Any party aggrieved by a decision of the Planning Board or of the Administrative Officer, on matters of review and approval of land development and subdivision projects, may appeal such decision.
A. 
Decisions by the Administrative Officer approving or denying projects under Article VI, VII or XVIII shall not be subject to this section and shall proceed directly to Superior Court as set forth in § 200-67.
B. 
An appeal to the Board of Appeal from a decision or action of the Administrative Officer may be taken by an aggrieved party. The appeal must be taken within 20 days after the decision has been recorded and posted in the office of the Town Clerk.
(1) 
The appeal shall be in writing and shall state clearly and unambiguously the issue or decision which is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be sent by certified mail, with a return receipt requested, or shall be hand delivered to the Board of Appeal.
(2) 
Upon receipt of an appeal under these regulations, the Board of Appeal shall require the Administrative Officer to transmit forthwith to the Board of Appeal, all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.
C. 
An appeal under this section shall stay all proceedings in furtherance of the action being appealed.
A. 
The Board of Appeal shall hold a public hearing on the appeal within 45 days of the receipt of the appeal, giving public notice thereof, as well as due notice to the parties of interest. At the public hearing, any party may appear in person or may be represented by an agent or attorney. The Board of Appeal shall render a decision within 10 days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the appellant.
B. 
The Board of Appeal shall only hear appeals of the actions of the Administrative Officer at a meeting called especially for the purpose of hearing such appeals, and which has been so advertised. The hearing, which may be held on the same date and at the same place as a regularly scheduled meeting of the Zoning Board of Review, must be held as a separate meeting from any such regularly scheduled Zoning Board of Review meeting. Separate minutes and records of votes shall be maintained by the Board of Appeal.
C. 
The Board of Appeal shall keep complete records of all proceedings, including a record of all votes taken, and shall put all decisions on appeals in writing. The Board of Appeal shall include the reasons for each decision in the written record.
A. 
When reviewing a decision of the Administrative Officer on matters subject to these regulations, the Board of Appeal shall not substitute its own judgment for that of the Administrative Officer, but must consider the issue upon the findings and record of the Administrative Officer. The Zoning Board shall not reverse a decision of the Administrative Officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.
B. 
The concurring vote of three of the five members of the Board of Appeal sitting at a hearing shall be necessary to reverse any decision of the Administrative Officer.
C. 
Where the Board of Appeal overturns a decision of the Administrative Officer, the proposed project application shall be remanded to the Administrative Officer at the stage of processing from which the appeal was taken, for further proceedings before the Administrative Officer and/or for the final disposition, which shall be consistent with the decision of the Board of Appeal.
A. 
An aggrieved party may appeal a decision of the Board of Appeal, a decision of the Administrative Officer approving or denying a stage of review under Articles VI, VII or XVIII, a decision of the Technical Review Committee, where authorized to approve or deny an application, or a decision of the Planning Board to the Superior Court by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the Town Clerk. Recommendations by any public body or officer under this chapter are not appealable under this section. The permitting authority shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the Clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such applicant or appellant and the Planning Board shall be made parties to the proceedings. No responsive pleading is required for an appeal filed pursuant to this section. The appeal shall not stay proceedings upon the decision appealed from, but the Court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.
B. 
An appeal of an amendment of these regulations may be taken to the Superior Court by filing a complaint within 30 days after such amendment has become effective. The appeal may be taken by any legal resident or landowner of the Town of Barrington, or by any association of residents or landowners of the Town. The appeal shall not stay the enforcement of these regulations as amended, but the Court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal. The complaint shall set forth with specificity the area or areas in which the amendment is not consistent with the Comprehensive Planning Act, Title 45 Chapter 22.2 of the General Laws of Rhode Island; the Zoning Enabling Act of 1991, Title 45 Chapter 45 of the General Laws of Rhode Island; the Barrington Comprehensive Plan; or the Barrington Zoning Ordinance.