A.
A single-family cluster residential district may be established from time to time within the Residence 40 (R-40) and Residence 25 (R-25) Districts to conform to the general pattern of land use established in the Barrington Comprehensive Plan and to further the purposes set forth in § 185-3 of this chapter. Such districts are designed to:
[Amended 12-4-2023 by Ord. No. 2023-12]
(1)
Encourage the development of harmonious, efficient
and convenient living environments for detached single-family residences.
(2)
Promote variety in density and site design.
(3)
Encourage the protection and preservation of natural
land features.
(4)
Facilitate the economical provision of necessary community
services, recreation and open space.
B.
A single-family cluster residential district may be established by action of the Town Council under the procedures set forth in Article XI for amendment of this chapter and the Zoning Map. Such a district shall be designated as a "Residence 40 Cluster District" (R-40C) when created in a Residence 40 District, and a "Residence 25 Cluster District" (R-25C) when created in a Residence 25 District. These cluster districts will henceforth be referred to as R-40C and R-25C Districts in this article.
The uses of land permitted in R-40C and R-25C Districts shall be those shown as permitted uses in Article IV of this chapter in the R-40 and R-25 Districts, respectively. In addition, the following requirements shall be met:
A.
The area for any site proposed for an R-40C District
must exceed 10 acres, and for an R-25C District must exceed seven
acres.
B.
In each case the site proposed for a cluster development
shall be in an undivided ownership by one person, a corporation or
several persons, or under a group of owners acting jointly to seek
approval.
C.
In any R-40C and R-25C District, all dwelling and
other permitted uses shall be connected to the sewer system of the
Town of Barrington and to the water supply system of the Bristol County
Water Company, or the successor thereto.
Any applicant wishing to establish a single-family
residential cluster district shall submit 12 copies of the proposed
development site plan and accompanying documents as provided in this
section (hereinafter referred to as the "site plan") to the Town Council,
together with an application to amend the Zoning Map. The Town Council
shall refer copies as needed of the site plan to the Barrington Planning
Board for its review. The site plan shall be prepared by a registered
professional engineer, registered land surveyor, registered architect
or registered landscape architect and shall show the following:
A.
The proposed name of the development, its location
by legal descriptions and the names and addresses of the applicant
and designer of the plan.
B.
The plan at a scale of one inch equals 50 feet, the
date, north arrow and contours at two-foot intervals.
C.
The boundary line of the development indicated by
a solid line, and total acreage encompassed thereby, and section and
municipal boundary lines within 200 feet of the development.
D.
Location, widths and names of all existing or prior
platted streets, railroad and utility rights-of-way, and permanent
easements; parks and other public open spaces; and permanent buildings
and structures.
E.
Existing sewers, water mains, culverts and other underground
facilities within the tract, indicating locations, grades, pipe sizes
and maintenance holes.
F.
Location, arrangement and exterior dimensions, including
height, of all proposed buildings, structures and signs.
G.
Location and dimensions of vehicular drives, entrances,
exits and acceleration and deceleration lanes; and pedestrian entrances,
exits and walkways.
H.
Location, arrangement and dimensions of automobile
parking spaces, aisles and bays.
I.
Location and size of proposed water mains, fire hydrants,
recreation facilities and other related improvements.
J.
A drainage plan and typical street cross sections.
K.
Location, height and materials of walls, fences, screen
planting and ground cover; and location and types of exterior lighting.
L.
Existing and proposed finished grades.
M.
A plan showing the steps proposed to be taken to prevent
soil erosion and stream sedimentation during and after construction.
N.
The stages, if any, to be followed in the construction
of the development.
O.
A plan for the development of any contiguous land
owned by the applicant and proposed for future development.
P.
Data as follows:
(1)
The total number of dwellings proposed and the overall
density.
(2)
The percent of the total parcel to be devoted to streets
and roadways.
(3)
The percent of the total parcel to be allocated to
open area, recreation and other common facilities.
(4)
The percent of the total parcel to be covered by structures.
(5)
The location of open area required hereunder, and
a plan (with timetable) for the creation, ownership and maintenance
of the open area.
Q.
A drawing or plan, designating those areas defined
as freshwater wetlands pursuant to Chapter 2-1 of the General Laws
of Rhode Island, 1956, as amended, and those areas within a coastal
zone subject to jurisdiction of the Coastal Resources Management Council
pursuant to Chapter 46-23 of the General Laws of Rhode Island, 1956,
as amended.
R.
Any other data deemed necessary by the Town Council
or the Planning Board.
Any applicant wishing to establish a single-family
residential cluster district shall also submit the following:
A.
A certificate from the Tax Collector of the Town of
Barrington that all taxes due on the land within the development have
been paid for the five years preceding the date of filing, and that
there are no outstanding liens on said land.
B.
Copies of any existing or proposed deed restrictions
or covenant running with the land in the development, including any
with respect to the open area, if any exist or are proposed.
C.
A description of any easements which exist and affect
land within the development and an instrument conveying any easements
to the Town of Barrington which may be required as conditions of approval
of the proposed amendment.
D.
A written agreement or contract to be executed between
the applicant and the Town of Barrington, submitted at least 10 days
prior to the public hearing, stating:
(1)
That in the event of failure of the owners, successors
or assigns to maintain any common open area, recreation areas, landscape
features or other required improvement not dedicated to the Town of
Barrington, the Town may enter into said development and perform such
necessary maintenance work and charge the cost, including attorneys'
fees, to the owner, successors or assigns.
(2)
That the owner or developer will construct the development
and install improvements in accordance with the approved site plan.
(3)
That this contract shall be binding upon the heirs,
assigns, successors or receivers of the applicant and shall constitute
a lien on the property in the development.
(4)
Any other conditions required by the Town Council
upon recommendation of the Barrington Planning Board.
A.
No petition for amendment of this chapter to create
an R-40C or an R-25C District shall be heard by the Town Council until
the site plan materials have been received and reviewed by the Barrington
Planning Board, and the Planning Board has issued a report and recommendations
thereon.
B.
Not more than 90 days after receipt of the site plan,
the Planning Board shall determine whether the proposed development,
in its opinion, satisfies the single-family cluster residential development
standards and criteria of this article and shall notify the Town Council
and the applicant, in writing. Planning Board action may constitute
one of the following:
C.
In reviewing the site plan, the Planning Board may
call upon other municipal or state agencies for assistance, data and
recommendations.
A.
In the event that any application for a cluster development permitted by this article shall also constitute a subdivision within the meaning of the Planning Board regulations, as the same now exist or may hereafter be amended, the action required by the Planning Board under § 185-121 shall constitute preliminary subdivision approval or disapproval, with final subdivision approval being conditioned upon the Town Council having approved the application in the form approved by the Planning Board.
B.
In the event that the Planning Board shall refuse to give preliminary subdivision approval to such application, the applicant shall have all of the rights to appeal therefrom granted to it pursuant to Chapter 200, Subdivision of Land, and the General Laws of Rhode Island. While any such appeal is pending, the Town Council shall take no action on the application. In the event that the applicant shall fail to appeal the denial of preliminary subdivision approval, or if after such appeal the action of the Planning Board in denying the same shall be affirmed with no possibility of further appeal, the application to the Town Council shall be deemed automatically withdrawn, and the Council shall be required to take no further action thereon.
Following receipt of the report and recommendations from the Barrington Planning Board, the Town Council shall schedule a public hearing and proceed with the process prescribed in Article XI for amendment of this chapter and the Zoning Map to create a single-family cluster residential district.
A.
Notwithstanding the filing fee prescribed in Chapter 200, Subdivision of Land, the submission of a proposal for amendment of this chapter to create a single-family residential cluster district shall be accompanied by a filing fee in an amount prescribed from time to time by the Town Council.[1] In addition thereto, the applicant, by filing a petition
for amendment, shall agree to reimburse the Town for all costs incurred
by the Town in the retention of experts or other nonmunicipal consultants
necessary in the sole judgment of the Town acting through its Town
Council and its Planning Board to adequately review the site plan.
B.
Within 30 days of the receipt of any such application,
the Town Manager shall notify the applicant, in writing, of the amount
which they expect the Town will spend in the retention of experts
or other nonmunicipal consultants to review the application. The applicant
shall pay such sum to the Town of Barrington within 10 days of receipt
of notice thereof. Failure by the applicant to make such payment shall
constitute a withdrawal of the application. The Town shall account
to the applicant for all sums expended and, in the event that the
Town shall not spend the sum deposited by the applicant, shall rebate
the unexpended amount to the applicant.
C.
The Town may, from time to time, modify the budget
requirements and require the applicant to provide additional funds
as a precondition to further action by the Town in review of the application.
The maximum number of dwellings to be permitted
in an R-40C or R-25C District shall be computed by multiplying 1.1
times the number obtained by dividing the basic minimum lot size for
the appropriate R-40 or R-25 District into the total land area of
the proposed development parcel, in square feet, adjusted by deducting
the area of environmentally sensitive property. This computation shall
be as follows:
|
U
|
=
|
1.1 x [DA-NA], where:
|
|
LA
| ||
|
U
|
=
|
Number of permitted dwelling units
|
|
DA
|
=
|
Area of proposed development parcel in square
feet
|
|
NA
|
=
|
Area of that part of the development parcel
which is either a freshwater wetland, or a coastal zone subject to
the jurisdiction of the Coastal Resources Management Council, or any
sensitive, fragile or environmentally significant areas as designated
by the Town Council, such as but not limited to wetlands, marshes
and water bodies.
|
|
LA
|
=
|
Basic minimum lot size for the district, as
follows:
|
|
R-40C District - 40,000 square feet
| ||
|
R-25C District - 25,000 square feet
| ||
|
The value of U thus derived shall be rounded
to the nearest whole number.
| ||
The following area and dimensional requirements
shall apply to single-family residential cluster districts:
|
R-40C District
|
R-25C District
| |
|---|---|---|
|
Minimum tract area
|
10 acres
|
7 acres
|
|
Minimum tract frontage at the street line
|
400 feet
|
300 feet
|
|
Minimum depth of front yard for tract
|
50 feet
|
40 feet
|
|
Minimum depth of rear yard for tract
|
60 feet
|
50 feet
|
|
Minimum side yards and setback of structures
from the side lot lines of the tract
|
45 feet
|
35 feet
|
|
Maximum height of principal structure
|
35 feet
|
35 feet
|
|
Maximum height of accessory structure
|
15 feet
|
15 feet
|
|
Maximum tract coverage by all structures (minus
NA as defined above)
|
20 percent
|
25 percent
|
|
Minimum distance between residential structures
|
40 feet
|
30 feet
|
In any R-40C or R-25C District, at least 20%
of the total proposed development parcel area, exclusive of all sensitive,
fragile or environmentally significant areas (as designated by the
Town Council), such as but not limited to wetlands, marshes and bodies
of water, shall be set aside as open area. This open area shall conform
to the following requirements:
A.
The open area may be in one or more parcels of a size,
shape and location determined by the Barrington Planning Board to
be appropriate for the intended use, and if deemed by the Council
to be in the best interest of the Town.
B.
If, in the judgment of the Town Council, the goals
and policies of the Comprehensive Plan call for Town acquisition of
all or a portion of the proposed open area for future public use,
the Council may require that said open area or portion thereof be
conveyed to the Town of Barrington or its designee for that purpose.
[Amended 12-4-2023 by Ord. No. 2023-12]
C.
As an alternative, the proposed open area may be conveyed
to a residents association or other nonprofit group which shall be
responsible for the care of said open area and the operation of any
approved facilities placed thereon. Under these conditions, the proposed
open area shall be protected against future encroachment by the conveyance
to the Town of Barrington, or its designee, of an open area easement
over said open area restricting the area against any future building
or use except where it is consistent with the original intent of preserving
said space. Building or uses for noncommercial recreational or cultural
purposes compatible with the objectives of the open area may be permitted
as set forth in the site plan as approved by the Town Council.
D.
Accesses at least 20 feet in width shall be provided
to each open area parcel from streets or drives within the development.
The location and number of accesses shall be contained in the site
plan approved by the Barrington Planning Board.
E.
Up to 20% of the open area may be devoted to paved
uses or structures used to provide recreational or cultural facilities
for the residents of the area, consistent with the site plan as approved
by the Town Council.
A.
Unless otherwise approved by the Town Council, all streets in an R-40C and R-25C District shall conform to the requirements of Chapter 200, Subdivision of Land, for street construction and design. Driveways and other paved areas intended to remain in private ownership shall be approved as to design and construction by the Barrington Planning Board.
B.
All other requirements of this chapter relating to
off-street parking, signs and others shall be observed.
