SECTION VIII. - WAIVERS AND MODIFICATIONS

A. - Reserved.#

B. - Waiver or modification of regulations.#

1.

The planning board shall have the authority to waive or modify one or more of the requirements for subdivision or land development approval contained in these regulations if the planning board finds that:

a.

The waiver or modification is reasonable and within the general purposes and intents of these regulations; and

b.

Literal enforcement of the regulation is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question; or waiver or modification of the regulation is in the best interest of good planning practice or design as evidenced by consistency with the comprehensive community plan and the zoning ordinance.

2.

Provided, however, that the planning board shall have no authority to waive or modify the minimum lot dimensional regulations required by the Town of Narragansett zoning ordinance.

C. - Reinstatement of applications.#

1.

When an applicant has exceeded a deadline established for any stage by these regulations for submission of material for a subdivision or land development, thereby rendering a previously granted approval invalid, the application may be reinstated by the planning board under the following conditions:

a.

The subdivision is consistent with the comprehensive community plan;

b.

The subdivision regulations are substantially the same as they were at the time of original approval;

c.

The zoning of the subdivision parcel is substantially the same as it was at the time of original approval;

d.

Physical conditions on the subdivision parcel are substantially the same as they were at the time of original approval; and

e.

Any applicable state or federal regulations are substantially the same as they were at the time of original approval.

2.

Application for reinstatement of a previously approved subdivision shall be made to the planning board in writing by the subdivider. The planning board, in approving or denying the request for an extension, shall make findings of fact which shall be made part of the record.

D. - Decisions on waivers and modifications.#

1.

The planning board shall approve, approve with conditions, or deny a request for a waiver or modification by the following procedure:

a.

The planning board's decision shall be made within 45 days of the date the request for the waiver or modification was first considered by the planning board, unless the applicant waives that deadline.

b.

The planning board's decision shall be in writing, and shall contain findings of fact addressing the conditions contained in section VIII.B.1.