subdivided.
•	•	Zoning district(s) of the parcel being subdivided. If more than one district, zoning boundary lines must be shown.
•	•	Deed Book and Page References; Plan Book and Page Numbers must be shown, if appropriate.
•	•	Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines.
•	•	Perimeter boundary lines - Curves shall include radius, arc length, central angle, and tangent and chord length.
•		Location and dimensions of existing property lines within or adjacent to the subdivision parcel.
1	2	Required, if shown with a •
•	•	Existing property lines shall show interior angles and distances, easements and rights-of-way within or immediately adjacent to the parcel(s) being subdivided.
•	•	Location and dimensions of existing easements and rights-of-way.
•	•	Location, width and names of existing streets within and adjacent to the subdivision parcel.
•		Names of abutting property owners and property owners across any adjacent streets.
•		Location of wetlands, watercourses or coastal features, if present on or within 200 feet of the property being subdivided to be identified by a biologist.
•	•	Written confirmation from the Rhode Island Department of Environmental Management (RIDEM) pursuant to its Rules and Regulations Governing the Enforcement of the Freshwater Wetlands Act, and any subsequent amendments thereto, that plans of the proposed subdivision, including any required off-site construction, have been reviewed and indicating that the Wetlands Act either does not apply to the proposed site alteration or that approval has been granted for the proposed site alteration, if the biologist certifies the presence of wetlands.
•	•	Location of wells and ISDS as proposed - indicate if RIDEM approval is pending or received.
1	2	Required, if shown with a •
•		Provisions for collecting and discharging stormwater.
•	•	Location of historic cemeteries on or immediately adjacent to the subdivision (if any).
•		Location of any unique natural and/or historic features, including stone walls.
•	•	Proposed improvements including streets, lots, lot lines, with approximate lot areas and dimensions. Proposed lot lines shall be drawn so as to distinguish them from existing property lines.
•	•	Base flood elevation data.
•	•	Grading plan to show existing and proposed contours at two-foot intervals for all grading proposed for on and off-site street construction, drainage facilities and upon individual lots if part of proposed subdivision improvements.
•		Two (2) copies of a drainage plan showing the measures to be taken to control erosion and sedimentation during and following the development of the subdivision and the measures planned to provide for the control of stormwater runoff.
•		Proposed street plan, profiles and cross-sections drawn at a scale of 1" = 50' if street is proposed.
•	•	Proposed street names (if applicable).
1	2	Required, if shown with a •
•	•	Monuments - As specified in Appendix D.
•		The names and address of owners of all properties, agencies or communities requiring notification as required by these Regulations.
•		Certified list of abutters from the Tax Assessors, including abutters across adjacent streets.
•		If Public Hearing required - The names and addresses of owners of all properties, abutters, agencies or communities requiring notification as required by these Regulations, to be supplied on mailing labels, with completed US Postal Service Certified, Return-Receipt labels, with the Town Clerk's return address stamped thereon.
•		Copies of return receipts for certified mail notices (above).
•	•	Drainage calculations.
	•	Written approval of the proposed subdivision, including any required off-site construction, from the Rhode Island Coastal Resources Management Council in the form of an Assent as provided in the Rhode Island Coastal Resources Management Program, (if necessary).
1	2	Required, if shown with a •
	•	A Physical Alteration Permit issued by the RI Department of Transportation for any connection to or construction work within a State highway or other right-of-way (if necessary).
	•	Preliminary Subdivision Suitability Determination by the RIDEM for the use of individual sewage disposal systems (ISDS).
	•	Draft copies of all legal documents describing the property, proposed easements and rights-of-way, dedications, restrictions, or other required legal documents.
	•	If street(s) are proposed, proof of homeowners' association for ownership of platted lot not for development, used for streets, and liability insurance of the same (if applicable).
	•	Final written comments on the Preliminary Plan - Referral Form and attachments.
	•	Compliance with any additional improvements or conditions as required by the Preliminary Plan stage.
	•	Certification by a Registered Land Surveyor that a perimeter survey of the land being subdivided has been performed and conforms to the survey requirements of these Regulations.
1	2	Required, if shown with a •
•	• •	Payment of Required Fees a. Application Filing Fee - See Section 7.5.1 b. Inspection Fee - See Section 7.5.2 c. Recording Fee - Final plat - Town Clerk
	•	Either of the following: a. A letter stating it is the intent of the applicant to complete the required improvements; or b. A letter requesting that security be set by the Board sufficient to cover the cost of required improvements.
	•	Performance bond or other financial guarantees (Initial amount and date set by Planning Board).
	•	Maintenance bond for acceptance of public improvements (optional).

Appendix B - Forms

Town of Little Compton Planning Board

Application Form for Submission of Minor Subdivision Plan

Attach Additional Sheets as Needed.

Preliminary Plan Date

Final Plan Date

1. General Information

A. Location of Proposed Subdivision - Street address, if applicable:

B. Assessors plat: lot(s):

C. Applicant's Name (Include all owners of property):

D. Applicant's Address and Telephone:

E. Owner's Name, Address and Telephone (if different from Applicant):

Application Form for Submission of Minor Subdivision Plan - Page Two

2. Representation, if applicable (Include notarized letter of authorization)

A. Representative's Name(s).

B. Representative's Address and Telephone:

3. Description of Proposed Subdivision

4. Tax Assessors Office, if applicable

I have reviewed the proposed subdivision and concur with the Lot numbering sequence used by the Owner/Applicant.

Tax Assessor/Authorized Representative/Date

5. Tax Collectors Office

Current Tax Obligation for Lot(s) Plat

Has been met by the owner for tax period ending

Has not been met by the owner. Submission is not acceptable until taxes are paid.

Tax Collector/Authorized Representative/Date

6. Owner/Applicant's Signature(s) and date

Application Form for Submission of Minor Subdivision Plan - Page Three

State of Rhode Island

County of

In on the day of , 19 , before me personally appeared

, to me known and known by me to be the person(s) executing this Application and he/she/they acknowledge said Application by him/her/them executed to be his/her/ their free act and deed.

Signature:

Printed Name:

My Commission expires on:

Town of Little Compton Planning Board

Minor Subdivision Tracking Sheet

Name of Subdivision or Applicant or Owner

Plat Lot

1. Preliminary Plan

Application Received on: Date

Certificate of Completeness: Complete Incomplete*

Date

Due 25 days following receipt of plan

Public Hearing (if street proposed)

Held on: Date

Planning Board Decision (no street):

Approve** Disapprove Date

Due 65 days following Certificate of Completeness

Planning Board Decision (street):

Approve** Disapprove Date

Due 95 days following Certificate of Completeness

2. Final Plan

Application Received on: Date

Regular Meeting of the Planning

Board Held on: Date

Planning Board Decision:

Approve** Disapprove Date

3. Extensions (Indicate Stage)

Extension Request Received on: Date

Regular Meeting of the Planning Board

Held on: Date

Planning Board Decision: Approve Disapprove

Date

* Deficiencies Noted on Form Yes No

** Approved with Conditions

Attached Yes No

Town of Little Compton Planning Board

Referral Sheet - Minor Subdivisions

To: Town Council, Commissions, Boards and Departments:

1) Town Council:

Comments attached

No Comments Offered

Town Council President/Date

2) Conservation Commission

Comments attached

No Comments Offered

Conservation Commission/Authorized Representative/Date

3) Fire Chief (if new roads are proposed)

I have reviewed the proposed street names and concur with the proposed name(s) OR recommend that the names be changed due to similarities with existing streets.

Other public safety comments attached

Fire Department Authorized Representative/Date

4) Police Chief

Other public safety comments attached

Police Department Authorized Representative/Date

5) Newport Water Department - if within 2,000 feet of the Watson Reservoir

Comments attached

Authorized Representative/Date

Town of Little Compton Planning Board

Certificate as to Completeness of Application

To: Applicant:

Address:

Name of Subdivision Location

Stage of Review

Date Filed

Assessor's Plat & Lot of

Land Being Subdivided

Description of Subdivision

Type of Subdivision

Action Taken by Administrative Officer

Application Certified as Complete

Application Not Complete, with

Following Deficiencies

Signature of Administrative Officer

Date of Certification

APPENDIX C

TOWN OF LITTLE COMPTON, RHODE ISLAND

INSTRUCTIONS AND CHECKLIST FOR MAJOR SUBDIVISIONS

These Instructions and Checklist apply to Major Subdivisions - a subdivision resulting in six (6) or more lots, a subdivision requiring a waiver or modifications to these regulations, a nonresidential subdivision, or a subdivision with phasing.

There are four (4) stages of review - Preapplication, Master Plan, Preliminary Plan and Final Plan. See Article 5 for purposes, meetings and other requirements. The Checklist below is intended to guide the Applicant through each stage by noting submission requirements.

1. Preapplication

Complete item 1 of the Application Form for Submission of Major Subdivision Plan and submit to the Administrative Officer with the following:

One (1) copy of a proposed subdivision plan, which shall at least be a copy of the appropriate sheet(s) of the Town of Little Compton Assessors Plat. The Applicant need only depict an illustrative site plan, not necessarily to scale, but sufficient for general discussion and concept review. The Administrative Officer will schedule a meeting with the Planning Board in accordance with Section 5.2 of these Regulations. Required submissions are noted with a • in the Checklist under Column 1.

2. Master Plan

Complete items 1 and 2 of the Application Form for Submission of Major Subdivision Plan (new copy not necessary, if Preapplication stage complete) and submit to the Administrative Officer with the following:

Ten (10) copies of a narrative report (8 1/2 x 11 sheets, stapled or bound) providing a general description of the existing physical environment and existing use(s) of the property along with a general description of the uses and type of development proposed by the Applicant. Required submissions are noted with a • in the Checklist under Column 2. In addition, the report shall include items noted below:

A. An aerial photograph or a copy of any existing aerial photograph (if not available, note reasons) of the proposed subdivision parcel and surrounding area.

B. A copy of the soils map of the subdivision parcel and surrounding area, and a general analysis of soil types and suitability for the development proposed. If any prime agricultural soils are within the subdivision parcel(s) the soils map shall be marked to show the location of said prime agricultural soils.

C. An estimate of the approximate number of people, including school-aged children to be housed in the proposed subdivision.

D. Proposed phasing, if any.

E. A vicinity map (which may be drawn or copied from the Town of Little Compton Assessors Plats or other such map at an appropriate scale) to show the area within one-half mile of the subdivision parcel(s) depicting the locations of all streets, existing lot lines, and zoning districts boundaries. Schools, designated open space, fire stations and other significant public facilities shall be indicated by shading and labeling the specific use.

F. Initial written comments on the Master Plan from the following agencies:

Town of Little Compton: Building Official, Conservation Commission, Police Dept., Fire Dept, School Dept., and the Newport Water Department for Subdivisions within 2,000 feet of the Watson Reservoir. Adjacent communities: Only where the proposed subdivision is within 2,000 feet of the Town's borders with Tiverton, R.I. or Westport, Mass.)

State agencies: Departments of Environmental Management, Transportation, Coastal Resources and others deemed appropriate by the Administrative Officer.

Federal agencies: U.S. Army Corps Engineers and Federal Emergency Management Agency if deemed appropriate by the Administrative Officer.

G. The Administrative Officer shall determine whether or not the plans are complete prior to submitting them for Planning Board review. Incomplete plans shall be returned to the Applicant.

H. Plans shall include a certification that all plans and improvements conform to all existing and amended standards of the State of Rhode Island, Board of Registration of Land Surveyors.

3. Preliminary Plan

Complete all items of the Application Form for Submission of Major Subdivision Plan (new copy not necessary, if Preapplication and Master Plan stages complete) and submit to the Administrative Officer with the following:

Required submissions are noted with a • in the Checklist under Column 3. In addition, the Preliminary Plan shall include items below:

A. Ten (10) copies of the preliminary plans drawn to a scale of 1 inch to 100 feet.

B. Size of sheets shall be 18 inches by 24 inches, folded not rolled.

C. Multiple sheets shall include Key Map and shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.).

D. The Administrative Officer shall determine whether or not the plans are complete prior to submitting them for Planning Board review. Incomplete plans shall be returned to the Applicant.

E. Plans shall include a certification, with signature and seal, that all plans and improvements conform to all existing and amended standards of the State of Rhode Island and Providence Plantations, Board of Registration of Land Surveyors as follows:

This survey and plan conform to a Class 1 (or 2) standard as adopted by the Rhode Island Board of Registration for Professional Land Surveyors.

I hereby certify that this survey was actually made on the ground as per record description and is correct. There are no encroachments either way across property lines except as shown.

By: Registered Professional Land Surveyor (SEAL)/ Date

4. Final Plan

Complete all items of the Application Form for Submission of Major Subdivision Plan (new copy not necessary, note any changes from Preliminary Plan stage) and submit to the Administrative Officer with the following):

Required submissions are noted with a • in the Checklist under Column 4. In addition, the Final Plan shall include items noted below:

B. Construction Drawings - One (1) copy of construction plans drawn to a scale of one (1) inch to fifty (50) feet.

C. Any changes or requirements voted upon by the Planning Board at the Preliminary Plan stage.

CHECKLIST OF REQUIRED INFORMATION

1	2	3	4	Required, if shown with a •
•	•	•	•	Application Form with name and address of Applicant and/or property owner.
	•	•	•	Date of plan preparation, with revision date(s) (if any).
	•	•	•	Graphic scale.
•	•	•	•	True north arrow.
•	•	•	•	Plat and lot number(s) of the parcel being subdivided.
•	•	•	•	Zoning district(s) of the parcel being subdivided. If more than one district, zoning boundary lines must be shown.
•			•	Deed Book and Page References must be shown, if appropriate.
	•	•	•	Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines.
	•	•	•	Perimeter boundary lines - Curves shall include radius, arc length, central angle, and tangent and chord length.
1	2	3	4	Required, if shown with a •
	•	•	•	Location and dimensions of existing property lines within or adjacent to the subdivision parcel.
	•	•	•	Existing property lines shall show interior angles and distances.
	•	•	•	Location and dimensions of existing easements and rights-of-way.
•	•	•	•	Location, width and names of existing streets within and adjacent to the subdivision parcel.
		•		Names of abutting property owners and property owners across any adjacent streets.
	•	•	•	Location of wooded areas and notation of existing ground cover.
•				Location of wetlands, watercourses or coastal features, if present on or within 200 feet of the property being subdivided to be generally identified on a plat map.
	•			Location of wetlands, watercourses or coastal features, if present on or within 200 feet of the property being subdivided to be identified and flagged by a biologist.
1	2	3	4	Required, if shown with a •
		•	•	Written confirmation from the Rhode Island Department of Environmental Management (RIDEM) pursuant to its Rules and Regulations Governing the Enforcement of the Freshwater Wetlands Act, and any subsequent amendments thereto, that plans of the proposed subdivision, including any required off-site construction, have been reviewed and indicating that the Wetlands Act either does not apply to the proposed site alteration or that approval has been granted for the proposed site alteration.
	•	•	•	Location and dimension of all existing utilities within and immediately adjacent to the subdivision, including ISDS, well(s), gas, electric, phone, cable TV, fire alarm, hydrants, utility poles, stormwater drainage or other existing above or underground utilities.
		•	•	Location of wells and ISDS as proposed - indicate if RIDEM approval is pending or received.
	•	•	•	Areas of agricultural use.
	•	•	•	Location and approximate size of existing buildings or significant above-ground structures on or immediately adjacent to the subdivision.
1	2	3	4	Required, if shown with a •
		•	•	Provisions for collecting and discharging stormwater.
	•	•	•	Location of historic cemeteries on or immediately adjacent to the subdivision (if any).
	•	•	•	Location of any unique natural and/or historic features, including stone walls.
	•	•	•	Proposed improvements including streets, lots, lot lines, with approximate lot areas and dimensions. Proposed lot lines shall be drawn so as to distinguish them from existing property lines.
		•	•	Base flood elevation data.
	•	•	•	Soil erosion and sediment control plan.
	•	•	•	Landscaping plan to show all significant proposed clearing of land, removal of existing vegetation, revegetation and/or landscaping on street rights-of-way and upon individual lots if part or proposed subdivision improvements.
		•	•	Grading plan to show existing and proposed contours at two-foot intervals for all grading proposed for on and off-site street construction, drainage facilities and calculations upon individual lots if part of proposed subdivision improvements.
1	2	3	4	Required, if shown with a •
	•	•	•	Proposed street plan, profiles and cross-sections drawn at a scale of 1" = 50' for subdivisions.
	•	•	•	Monuments - See Appendix D.
	•	•	•	Location, width and names of existing streets within and adjacent to the parcel being subdivided.
		•	•	Proposed street names (if applicable).
		•	•	Two (2) copies of a drainage plan showing the measures to be taken to control erosion and sedimentation during and following the development of the subdivision and the measures planned to provide for the control of stormwater runoff.
	•	•	•	Location, dimension and area of any land proposed to be dedicated to the Little Compton Agricultural Trust or other agency.
		•	•	Written approval of the proposed subdivision, including any required off-site construction, from the Rhode Island Coastal Resources Management Council in the form of an Assent as provided in the Rhode Island Coastal Resources Management Program, (if necessary).
1	2	3	4	Required, if shown with a •
		•	•	A Physical Alteration Permit issued by the RI Department of Transportation for any connection to or construction work within a State highway or other right-of-way (if necessary).
		•	•	Preliminary Subdivision Suitability Determination by the RIDEM for the use of individual sewage disposal systems (ISDS).
		•	•	Draft copies of all legal documents describing the property, proposed easements and rights-of-way, dedications, restrictions, or other required legal documents.
	•	•		The names and addresses of owners of all properties, agencies or communities requiring notification as required by these Regulations.
	•	•		Certified list of abutters from the Tax Assessor, including abutters across adjacent streets.
	•	•		The names and addresses of owners of all properties, abutters, agencies or communities requiring notification as required by these Regulations, to be supplied on mailing labels, with completed US Postal Service Certified, Return-Receipt labels, with the Town Clerk's return address stamped thereon.
1	2	3	4	Required, if shown with a •
	•	•		Copies of return receipts for certified mail notices (above).
			•	Final written comments on the Preliminary Plan - Referral Form and attachments.
			•	Compliance with any additional improvements or conditions as required by the Preliminary Plan stage.
		•	•	Certification by a Registered Land Surveyor that a perimeter survey of the land being subdivided has been performed and conforms to the survey requirements of these Regulations.
			•	Proof of homeowner's association for ownership of platted lot not for development, used for streets, and liability insurance of the same (if applicable).
		•	•	Deed transferring land proposed for dedication to the Town, Agricultural Conservancy Trust or other qualified group or agency for open space purposes (if applicable).
1	2	3	4	Required, if shown with a •
	•		• •	Payment of Required Fees a. Application Filing Fee - See Section 7.5.1 b. Inspection Fee - See Section 7.5.2 c. Recording Fee - Final plat - Town Clerk
			•	Either of the following: a. A letter stating it is the intent of the applicant to complete the required improvements; or b. A letter requesting that security be set by the Board sufficient to cover the cost of required improvements.
			•	Performance bond or other financial guarantees (Initial amount and date set by Planning Board).
			•	Maintenance bond for acceptance of public improvements (optional).

Appendix C - Forms

Town of Little Compton Planning Board

Application Form for Submission of Major Subdivision Plan

Attach Additional Sheets as Needed.

Preliminary Plan Date

Master Plan Date

Preliminary Plan Date

Final Plan Date

1. General Information

A. Location of Proposed Subdivision - Street address, if applicable:

B. Assessors plat: lot(s):

C. Applicant's Name (Include all owners of property):

D. Applicant's Address and Telephone:

E. Owner's Name, Address and Telephone (if different from Applicant):

Application Form for Submission of Major Subdivision Plan - Page Two

2. Representation, if applicable (Include notarized letter of authorization)

A. Representative's Name(s).

B. Representative's Address and Telephone:

3. Description of Proposed Subdivision

4. Requested list of waivers from Development Review Regulations:

5. Tax Assessors Office, if applicable

I have reviewed the proposed subdivision and concur with the Lot numbering sequence used by the Owner/Applicant.

Tax Assessor/Authorized Representative/Date

Application Form for Submission of Major Subdivision Plan - Page Three

6. Tax Collectors Office

Current Tax Obligation for Lot(s) Plat

Has been met by the owner for tax period ending

Has not been met by the owner. Submission is not acceptable until taxes are paid.

Tax Collector/Authorized Representative/Date

7. Owner/Applicant's Signature(s) and date

State of Rhode Island

County of

In on the day of , 19 , before me personally appeared

, to me known and known by me to be the person(s) executing this Application and he/she/they acknowledge said Application by him/her/them executed to be his/her/ their free act and deed.

Signature:

Printed Name:

My Commission expires on:

Town of Little Compton Planning Board

Major Subdivision Tracking Sheet

Name of Subdivision or Appellant or Owner

1. Preliminary Plan

Application Form Received on: Date

Planning Board Meeting Held on: Date

2. Master Plan

Application Received on: Date

Certificate of Completeness: Complete Incomplete*

Date

Due 90 days following receipt of plan

Informational Meeting Held on: Date

Planning Board Decision

Approve** Disapprove Date

Due 120 days following Certificate of Completeness

3. Preliminary Plan

Application Received on Date

Certificate of Completeness: Complete Incomplete*

Date

Due 60 days following receipt of plan

Public Hearing Held on: Date

Planning Board Decision:

Approve** Disapprove Date

Due 120 days following Certificate of Completeness

4. Final Plan

Application Received on: Date

Certificate of Completeness: Complete Incomplete*

Date

Due 45 days following receipt of plan

Regular Meeting of the Planning Board

Held on: Date

Planning Board Decision:

Approve** Disapprove Date

Due 45 days following Certificate of Completeness

Extensions (Indicate Stage)

Extension Request Received on: Date

Regular Meeting of the Planning Board

Held on: Date

Planning Board Decision: Approve Disapprove

Date

* Deficiencies Noted on Form Yes No

** Approved with Conditions

Attached Yes No

Town of Little Compton Planning Board

Referral Sheet - Major Subdivisions

To: Town Council, Commissions, Boards and Departments:

1) Town Council:

Comments attached

No Comments Offered

Town Council President/Date

2) Conservation Commission

Comments attached

No Comments Offered

Conservation Commission/Authorized Representative/Date

3) Fire Chief (if new roads are proposed)

I have reviewed the proposed street names and concur with the proposed name(s) OR recommend that the names be changed due to similarities with existing streets.

Other public safety comments attached

Fire Department Authorized Representative/Date

4) Police Chief

Other public safety comments attached

Police Department Authorized Representative/Date

5) Newport Water Department - if within 2,000 feet of the Watson Reservoir

Comments attached

Authorized Representative/Date

Town of Little Compton Planning Board

Certificate as to Completeness of Application

To: Applicant:

Address:

Name of Subdivision Location

Stage of Review

Date Filed

Assessor's Plat & Lot of

Land Being Subdivided

Description of Subdivision

Type of Subdivision

Action Taken by Administrative Officer

Application Certified as Complete

Application Not Complete, with

Following Deficiencies

Signature of Administrative Officer

Date of Certification

APPENDIX D SUBDIVISION DESIGN STANDARDS

D.1 General Provisions.

a. The subdivider, at his/her own expense, shall construct or install improvements designed by a registered engineer in accordance with the specifications of this Appendix. These required improvements are minimum design standards and accordingly, where conditions relating to the site warrant additional requirements, the Planning Board may, after citing such conditions and establishing reasons for exceeding such standards, require that the road design and construction shall exceed these standards.

b. Land unsuitable for development on the basis of soils limitations, sanitation, water supply or other adverse environmental impact will not be approved for subdivision by the Planning Board.

c. Development subject to the approval by the Rhode Island Department of Environmental Management, the Rhode Island Coastal Resources Management Council, or the U.S. Army Corps of Engineers will not be given final approval for subdivision by the Town in the absence of approval from those agencies. A letter of conditional approval will be given pending approval from the above agencies.

d. The general layout of the subdivision shall be designed to complement the natural form, features and vegetation of the land. The general pattern and design of the circulation system in the subdivision shall be designed so that it will provide safe vehicular and pedestrian travel.

D.2 Streets.

D.2.1 General Requirements - All Subdivisions.

a. The general pattern of streets in a subdivision shall consider the existing street system and any applicable provisions of the Little Compton Comprehensive Community Plan.

b. Reserve strips or physical barriers controlling access to a street may be required by the Planning Board for public health or safety purposes.

c. Where practicable, streets shall be designed to conform to the topography of the land and substantial alterations to the natural drainage pattern shall be avoided.

d. Any extension of an existing street shall have the same name as the existing street and the names of other proposed streets shall be substantially different from existing street names in the Town of Little Compton.

e. Existing and proposed streets shall be continued with at least the same width, provided that street widths shall conform to the requirements in this Appendix.

f. The Planning Board may require streets for the continuation or projection of streets into abutting land when necessary to insure the public health or safety, or to provide for street access to other land that does not otherwise have available a primary access to an existing Little Compton street and may require as a condition for approval of a subdivision the construction of streets over other land dedicated for such purposes if necessary to insure the public health or safely, or to provide a primary access that is not otherwise available to an existing Little Compton street. If the Planning Board requires such access, the Planning Board shall require future developers who connect to such access, to justly compensate the owners of such access.

D.2.2 Minor Subdivisions.

a. Streets in minor subdivisions shall have a right-of-way width between property lines of no less than forty (40) feet and a travel way width of no less than sixteen (16) feet. The Planning Board may require additional right-of-way or travel way if conditions warrant for reasons of public health or safety. Paved surfaces shall be no closer than eight (8) feet to any street right-of-way line unless otherwise authorized by the Planning Board.

b. Grades of private ways shall not be less than one (1) percent nor more than five (5) percent. The Planning Board may allow grades of private ways to exceed five (5) percent, but not more than ten (10) percent, if site conditions indicate minimal potential for erosion.

c. The subdivider shall record on the Minor Subdivision Plat that the Town of Little Compton shall not be required to accept or maintain a private way and that the owner(s) of property along such private ways shall be responsible for the maintenance and upkeep of such private ways.

d. A "private way" sign shall be posted where the private way connects to a public street. Private ways shall be named, and the name shall include the designation "way" and not "street."

e. Non-through streets, designed to provide access to adjacent property, shall have, at their closed end, a temporary turnaround until extended into adjacent property. Where a non-through street is to have a permanent dead end, said street shall have a turnaround or cul-de-sac with a radius of not less than fifty (50) feet between property lines and a paved surface with a radius of not less than forty (40) feet. There shall be a transitional curve from the street into the turnaround or cul-de-sac with a radius of fifteen (15) feet at the property line and twenty-five (25) feet at the edge of the paved surface. In general, permanent dead end streets shall not exceed nine hundred (900) feet in length.

f. Two lot, one-time-only compounds shall have a right-of-way width between property lines of no less than twenty-four (24) feet and a travel way width of no less than twelve (12) feet. The Planning Board may require additional right-of-way or travel way if conditions warrant for reasons of public health or safely. Paved surfaces shall be no closer than six (6) feet to any street right-of-way line unless otherwise authorized by the Planning Board. Notwithstanding any other provision of these Development Regulations, the travel way within two lot, one-time-only compounds shall have a gravel surface composed of a two (2) inch layer of crushed stone [one-half (1/2) inch to two (2) inch crushed stone] on top of a base course as required in D.3.3.

g. Each street shall be a separate platted lot not for development. Such lot shall be deeded to a homeowners' association. Proof of the existence of the homeowners' association and proof of liability insurance for the street shall be provided to the Planning Board prior to final approval of the subdivision.

D.2.3 Major Subdivisions.

a. Streets in major subdivisions shall have a right-of-way width between property lines of no less than forty (40) feet and a paved surface width of no less than twenty (20) feet. The Planning Board may require additional right-of-way or paved width where the proposed street is deemed to be an arterial or collector street subject to heavier traffic within said subdivision. Paved surfaces shall be no closer than ten (10) feet to any street right-of-way line unless otherwise authorized by the Planning Board.

b. Intersecting street center lines, whether new or existing, shall be offset by a minimum of one hundred fifty (150) feet and said center lines shall intersect as nearly at right angles as practicable but in no instances at an angle of less than sixty (60) degrees.

c. Intersecting street lines shall be rounded by an arc having a radius of not less than fifteen (15) feet at the property line and twenty-five (25) feet at the edge of the paved surface.

d. Where a deflection angle of ten (10) degrees or more occurs in the center line of a street, a center line curve having a minimum radius of one hundred fifty (150) feet shall be introduced.

e. Non-through streets, designed to provide access to adjacent property, shall have, at their closed end, a temporary turnaround until extended into adjacent property. Where a non-through street is to have a permanent dead end, said street shall have a turnaround or cul-de-sac with a radius of not less than fifty (50) feet between property lines and a paved surface with a radius of not less than forty (40) feet. There shall be a transitional curve from the street into the turnaround or cul-de-sac with a radius of fifteen (15) feet at the property line and twenty-five (25) feet at the edge of the paved surface. Permanent dead end streets shall not exceed one thousand (1,000) feet in length, unless specifically authorized by the Planning Board, and once established, shall not be used to create additional lots beyond the one thousand (1,000) feet.

f. Grades of residential streets shall not be less than one (1) percent nor more than ten (10) percent. Grades of gravel roads shall not be less than one (1) percent nor more than six (6) percent.

g. Any major subdivision creating in excess of twelve (12) lots shall provide at least two (2) means of access to and from elements of the existing street system. The Planning Board may, however, require provision for more than one (l) access to a subdivision of less than twelve (12) lots where deemed necessary for public safety and convenience.

h. If any access to a proposed subdivision is by way of a street, other than a Town or State road, not meeting the standards as herein provided, the Planning Board may require the subdivider to improve said access street.

i. Street signs shall be installed at all street intersections immediately after grading and preparation of sub-base. Street signs shall be of the size and type utilized by the Town of Little Compton or as specified by the Planning Board.

D.3 Construction Requirements - Streets, Minor and Major Subdivisions.

D.3.1 Clearing and Grubbing.

a. Right-of-way Treatment. The entire width of the right-of-way (forty (40) feet) as shown on the plat shall be prepared for road construction, but such right-of-way shall not be grubbed, excavated or drained unless required by the Planning Board for reasons of public health or safely. Where rights-of-way are in excess of forty (40) feet wide, only the travel way, but not more than forty (40) feet, shall be prepared for road construction, unless specifically authorized by the Planning Board for reasons of public health or safety. Trees and stone walls not closer than fifteen (15) feet to the center line of the right-of-way shall not be removed or destroyed. However, the Planning Board may grant permission in advance to this requirement on any proposed right-of-way on a tree by tree basis and any stone wall(s) that must be moved or destroyed. Reasons for the request shall be submitted in writing to the Planning Board.

b. Travel way Treatment. The travel way (sixteen (16) feet for Minor Subdivisions and twenty (20) feet for Major Subdivisions) shall be cleared, grubbed, excavated, drained and prepared for sub-base.

D.3.2 Excavation for Sub-Base.

a. Earth Excavation. Earth excavation shall include, but shall not be limited to, the removal of clay, sand, gravel, loam, soft or disintegrated rock which can be removed without blasting, boulders of less than one-half (l/2) cubic yard in volume and other unacceptable materials within the limits of roadway, drainage, or other excavation. This item of work, shall also include backfilling of all slump holes and other surface irregularities with suitable fill materials. All excavations shall be to a depth and width as shown on the accepted plans, profiles, and cross-sections.

b. Rock and Ledge Excavation. Rock and ledge excavation shall include removal and disposal of all boulders one-half (1/2) cubic yard or more in volume and all hard ledge rock which can be removed only by drilling and splitting mechanically by hand or by blasting. Such excavation shall be at least six (6) inches below subgrade and, where applicable, ledge side slopes shall be four (4) feet vertical to one (1) foot horizontal.

c. Subsurface Water. Where free water is encountered within three (3) feet of finished grade, adequate drainage shall be constructed at a depth of at least four (4) feet below finished grade.

d. Preparation of Sub-Base. The sub-base shall be thoroughly compacted by a ten (10) ton roller or its equivalent, true to the lines, grades and cross-sections shown on the accepted drawings. All soft spots shall be excavated to firm material and brought to subgrade with gravel or other approved material. The sub-base shall be swept or otherwise cleaned of all mud, loose and foreign material and shall be thoroughly dry before any aggregate is spread.

D.3.3 Base Course.

The base course shall consist of a minimum of eight (8) inches of bank gravel with a minimum eight (8) inch processed gravel overlay. Maximum stone size for bank gravel is four (4) inches and maximum stone size for processed gravel is two (2) inches. All gravel shall meet the requirements of Section M.01.02 materials as cited in the Rhode Island Standard Specifications for Road and Bridge Construction hereafter referred to as the Standard Specifications.

D.3.4 Earthwork, Drainage and Related Structures.

Surface and subsurface storm drainage facilities shall be installed and connected to watercourses, dry wells, containment ponds, or to elements of a public storm sewer system if such connection is feasible. Such installations shall conform to the appropriate provisions of the Standard Specifications for Road and Bridge Construction, published by the State of Rhode Island, Department of Transportation and 1993 Design Standards for Stormwater.

D.3.5 Finished Surface Cross-Slope.

The finished surface shall have a minimum cross-slope of one quarter (1/4) inch per foot.

D.3.6 Paving for Travel Ways.

a. Paved Street. The surface of the roadway is to be bituminous concrete (hot mix) conforming to Sections 402 Bituminous Concrete and Section M.01- Materials of the Standard Specifications. The bituminous concrete pavement shall consist of one and one-half (1-1/2) inch Type 1-1 surface course on a one and one-half (1-1/2) inch modified binder. In order to maintain the rural character of the Town, a pea stone surface shall be rolled into the surface course while the surface is still hot. The Planning Board may waive the pea stone requirement.

b. Temperature Limitations. No bituminous materials shall be applied during unfavorable weather conditions or when the temperature of the air is below fifty degrees Fahrenheit (50° F).

c. Traffic Limitation. Traffic passing over newly constructed streets shall be limited to wheeled vehicles only and no tracked equipment shall be allowed to pass.

d. Final Course Set for Winter. Upon completion of the final surface material, the newly constructed street shall pass one full winter season prior to the release of the performance bond.

D.4 Other Requirements - All Subdivisions.

a. Monuments: Monuments shall be installed at all street intersections, at all points of change of direction or curvature of the streets, at the corners of all lots, and at other points where, in the opinion of the Planning Board, permanent monuments are necessary. Such monuments shall conform to the following specifications: Granite or concrete monuments three feet, six inches (3'6") in length, dressed to six (6) inches square at the top with a three-eighths (3/8) inch drill hole in the center, and not less than six (6) inches square at the bottom, and shall be set to finish grade. If it is impractical to set the monument to the above depth due to a natural obstruction, then a short monument may be used if, and only if, it is permanently anchored to the natural obstruction. No permanent monuments shall be installed until all construction which would destroy or disturb the monuments is completed.

b. Street Trees. Street trees are required, unless waived by the Planning Board based on its finding that existing trees will not be removed or that sufficient natural growth exists within the front yards of lots in the subdivision.

(1) Location. When required, street trees shall be planted along either or both sides of the street and located at a minimum distance of five (5) feet measured from each right-of-way line within the front yard of the lots of the subdivision. Trees shall be planted at distances of not less than fifty (50) feet nor more than seventy-five (75) feet-apart along each side of the street. At street corners, trees shall not be planted within twenty-five (25) feet of the intersecting right-of-way lines.

(2) Materials. Trees shall be grown under local climatic conditions and of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. The average trunk diameter measured at a height of six (6) inches above the finished grade shall be a minimum of one and one-half (1-1/2) inches. Trees proposed for planting shall be recommended by the Little Compton Tree Committee and approved by the Planning Board. All planting shall be done under the supervision of a licensed arborist. Loam shall be clean, of good quality and of such fertility and composition that it will support plant growth.

D.5 Lots.

a. All proposed residential lots within a subdivision shall front on an existing or proposed street or private way with the minimum frontage as prescribed in the Little Compton Zoning Ordinance.

b. Building setback lines shall conform to the Zoning Ordinance.

c. Side lot lines shall be as near right angles to street right-of-way lines as practicable or radial to a curved street right-of-way line.

d. Residential lots shall conform to the dimensional requirements of the Zoning Ordinance. Interior angles within a lot shall not be less than forty-five (45) degrees or more than two hundred (200) degrees. In no case shall side lot lines intersect.

e. Lots in a business zone shall be of sufficient area to accommodate off-street parking and a safe and adequate water supply and sewage disposal system. Such lots shall conform to the provisions of the Zoning Ordinance with respect to yard depths and widths, building coverage, off-street parking and access.

f. Where the report of the Rhode Island Department of Environmental Management, the Rhode Island Coastal Resources Management Council or other agencies of jurisdiction indicate that larger lot sizes are required for the provision of adequate sewage disposal; adequate water aquifer or recharge zone or the protection of a valuable natural resource, the Planning Board will require the provision of lots in excess of the area prescribed in the Zoning Ordinance or may condition its approval on the elimination of development on certain designated lots in the subdivision.

D.6 Erosion, and Sedimentation Control and Surface Water Drainage.

Measures and improvements designed to provide soil erosion and sedimentation control shall be designed and installed in accordance with a Soil Erosion and Storm Runoff Control Plan that shall be prepared and submitted by the subdivider. Said measures and improvements shall be subject to the inspection and approval of the Administrative Officer and shall be covered by the required surety to assure satisfactory completion.

a. The Soil Erosion and Storm Runoff Control Plan shall include measures during and following the development of the subdivision and the improvements designed to carry storm runoff from the subdivision.

b. Measures to control soil erosion and sedimentation shall meet the standards of the latest edition of the Rhode Island Erosion and Sedimentation Control Handbook, prepared by the Soil Conservation Service of the United States Department of Agriculture. All engineering calculations in connection with the design of said measures shall be submitted with the Plan.

c. The standards for the design of all surface and subsurface storm drainage facilities shall be in conformity with the appropriate provisions of the Standard Specifications for Road and Bridge Construction, published by the Rhode Island Department of Transportation.

d. All drainage calculations shall be submitted with the Plan. In general, drainage design shall be based on the rational formula (Q = CiA), where:

Q = Peak Discharge

C = Runoff Coefficient

i = Rainfall Intensity

A = Area of the Watershed

The runoff coefficient (C) shall be determined from the projected use of land within each watershed with a minimum value of 0.30 to be used. The rainfall intensity (i) shall be determined from the times of concentration. A ten (10) year frequency storm shall be used in calculation for street drainage and a twenty-five (25) year frequency storm shall be used in calculations for cross-culverts. The minimum time of concentration for street drainage shall be ten (10) minutes and for cross-culverts shall be thirty (30) minutes. The Planning Board may authorize the use of other recognized criteria in calculations for drainage.

D.7 Easements.

The Planning Board may require the dedication of easements required for the present or future installation and maintenance of utilities, drainage structures, public access ways, open space or for other necessary public purposes.

D.8 Waivers and/or Modification of Standards.

Where strict adherence to design standards is not feasible due to special land conditions or other characteristics of the subdivision or site, and not through any self-imposed hardship by the owner or subdivider; the Planning Board may, pursuant to Section 8.7 of these Regulations, grant waivers and/or modifications to any requirement in this Appendix provided that such waiver or modification is not contrary to the general intent and spirit of these Regulations and provided further that such waivers or modifications shall not include any action which is not in conformity with the Zoning Ordinance, or other applicable local ordinance or State statute.

D.9 Inspection of Improvements.

All improvements to be installed by the subdivider shall be inspected by a registered professional engineer (hereinafter referred to as the Planning Board Engineer), engaged by the Planning Board and paid for by fees charged to the subdivider, in accordance with the requirements below. The Administrative Officer shall assist the Planning Board Engineer with scheduling of inspections and notifications.

a. Notification. No phase or step in the construction of required improvements to the land shall commence until the Administrative Officer and Planning Board Engineer have been notified in writing at least twenty-four (24) hours prior thereto.

b. Inspection. Each phase or step in the construction of required improvements to the land shall be inspected and approved on the job by the Planning Board Engineer. No further phase or step shall commence until such inspection and approval has been completed. The Planning Board Engineer upon proper notification of commencement of a phase or stage of construction shall not impede such construction by delaying inspection and approval without just cause provided, however, that the Planning Board Engineer shall have the authority to require such changes as may be necessary to cause compliance with the required specifications and standards.

c. Cost of Inspection. The cost of all inspections shall be paid by the subdivider and the Planning Board will invoice the subdivider following each inspection. Rates shall be set by the Planning Board.

d. Inspection Records. The Administrative Officer shall maintain a record of all subdivision inspections and shall submit a report of each inspection to the Planning Board with a copy to the record file of the subdivision. This report shall be signed by the Administrative Officer and Planning Board Engineer.

* Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 11/8/73,12/6/90,11/19/92 and 12/10/92.

* Editor's Note: See Section 10-2 for Indemnification of Town Officers and Employees.

1 For State Law as to the authority of the Town Council, see Gen. Laws, 1956 as amended, Title 45, Chapters 6-1 and 6-2.

2 For State Law as to the authority of the Town Council, see Gen. Laws, 1956 as amended, Title 45, Chapters 6-1 and 6.2.

1 For State Law as to the authority of the Town Council, see Gen. Laws, 1956 as amended, Title 4, Chapter 13.

2 For State Law as to the authority of the Town Council, see Gen. Laws, 1956 as amended, Title 4, Chapters 14,15 and 16.

3 For State Law as to the authority of the Town Council, see Public Laws of 1955, Chapter 3571; see also, General Laws as amended, Chapter 641.

4 For State Law as to the authority of the Town Council, see Gen. Laws, 1956 as amended, Title 4, Chapter 13.

* Editor's Note: The ordinance establishing this chapter was adopted on September 6. 1961. Amendments are noted on sections changed. The traffic ordinance was originally adopted on August 10, 1935; amended June 6, 1938; February 10, 1947; August 12, 1957 and August 11, 1958.

1 For State Law as to the authority of the Town Council. see Public Laws of the State of Rhode Island 1965, Chapter 138.

* Editor's Note: These fees became effective November 10. 1983.

** Editor's Note: Previous ordinances codified herein include Ordinance No. 12/18/86.

* Editors Note: History of Ordinance. This ordinance was originally enacted on April 9, 1957. It was amended on March 9, 1959; April 13, 1964; August 7, 1969; April 23, 1970; January 24, 1974; August 8, 1974; November 7, 1974; June 23,1977; January 18,1979; January 10, 1980; February 19,1981; February 4, 1982: May 20, 1982; March 16, 1983; February 21, 1985; June 5, 1986; February 5, 1987; April 20, 1989; October 24, 1991; February 20, 1992; October 7, 1993; January 6, 1994 and December 8, 1994.

* Editor's Note: Former Section 10-3, Fire Chief and Police Chief/Benefits, previously codified herein and containing portions of Ordinance No. 2/20/92, was repealed in its entirety by Ordinance No. 5/9/96.

* Editor's Note: Chapter XI, Signs and Billboards, was repealed in its entirety on December 10, 1987.

1 For State Law as to the authority of the Town Council, passed January, 1973 Session of the General Assembly, An Act Authorizing the Town of Little Compton to Enact Ordinances Regulating, Controlling, and Licensing Earth Removal.

* Editor's Note: Prior to December 27, 1995, the Town of Little Compton's Rules and Regulations for the Subdivision of Land were set forth in the Little Compton Town Code, Chapter XIII, Subdivision of Land. The Rhode Island Land Development and Subdivision Review Enabling Act of 1992, Section 45-23-52, requires that the Little Compton Planning Board shall adopt or repeal, and provide for the administration, interpretation, and enforcement of land development and subdivision regulations. In accordance with Section 45-23 51, the Town Council on December 21, 1995, empowered the Planning Board to adopt Land Development and Subdivision Review Regulations and thereby repealed Chapter XIII of the Little Compton Town Code. The Subdivision regulations for the Town of Little Compton are now in Appendix C.

* Editor’s Note: Please note the size of each exemption for sections 15-5 and 15-6 above will be based on household income and real estate assessed value in accordance with the schedule as prescribed by the Board of Assessors.

* Editor's Note: Pursuant to a vote taken and approved at the Annual Town Financial Meeting the tax exemption was raised from $75,000.00 to $150,000.00. The current two (2%) percent transfer tax rate will be in effect on amounts between $150,000.00 to $225,000.00. For amounts over $225,000.00 the transfer tax shall be four (4%) percent.

* Editor's Note: The appendix referred to herein may be found at the end of this Act.

*Editor's Note: These provisions shall apply to distributions made after December 31, 2001.

1Editor's Note: Prior to December 27, 1995, the Town of Little Compton's Rules and Regulations for the Subdivision of Land were set forth in Chapter XIII, Subdivision of Land, of the Town's Code of Ordinances. The Rhode Island Land Development and Subdivision Review Enabling Act of 1992, Section 45-23-52, requires that the Little Compton Planning Board shall adopt or repeal, and provide for the administration, interpretation, and enforcement of land development and subdivision regulations. In accordance with Section 45-23-51, the Town Council, on December 21, 1995, empowered the Planning Board to adopt Land Development and Subdivision Review Regulations and thereby repealed Chapter XIII of the Code of Ordinances.

Adopted December 27, 1995. Additional amendments noted where applicable.