A.
Local administration of these regulations shall be under the direction
of the Administrative Officer, who shall report to the Planning Board.
The Administrative Officer, who may be a member of the Planning Board
or an official of the Town, shall be appointed by the Barrington Town
Council. The Town Council may seek the recommendation of the Planning
Board, which shall set the minimum qualifications for the position
of Administrative Officer regarding appropriate education, training
or experience. In the event of a temporary unavailability of the Administrative
Officer, either the Chair or Vice Chair of the Planning Board shall
serve in their capacity.
B.
The Administrative Officer shall be responsible for the following:
(1)
Overseeing and coordinating the review, approval, recording and enforcement
provisions of these regulations.
(2)
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 Planning
Board.
(3)
Approval of various stages of land development projects, subdivisions,
and development plan review in accordance with these regulations.
(4)
Enforcement of these regulations, including coordinating the enforcement
efforts of the Building Official, Planning Board staff, the Town Engineer,
should one be appointed, the Department of Public Works and other
local officials responsible for the enforcement or carrying out of
discrete elements of these regulations.
A.
There is hereby established a committee appointed by the Planning Board, to be known as the "Technical Review Committee (TRC)," which is established in accordance with R.I.G.L. § 45-23-56 to conduct technical reviews of all applications subject to the jurisdiction delegated under this chapter and Chapter 185, Town of Barrington Zoning Ordinance. The TRC shall meet on the second Thursday of each month as needed. All minutes of the TRC shall be in writing and shall be kept as permanent documentation of Committee proceedings.
B.
The TRC shall consist of five full members, including no fewer than
one member of the Planning Board appointed by the Planning Board Chair.
The remaining members shall be appointed by the Planning Board by
means of a majority vote of the Board. These members should consist
of persons who are registered or professionally trained in architecture,
engineering, landscape architecture, historic preservation or an allied
field; and up to one member representing the community at large. The
terms of all members shall be three years. The TRC shall elect from
among its membership a Chair and Vice Chair annually. The TRC shall
also include two alternates to be designated as the first and second
alternate members, appointed by the Planning Board for a term not
to exceed three years.
C.
The Planning Board shall adopt written bylaws for the conduct of
TRC meetings. Participation of three members of the TRC shall constitute
a quorum of the TRC. No action shall be taken unless by the concurring
vote of at least a majority of the members participating on a matter.
D.
The TRC shall provide guidance to an applicant with regard to procedure,
technical requirements, and overall project design.
E.
Review of applications in an advisory capacity.
(1)
The application types listed below shall be reviewed by the TRC in
an advisory capacity with a recommendation to the appropriate permitting
authority.
(a)
Preapplication meetings for applications subject to these regulations;
(b)
Sign permit review pursuant to § 185-94: where a sign application requires a variance and/or special use permit;
(c)
Administrative subdivisions, administrative development plan
review or minor modifications or changes to land development projects,
subdivisions, or development plan review at the request of the Administrative
Officer;
(d)
Minor and development projects and subdivisions subject to a
public hearing;
(e)
Major land development projects and subdivisions, provided that
the TRC reviews the application prior to the Planning Board's
first meeting on the application;
(g)
Other matters referred to the TRC by the Administrative Officer,
Planning Board, Zoning Board or Town Council for advisory review.
(2)
For all such applications the TRC shall conduct its review in accordance
with the procedures and standards set forth in these regulations and
the Zoning Ordinance. When an application has been referred for recommendation
to the TRC by a public body, the TRC shall forward its comments and
recommendations, along with all other essential project information,
at least seven days prior to the public body's first meeting
at which the application is scheduled. In no case shall the recommendations
of the TRC be binding on the applicant unless incorporated by the
permitting authority in its decision.
F.
Full review of and decision on applications.
(1)
For the following application types the TRC shall conduct a full
review and render a decision in accordance with this section and the
procedures and standards set forth in these regulations and the Zoning
Ordinance:
(2)
For all such applications the TRC's decision shall be binding
on the applicant.
Fees in accordance with these regulations shall be set from
time to time by the Town Council, and shall be payable to the Town
of Barrington upon submission of said applications to offset the costs
of review and hearing of applications, issuance of permits and recording
of decisions. The Planning Board shall review the fee schedule on
an annual basis and, if necessary, make a recommendation to the Town
Council regarding any appropriate changes in the fees.
A.
Any violation of these regulations, or of any terms or conditions
of any action imposed by the Planning Board or any other agency or
officer charged in these regulations with enforcement of any of the
provisions, shall be subject to a penalty.
B.
Violation of these regulations shall include any action related to
the transfer or sale of land in an unapproved subdivision. 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 Planning
Board and recorded in the municipal land evidence records, shall be
in violation of these regulations and subject to the penalties described
herein.
C.
Any subdivision of land in violation of the provisions of these regulations
shall be void.
D.
The relocation, rough grading or other improvements, including the
removal of vegetation, to existing unimproved streets, public or private,
in the absence of a plan reviewed and approved by the Planning Board
and bearing its endorsed final acceptance, and subsequently recorded
in the office of the Town Clerk, shall be considered a violation of
these regulations.
E.
The penalty for a violation shall reasonably relate to the seriousness
of the offense, and shall not exceed $500 for each violation, and
each day of existence of any violation shall be deemed to be a separate
offense. The Administrative Officer shall be responsible for setting
the amount of the penalty. Any such penalty shall inure to the Town
of Barrington.
F.
The Town may also cause suit to be brought in the Supreme or Superior
Court, or any municipal court, including a municipal housing court
having jurisdiction in the name of the Town, 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 in the Superior Court.
A.
Electronic copies of these regulations and all appendices, and all
amendments thereto, shall be available to the general public on the
town website, and printed copies and all appendices, and all amendments
thereto, shall be available to the general public in the office of
the Town Clerk, at a reasonable cost.
B.
Upon publication of these regulations and any amendments thereto,
the Town Clerk shall send a copy to the state law library.
Consent agenda items are considered to be routine by the Planning
Board and will be enacted by one motion. The consent agenda may include
administrative matters, items for general discussion, and certain
matters reviewed by the Technical Review Committee and/or Administrative
Officer as indicated below. There will be no separate discussion of
these items unless any member of the Planning Board, Town official
or applicant, at the time of the consideration of the consent agenda
items, requests that an item be removed from the consent agenda. In
this event, the item shall be discussed and voted on by the Planning
Board in the normal course of the agenda.
A.
Applications to be reviewed by TRC and confirmed by Planning Board.
(2)
For all such items the TRC shall conduct the full review. If
an application is approved, with or without conditions, the TRC will
provide written comments and a draft motion to the Planning Board
for vote by consent agenda of the Planning Board. If an item is not
approved by a majority vote of the Committee members, the item shall
be referred to the Planning Board for continued proceedings.
