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.
A.
All records of the Planning Board proceedings and decisions shall
be written and kept permanently available for public review. Completed
applications for proposed land development and subdivision projects
under review by the Planning Board shall be available for public review.
B.
All final written comments to the Planning Board from the Administrative
Officer, the Technical Review Committee, municipal departments and
local boards and commissions and state and federal agencies shall
be part of the permanent record of the development application.
C.
All votes of the Planning Board shall be made part of the permanent
record and shall show the members present and their votes. A decision
by the Planning Board to approve any land development or subdivision
application shall require a vote for approval by a majority of the
current Planning Board membership.
D.
Participation in a Planning Board meeting or other proceedings by
any party shall not be a cause for civil action or liability except
for acts not in good faith, intentional misconduct, knowing violation
of law, transactions where there is an improper personal benefit,
or malicious, wanton or willful misconduct.
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:
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.
A.
When an applicant has exceeded a deadline established by these regulations for submission of material at any stage of review for an application subject to these regulations, or for signature and recording of plans and plats following final approval under the provisions of § 200-40 below, thereby rendering an application or any previous approval invalid, the application may be reinstated by the permitting authority under the following conditions:
(1)
The content of these regulations, and of all other local, state or
federal regulations or guidelines applicable to the project, are substantially
the same as at the time of the previous approval;
(2)
The zoning designation of the proposed development parcel has remained
the same;
(3)
The physical conditions of the proposed development parcel are substantially
the same as at the time of the previous approval; and
(4)
The proposed development is consistent with the Comprehensive Plan,
including all amendments thereto.
B.
Any applicant or developer seeking reinstatement of a previously
approved development application for which the approval has expired,
shall make such a request in writing to the permitting authority within
one year of expiration of approval and pay the required fee to initiate
consideration of reinstatement by the permitting authority.
A.
Before the final plat/approved land development project plan/approved
development plan review plan is recorded, all specific changes, conditions
or other requirements of the permitting authority shall be met. Endorsement
will be withheld until said changes or conditions are made or satisfied.
Where certain conditions are to become a restriction on any feature
or lot of the development or subdivision, this restriction shall be
printed upon the copies of the final plat/approved land development
project plan/approved development plan review plan.
B.
The applicant shall provide the Administrative Officer with five
full size (no larger than 24 inches by 36 inches) copies of the final
plat/approved land development project plan/approved development plan
review plan, one of which shall be on Mylar. All approved final plans
and plats for land development and subdivision projects shall be signed
by the appropriate Planning Board official, attesting to the approval
with the date of said approval. Plans and plats for major land development
and subdivision projects shall be signed by either the Planning Board
Chair or the Secretary of the Planning Board. All minor land development
or subdivision plans and plats, and all administrative plats, shall
be signed by the Administrative Officer. Upon signature, the five
copies be distributed as follows:
(1)
The Mylar copy shall be recorded in the office of the Town Clerk.
The material to be recorded for all final plans and plats shall also
include all pertinent plans with notes thereon concerning all essential
aspects of the approved project design, the implementation schedule,
special conditions placed on the development by the Town, permits
and agreements with state and federal reviewing agencies, and other
information as required by the permitting authority.
(2)
One copy shall be returned to the applicant.
(3)
One copy shall be forwarded to the Building Official.
(4)
One copy, including any applicable contour plan and the street plans,
profiles and cross sections shall be submitted to the Director of
the Department of Public Works.
(5)
One copy of the entire final approved set of drawings, as well as
other parts of the application record for all land development and
subdivision projects, including all meeting records, approved master
and preliminary plans, site analyses, impact analyses, all legal agreements
and records of the public hearing, shall be kept permanently in the
records of the permitting authority.
C.
No permit for the construction or development of any structure or
facility on any lot or parcel subject to land development project
approval, development plan review or a subdivision shall be issued
by the Building Official until the plan or plat of said development
or subdivision has been approved by the permitting authority and recorded
in the Office of the Town Clerk.
D.
The Administrative Officer shall notify the statewide "911" emergency
authority and the local police and fire authorities servicing any
new development or plat, with the information required by each of
the authorities.
A.
An applicant may request a change to an approved plan by submitting
to the Administrative Officer a letter detailing the requested change
and pay the required fee.
B.
For all changes to the recorded final plat/approved land development project plan/approved development plan review plan, an amendment of the final plat/approved land development project plan/approved development plan review plan is required prior to the issuance of any building permit for construction on the subject property. Any changes approved in the final plat/approved land development project plan/approved development plan review plan shall be recorded as amendments to the final plat/approved land development project plan/approved development plan review plan, in accordance with the procedure established for recording of plans and plats in § 200-40.
C.
Minor changes. Minor changes to a land development project, development
plan review or subdivision approved at any stage may be approved administratively,
in writing by the Administrative Officer. The changes may be authorized
without additional public meetings, at the discretion of the Administrative
Officer. All changes shall be made part of the permanent record of
the project application. The Administrative Officer may request a
recommendation from either the Technical Review Committee, if established,
or the Planning Board regarding any proposed minor change. Denial
of a proposed minor change shall, at the request of the applicant,
be referred to the permitting authority for review as a major change.
For the purposes of these regulations, a minor change shall be limited
to the following:
(1)
Amendments to grading plans or drainage plans which are acceptable
to the Director of the Department of Public Works and which do not
require approval of any state or federal agency;
(2)
Amendments to utility plans which are acceptable to the Director
of the Department of Public Works, or to the appropriate utility company;
(3)
Changes which are required by a state permitting agency, such as the Department of Environmental Management, the Coastal Resources Management Council, the Department of Transportation, or any other outside agency having jurisdiction over the project, provided said change does not qualify as a major change per Subsection D below; or
(4)
Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided or otherwise developed, which are acceptable to the Director of Public Works, Administrative Officer and the Fire Chief, and which are not a major change as described per Subsection D below.
D.
Major changes. Major changes to a land development project, development plan review or subdivision approved at any stage may be approved only by the permitting authority, and must follow the same review and public hearing process required for approval of preliminary plan, which shall include a public hearing in accordance with § 200-14. For the purposes of these regulations, a major change shall include, but not necessarily be limited to the following:
(1)
Changes in lot boundaries and areas;
(2)
Changes which would result in the creation of additional lots or
dwelling units in a development;
(3)
Changes in the dimensions or configuration of a proposed street or
street system;
(4)
Changes which would involve the installation of utilities, water
lines, sewers and/or drainage systems to service a larger area;
(5)
Changes which would require the issuance of a variance or special
use permit;
(6)
Changes which may have significant negative impacts on abutting property
or property in the vicinity of the proposed subdivision or land development
project; or
(7)
Any change not listed as a minor change.
E.
The Administrative Officer shall notify the applicant in writing
within 14 days of submission of request to change an approved plan
if the Administrative Officer determines the change to be a major
change.
