A single-family cluster residential district may be established from time to time within the Residence 40 (R-40) and Residence 25 (R-25) Districts to conform to the general pattern of land use established in the Barrington Comprehensive Plan and to further the purposes set forth in § 185-3 of this chapter. Such districts are designed to:

A single-family cluster residential district may be established by action of the Town Council under the procedures set forth in Article XI for amendment of this chapter and the Zoning Map. Such a district shall be designated as a "Residence 40 Cluster District" (R-40C) when created in a Residence 40 District, and a "Residence 25 Cluster District" (R-25C) when created in a Residence 25 District. These cluster districts will henceforth be referred to as R-40C and R-25C Districts in this article.

The area for any site proposed for an R-40C District must exceed 10 acres, and for an R-25C District must exceed seven acres.

In each case the site proposed for a cluster development shall be in an undivided ownership by one person, a corporation or several persons, or under a group of owners acting jointly to seek approval.

In any R-40C and R-25C District, all dwelling and other permitted uses shall be connected to the sewer system of the Town of Barrington and to the water supply system of the Bristol County Water Company, or the successor thereto.

The proposed name of the development, its location by legal descriptions and the names and addresses of the applicant and designer of the plan.

The plan at a scale of one inch equals 50 feet, the date, north arrow and contours at two-foot intervals.

The boundary line of the development indicated by a solid line, and total acreage encompassed thereby, and section and municipal boundary lines within 200 feet of the development.

Location, widths and names of all existing or prior platted streets, railroad and utility rights-of-way, and permanent easements; parks and other public open spaces; and permanent buildings and structures.

Existing sewers, water mains, culverts and other underground facilities within the tract, indicating locations, grades, pipe sizes and maintenance holes.

Location, arrangement and exterior dimensions, including height, of all proposed buildings, structures and signs.

Location and dimensions of vehicular drives, entrances, exits and acceleration and deceleration lanes; and pedestrian entrances, exits and walkways.

Location, arrangement and dimensions of automobile parking spaces, aisles and bays.

Location and size of proposed water mains, fire hydrants, recreation facilities and other related improvements.

A drainage plan and typical street cross sections.

Location, height and materials of walls, fences, screen planting and ground cover; and location and types of exterior lighting.

Existing and proposed finished grades.

A plan showing the steps proposed to be taken to prevent soil erosion and stream sedimentation during and after construction.

The stages, if any, to be followed in the construction of the development.

A plan for the development of any contiguous land owned by the applicant and proposed for future development.

Data as follows:

A drawing or plan, designating those areas defined as freshwater wetlands pursuant to Chapter 2-1 of the General Laws of Rhode Island, 1956, as amended, and those areas within a coastal zone subject to jurisdiction of the Coastal Resources Management Council pursuant to Chapter 46-23 of the General Laws of Rhode Island, 1956, as amended.

Any other data deemed necessary by the Town Council or the Planning Board.

A certificate from the Tax Collector of the Town of Barrington that all taxes due on the land within the development have been paid for the five years preceding the date of filing, and that there are no outstanding liens on said land.

Copies of any existing or proposed deed restrictions or covenant running with the land in the development, including any with respect to the open area, if any exist or are proposed.

A description of any easements which exist and affect land within the development and an instrument conveying any easements to the Town of Barrington which may be required as conditions of approval of the proposed amendment.

A written agreement or contract to be executed between the applicant and the Town of Barrington, submitted at least 10 days prior to the public hearing, stating:

No petition for amendment of this chapter to create an R-40C or an R-25C District shall be heard by the Town Council until the site plan materials have been received and reviewed by the Barrington Planning Board, and the Planning Board has issued a report and recommendations thereon.

Not more than 90 days after receipt of the site plan, the Planning Board shall determine whether the proposed development, in its opinion, satisfies the single-family cluster residential development standards and criteria of this article and shall notify the Town Council and the applicant, in writing. Planning Board action may constitute one of the following:

In reviewing the site plan, the Planning Board may call upon other municipal or state agencies for assistance, data and recommendations.

In the event that any application for a cluster development permitted by this article shall also constitute a subdivision within the meaning of the Planning Board regulations, as the same now exist or may hereafter be amended, the action required by the Planning Board under § 185-121 shall constitute preliminary subdivision approval or disapproval, with final subdivision approval being conditioned upon the Town Council having approved the application in the form approved by the Planning Board.

In the event that the Planning Board shall refuse to give preliminary subdivision approval to such application, the applicant shall have all of the rights to appeal therefrom granted to it pursuant to Chapter 200, Subdivision of Land, and the General Laws of Rhode Island. While any such appeal is pending, the Town Council shall take no action on the application. In the event that the applicant shall fail to appeal the denial of preliminary subdivision approval, or if after such appeal the action of the Planning Board in denying the same shall be affirmed with no possibility of further appeal, the application to the Town Council shall be deemed automatically withdrawn, and the Council shall be required to take no further action thereon.

Notwithstanding the filing fee prescribed in Chapter 200, Subdivision of Land, the submission of a proposal for amendment of this chapter to create a single-family residential cluster district shall be accompanied by a filing fee in an amount prescribed from time to time by the Town Council.[1] In addition thereto, the applicant, by filing a petition for amendment, shall agree to reimburse the Town for all costs incurred by the Town in the retention of experts or other nonmunicipal consultants necessary in the sole judgment of the Town acting through its Town Council and its Planning Board to adequately review the site plan.

Within 30 days of the receipt of any such application, the Town Manager shall notify the applicant, in writing, of the amount which they expect the Town will spend in the retention of experts or other nonmunicipal consultants to review the application. The applicant shall pay such sum to the Town of Barrington within 10 days of receipt of notice thereof. Failure by the applicant to make such payment shall constitute a withdrawal of the application. The Town shall account to the applicant for all sums expended and, in the event that the Town shall not spend the sum deposited by the applicant, shall rebate the unexpended amount to the applicant.

The Town may, from time to time, modify the budget requirements and require the applicant to provide additional funds as a precondition to further action by the Town in review of the application.

The open area may be in one or more parcels of a size, shape and location determined by the Barrington Planning Board to be appropriate for the intended use, and if deemed by the Council to be in the best interest of the Town.

If, in the judgment of the Town Council, the goals and policies of the Comprehensive Plan call for Town acquisition of all or a portion of the proposed open area for future public use, the Council may require that said open area or portion thereof be conveyed to the Town of Barrington or its designee for that purpose.

As an alternative, the proposed open area may be conveyed to a residents association or other nonprofit group which shall be responsible for the care of said open area and the operation of any approved facilities placed thereon. Under these conditions, the proposed open area shall be protected against future encroachment by the conveyance to the Town of Barrington, or its designee, of an open area easement over said open area restricting the area against any future building or use except where it is consistent with the original intent of preserving said space. Building or uses for noncommercial recreational or cultural purposes compatible with the objectives of the open area may be permitted as set forth in the site plan as approved by the Town Council.

Accesses at least 20 feet in width shall be provided to each open area parcel from streets or drives within the development. The location and number of accesses shall be contained in the site plan approved by the Barrington Planning Board.

Up to 20% of the open area may be devoted to paved uses or structures used to provide recreational or cultural facilities for the residents of the area, consistent with the site plan as approved by the Town Council.

Unless otherwise approved by the Town Council, all streets in an R-40C and R-25C District shall conform to the requirements of Chapter 200, Subdivision of Land, for street construction and design. Driveways and other paved areas intended to remain in private ownership shall be approved as to design and construction by the Barrington Planning Board.

All other requirements of this chapter relating to off-street parking, signs and others shall be observed.