For all administrative, minor and major development applications, the approving authorities responsible for land development and subdivision review and approval shall address each of the general purposes stated in §
200-4, and shall make positive findings on the below standard provisions, as part of the record of the proposed project prior to its approval. Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted.
A. The proposed development is consistent with the Comprehensive Plan
and/or has satisfactorily addressed the issues where there may be
inconsistencies;
B. The proposed development is in compliance with the standards and
provisions of the Barrington Zoning Ordinance;
C. There will be no significant negative environmental impacts from
the proposed development as shown on the final plan, with all required
conditions for approval;
D. The proposed development, if a subdivision, 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, unless such lots are identified
as permanent open space or are to be permanently reserved for a public
purpose on the approved recorded plans; and
E. All proposed land developments and all subdivision lots 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.
An applicant may request a waiver and/or modification of a requirement
of these regulations by written request to the Administrative Officer
at time of application, and in no instance less than 10 days prior
to the anticipated date of certification of completeness. If at a
later date, the permitting authority finds a requirement of these
regulations is not met, the applicant shall amend their application
or apply for the necessary waiver and/or modification pursuant to
this section prior to recording.
A. The Planning Board, after a public hearing on the matter, 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 these regulations. Such relief shall be considered prior to the certification of a complete application by the Administrative Officer. Notice of the public hearing shall be provided in accordance with §
200-14. Such waivers and/or modifications shall be granted only where the Board determines that:
(1) The literal enforcement of one or more provisions of these regulations
is impracticable, and will exact undue hardship because of peculiar
conditions pertaining to the land in question; and
(2) 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 the Barrington Zoning Ordinance.
B. In addition to the above criteria, the permitting authority may modify design standards, as contained in Article
IX of these regulations, and required improvements, as contained in Article
X of these regulations, due to special conditions of the land or other features of the development or subdivision, following consultation with the Director of Public Works and a determination by the permitting authority that such modification is not contrary to the intent or purpose of these regulations.
C. The permitting authority may waive requirements for development plan review approval in accordance with §
185-151.1 of the Zoning Ordinance, where there is a change in use or occupancy, and no extensive construction of improvements is sought. The application for a waiver of development plan review approval review shall include documentation, as required by the permitting authority, on prior use of the site, the proposed use and its impact. The waiver may be granted only by a finding by the permitting authority that:
(1) The use will not affect existing drainage, circulation, relationship
of buildings to each other, landscaping, buffering, lighting and other
considerations of development plan approval; and
(2) The existing facilities do not require upgraded or additional site
improvements.
D. The reviewing body shall approve, approve with conditions or deny the request for either a waiver or modification as described in the subsections above. When the action is taken by the Planning Board, it shall be according to the requirements of §
200-37. When the action is taken by the Technical Review Committee, it shall be in accordance with their bylaws as stated in §
200-7C.