[Amended 6-12-1995 by Ord. No. 95-4; 7-10-2000 by Ord. No. 2000-6; 11-13-2000 by Ord. No. 2000-7; 5-16-2006 by Ord. No. 2006-2; 6-4-2007 by Ord. No. 2007-4]
[Amended 12-4-2023 by Ord. No. 2023-12]
A.
This article is enacted pursuant to the provisions
of R.I.G.L. §§ 45-23-50 and 45-24-49 as to development
plan review, and § 45-24-33(12), (19) and (21) as to the
provision of standards for proposed development and circulation systems
for such development.
B.
The enactment of development plan review is designed to achieve the purposes set forth in § 185-3 of this chapter through the review of new developments and alterations to and expansions of existing developments and sites, to ensure the following:
(1)
Development in a manner which is consistent with the
goals and policies of the Barrington Comprehensive Plan.
(2)
Orderly and harmonious development in commercial and
industrial areas, including site and architectural design which is
compatible with adjacent areas, safe and convenient provision of automobile
and pedestrian access and circulation, landscaping and appropriate
signage and lighting.
(3)
Residential development to an extent commensurate
with the availability and capacity of public facilities and services,
including that of the Town roadway system.
(4)
The preservation of important historical and cultural
resources and the consideration of development impacts on valuable
natural resources, including groundwater supplies.
(5)
Project review which is done in an efficient and fair
manner, and which results in the protection and enhancement of property
values, quality of life and the character of the Town, and the mitigation
of negative impacts on both the built and natural environment.
[Amended 12-4-2023 by Ord. No. 2023-12]
No person shall build, alter property, or expand any of the uses requiring development plan review until a written statement of final approval is received from the permitting authority in accordance with this article. The development plan review process will not preclude the need to meet other Town requirements contained within this chapter, and within the Town Subdivision Regulations, as they may apply to a particular development, except that no development that is subject to development plan review shall be classified as a land development project. The development plan review procedure shall not be used to deny an applicant a permitted use of a property as provided in Article IV of this chapter.
[Amended 2-6-2012 by Ord. No. 2012-1; 12-4-2023 by Ord. No. 2023-12]
The following actions shall be subject to design, site and traffic impact review, unless waived in accordance with § 185-151.1:
A.
The exterior physical alteration of a building on a site used for any nonresidential use, including but not limited to commercial, industrial, institutional and educational uses, within a Business, Neighborhood Business, Waterfront Business or Limited Manufacturing District, or the creation of an accessory apartment per Article XXII.
B.
The installation of a private cellular communications antenna array
or private cellular communications tower.
C.
The expansion or construction of any nonresidential
or mixed use, including but not limited to commercial, industrial,
and institutional uses.
D.
The alteration, expansion, or construction of any
nonconforming use in a Residence District.
E.
The addition of pavement or any significant physical
alteration of a site used for commercial, industrial, institutional,
or mixed use within a Business, Neighborhood Business, Waterfront
Business, Recreation and Education District or Limited Manufacturing
District.
F.
Residential development involving parking for 20 or more cars, as required by § 185-78A of this chapter, or any development involving a petition for the establishment of a single-family cluster residential district, as provided by Article XX of this chapter, or any residential development occurring within a Recreation and Education District.
[Amended 12-4-2023 by Ord. No. 2023-12]
The following actions shall be exempted from
development plan review:
A.
Requirements for development plan approval may be
waived where there is a change in use or occupancy and no extensive
construction of improvements is sought. The waiver may be granted
only by a decision by the permitting authority identified in this
article, finding that 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 that the
existing facilities do not require upgraded or additional site improvements.
B.
The application for a waiver of development plan approval
review shall include documentation on prior use of the site, the proposed
use, and its impact.
[Amended 2-6-2012 by Ord. No. 2012-1; 12-4-2023 by Ord. No. 2023-12]
A.
All applications filed with the Building Official which meet any of the above criteria for uses subject to development plan review shall be forwarded to the Administrative Officer. A determination will also be made, by the Administrative Officer, of the applicability of this article to all proposals submitted for Planning Board review under the Land Development and Subdivision Regulations, § 200-1 et seq., Subdivision of Land. In both cases, the applicant shall be notified of the additional review required by this article and the application materials to be submitted according to the Land Development and Subdivision Regulations, § 200-1 et seq.
B.
The following review process shall be followed where
applicable:
(1)
Where a proposed use or development also involves a request for a variance or a special use permit, under the provisions of Article XIII and Article XIV of this chapter, respectively, or a subdivision under the provisions of Chapter 200, the Land Development and Subdivision Regulations, the granting of approval shall be reviewed by the Planning Board under the unified development plan review process as defined in § 185-5.
(2)
Applications under this article which require relief which qualifies only as a modification shall proceed by filing an application and a request for a modification to the Building Official in accordance with § 185-40. If such modification is granted the application shall then proceed to be reviewed by the designated permitting authority as determined in this article. If the modification is denied or an objection is received as set forth in § 185-40B, such application shall proceed under unified development review and be reviewed by the Planning Board.
[Amended 12-4-2023 by Ord. No. 2023-12]
Applications procedures shall be established by the Planning Board in the Barrington Land Development and Subdivision Regulations, § 200-1 et seq.
[Amended 2-6-2012 by Ord. No. 2012-1; 12-4-2023 by Ord. No. 2023-12]
A.
Following receipt of all properly completed development plan review applications, the Administrative Officer shall refer the application to the Technical Review Committee (TRC) as established by the Planning Board in § 200-7 of the Subdivision Regulations.
B.
The Technical Review Committee will review the application
material and all relevant comments, may inspect the site or building
and may consult with appropriate specialists or state agencies. The
Technical Review Committee shall have the ability to request that
an applicant provide additional material as is necessary to meet the
requirements or intent of this article. Review by the Technical Review
Committee shall be completed as soon as practical.
C.
The Technical Review Committee shall take action on
the development plan review application as described below.
(1)
For applications submitted under § 185-151A or B, where the use is permitted as of right, the TRC shall take final action on the application in accordance with § 185-155 and either approve the application, with or without conditions, or deny the application. The TRC's decision shall be advisory only to the Zoning Board in regards to any special use permit or variance also required for the development proposal and shall not constitute a final decision.
(2)
For applications submitted under § 185-151B, where the use is permitted by special use permit, § 185-151C, D, E, or F, one of the following:
(a)
A recommendation to the Planning Board that
the application be approved, subject to the granting, if necessary,
of any approvals from the Zoning Board of Review.
(b)
A recommendation to the Planning Board that
the application be approved, subject to modifications or conditions,
and the granting, if necessary, of any approvals from the Zoning Board
of Review.
(c)
Referral of the application to the Planning
Board, with a recommendation for additional information, modifications
to the application and/or provision of additional conditions or amenities.
D.
A development plan review application filed in accordance with § 185-151C, D, E or F shall not be considered complete for purposes of Planning Board review until the Technical Review Committee completes its review of the application and votes to forward the application to the Planning Board with its recommendation(s).
[Amended 12-4-2023 by Ord. No. 2023-12]
Applications shall be classified as either Formal or Administrative.
[Amended 12-4-2023 by Ord. No. 2023-12]
An appeal to the Superior Court may be taken
by any person aggrieved by any final decision of the permitting authority.
Such appeal must be filed within 20 days of the recording of the decision.
[Amended 12-4-2023 by Ord. No. 2023-12]
[Amended 12-4-2023 by Ord. No. 2023-12]
A.
In reviewing an application submitted under the provisions
of this article, the permitting authority shall apply the following
general standards for approval, where applicable:
(1)
Development which is consistent with the goals and
policies of the Barrington Comprehensive Plan.
(2)
Design which preserves the distinguishing original
qualities of a building, structure or site and its environment.
(3)
New development and landscaping which is compatible
with the building and site characteristics of surrounding development.
(4)
New development which is served with an adequate means
of water supply, sewage disposal and drainage.
(5)
Design which maximizes the safety and convenience
of vehicular and pedestrian movement within the site and in relation
to access streets and adjoining bicycle routes and walkways.
(6)
Design which shows adequate measures to prevent pollution
of surface water or groundwater and provides for the protection of
unique or important natural, historic or scenic features; and development
which minimizes use of wetlands and floodplains and tree and vegetation
removal.
B.
All applications subject to this article shall also conform to such standards as may be adopted from time to time by the Barrington Planning Board, in addition to those contained in the Barrington Land Development and Subdivision Regulations, § 200-1 et seq, unless a waiver or modification therefrom is received in accordance with the Land Development and Subdivision Regulations, § 200-1 et seq.
[Amended 12-4-2023 by Ord. No. 2023-12]
The Planning Board shall incorporate building design, site design, circulation and traffic control standards in the Barrington Land Development and Subdivision Regulations to be applied as part of the development plan review as applicable. The permitting authority may grant waivers and modifications as specified in the Land Development and Subdivision Regulations, § 200-1 et seq.
A.
In reviewing an application submitted under § 185-151 which also involves, adjoins or is within 200 feet of an historic property which is listed on the National and State Registers of Historic Places, the Technical Review Committee and/or the Planning Board shall apply the following historic building and site standards:
(1)
The original characteristics, materials and setting
of the historic structure shall be retained wherever possible.
(2)
New elements should be compatible with the original
in design, material, color, texture and other visual qualities.
(3)
Facade proportions, including window and door placement,
and the original roof shape, pitch and detail, shall be maintained.
(4)
Exterior details such as siding, corner boards, cornice,
brackets, lintels and window and door styles should be retained, repaired
or replaced in kind.
(5)
Additions or new construction should be compatible
with the design of the original structure and/or with the style and
character of the historic district.
(6)
The style, scale, height, facade and materials of
new buildings within an historic district should be compatible with
those of the original buildings within the district.
(7)
The setback pattern, building orientation and spacing
patterns of new buildings within an historic district should match
those of the original buildings within the district.
(8)
Landscaping and site treatment should be done in a
manner compatible with the historic setting.
B.
The Planning Board may also refer to the Secretary
of the Interior's Standards for Rehabilitation as they apply to existing
historic buildings, building sites and historic districts; these include
guidelines for all exterior building features, site features and streetscape
and/or landscape features.
[Amended 2-6-2012 by Ord. No. 2012-1; 12-4-2023 by Ord. No. 2023-12]
A.
Following final approval of a development plan review
application by the permitting authority, the applicant shall submit
two copies of all final plans and two copies of all other materials,
with the exception of sign details, revised to show all approved changes.
The permitting authority shall record the decision and final plans
with the Town Clerk.
B.
No building permit shall be issued by the Building
Official to construct or alter any structure or develop or alter any
site for those uses requiring development plan review, except in accordance
with the approved plan. The approved plan and other requirements shall
become part of the application for a building permit and shall be
binding on any building permit issued.
[Amended 12-4-2023 by Ord. No. 2023-12]
Any building or site plan approved under the development plan review process may be revised or modified, if done in accordance with the procedures contained in the Land Development and Subdivision Regulations, § 200-1 et seq. Minor changes, as specified in the Land Development and Subdivision Regulations, § 200-1 et seq., may be approved by the Administrative Officer, in conjunction with the Building Official, and/or the Public Works Director. Changes of a substantial nature may require submittal of the project as a new application.
[Amended 12-4-2023 by Ord. No. 2023-12]
A recorded development plan review approval
of a building or site plan shall remain effective for the period of
one year from the date of such recording. The issuance of a building
permit or commencement of the use of the site will constitute adequate
efforts to develop in accordance with the approved plan. If a building
permit has not been issued, or has been suspended, or the use of the
site has not commenced within one year, an extension may be approved
by the permitting authority, following a written request from the
applicant explaining the reasons for the delay in undertaking development.
The extension shall not be granted more than once if a change to the
development regulations that might affect the design of the building
or site plans has transpired.
All plans and specifications approved by the Planning Board under this article shall be implemented accordingly. The enforcement of the requirements of the building permit issued, and the establishment of penalties for violation, shall be done in accordance with Article X of this chapter. The Building Official shall institute the appropriate action as a result of either failure to comply with, or a violation of, the plans for development as approved.
