Any applicant intending to undertake a project in the Town of
Barrington subject to these regulations shall file an appropriate
application with the Administrative Officer. The Administrative Officer
shall advise the applicant as to which category of approval is required
for a project and the submission requirements and review procedures
according to the classification of the application. One project shall
not be required to undergo review for both a land development project
and development plan review. The following categories of applications
may be filed:
A.
An application shall contain all data and accompanying material as
specified in the submission requirements in the appropriate article
of these regulations. It shall be considered complete for purposes
of commencing the applicable time period for action when so certified
by the Administrative Officer. Every certification of completeness
required by this chapter shall be in writing. In the event such certification
of the application is not made within the time specified in these
regulations 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 these
regulations, and the Administrative Officer has notified the applicant,
in writing, of the deficiencies in the application.
B.
Notwithstanding Subsection A above, the permitting authority may subsequently require correction of any information found to be in error, or the submission of additional information specified in the regulations but not required by the Administrative Officer prior to the certification of completeness, as is necessary to make an informed decision.
C.
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 permitting authority
determines that the required application information is complete.
A.
One or more preapplication meetings shall be held for with the Technical
Review Committee for all applications subject to these regulations.
Preapplication meetings may also be held with other officials, upon
request of either the Town or the applicant. Preapplication meetings
shall allow the applicant to meet with appropriate Town officials,
boards and/or commissions, planning staff and, where appropriate,
state agency representatives for advice as to the required steps in
the approval process and the pertinent local plans, ordinances, regulations,
standards, rules and procedures which may bear upon the proposed development
project.
B.
Preapplication meetings shall aim to encourage information sharing
and discussion of project concepts among the participants. Preapplication
discussions are intended for the guidance of the applicant and shall
not be considered approval of a project or its elements.
C.
At the preapplication stage the applicant may request the Planning
Board or the Technical Review Committee for an informal concept plan
review for the proposed development. The purpose of the concept plan
review is to provide Planning Board or Technical Review Committee
input in the formative stages of a land development or subdivision
project concept design.
D.
Applicants shall submit materials in advance of the preapplication
meeting(s) with the Technical Review Committee as required in Attachment
1[1] of these regulations.
[1]
Editor's Note: Attachment 1 is included at the end of this chapter.
A.
A public hearing shall be required for any major land development
or subdivision project, or for any minor land development or subdivision
project involving the extension or creation of a street.
B.
Public notice of the hearing shall be given at least 14 days prior
to the date of the hearing in a newspaper of local circulation within
the Town of Barrington. The same notice shall be posted in the Barrington
Town Clerk's office and one other municipal building in Barrington
and the notice must be accessible on the home page of the Town of
Barrington website at least 14 days prior to the hearing. Notice of
the time and place of the hearing shall also be sent, not less than
10 days prior to the date of the hearing, to the following:
(1)
The applicant and each abutting property owner by first-class mail
and all other property owners within 200 feet of the perimeter of
the subject property, by regular mail. If a public hearing on an application
is continued to a date which is not certain, notice shall be given
to all property owners by regular mail not less than 10 days prior
to the date at which the public hearing is continued. Notice shall
also be sent to any individual or entity holding a recorded conservation
or preservation restriction on the property that is the subject of
the application at least 14 days prior to the hearing.
(2)
The city or town planning board of any municipality where there is
a public or quasipublic water source, or private water source that
is used or is suitable for use as a public water source, located within
2,000 feet of any real property that is the subject of the proposed
land development or subdivision project, by first-class mail.
(3)
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, or groundwater resource, that is used or is suitable for use as a public water source, located within 2,000 feet of any real property that is the subject of the proposed land development or subdivision project, by first-class mail, provided however, that a map survey has been filed with the Building Official as specified in § 185-49D of the Barrington Zoning Ordinance.
(4)
The Administrative Officer of an adjacent municipality if the notice
area extends into the adjacent municipality; the development site
extends into the adjacent municipality; or there is a potential for
significant negative impact on the adjacent municipality.
C.
Said 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 of a mile.
D.
The cost of all such notice shall be borne by the applicant.
Where an applicant requires both approval under these regulations
and approval from the Barrington Town Council 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 permitting authority 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 permitting authority for subsequent required approvals.
A.
In addition to the application fees, as set forth in Chapter A225 of this Code, all applications involving commercial site development and all major subdivisions shall be subject to a project review fee. The purpose of the project review fee shall be to engage the services of outside experts to assist the permitting authority in evaluating proposed developments and to ensure compliance with all relevant state and local regulations. Consultants the permitting authority may engage include engineers, biologists, scientists, planners, landscape architects, architects or other appropriate professionals. Assistance provided by the consultants may include, but not be limited to, review of plans, drawings, specifications and/or supporting documentation in the area of professional expertise; performing independent analysis relating to drainage, traffic or potential project impacts; monitoring or inspecting a project or site for compliance with the permitting authority's decision or with applicable regulations; and inspecting completed improvements.
B.
The permitting authority may waive the project review fee if, in
the judgment of the permitting authority, the scale or potential impacts
of a proposed development do not merit outside review. The permitting
authority will determine if a proposed development qualifies for a
waiver of the project review fee based upon its own analysis of the
development's complexity or upon the input of the Technical Review
Committee, as applicable.
C.
Prior to the decision by the permitting authority at each phase of
review, the permitting authority shall decide upon either assignment
or waiver of the project review fee. Waiver by the permitting authority
of the project review fee at any phase in the development shall in
no way restrict the permitting authority from assigning the fee at
a later phase.
D.
Applications for business signage and for commercial development involving only changes to an existing building are exempt from the provisions of this section. Applications for multi-unit elderly housing developments occurring under the provisions of Article XXI of the Zoning Ordinance shall be subject to the assignment of the project review fee.
E.
The applicant shall cover the actual cost of all professional peer
review fees plus a 10% administrative fee to the Town of Barrington.
F.
All project review funds shall be kept in an escrow account established
by the Town Treasurer. Outside consultants retained by the permitting
authority to assist in the review of given applications shall be paid
from this account. All such fees not expended by the Town for project
reviews shall be returned to the applicant within 30 days after the
permitting authority renders its final decision on the application.
G.
No final plat/approved land development project/approved development
plan review plan shall be signed or recorded until all required fees
have been paid by the applicant to the Town of Barrington.
