§ 45-23-62 - Procedure – Waivers – Modifications and reinstatement of plans.
SECTION 45-23-62
§ 45-23-62 Procedure – Waivers –Modifications and reinstatement of plans. – (1) A planning board may waive requirements for development plan approval wherethere is a change in use or occupancy and no extensive construction ofimprovements is sought. The waiver may be granted only by a decision by theplanning board finding that the use will not affect existing drainage,circulation, relationship of buildings to each other, landscaping, buffering,lighting and other considerations of development plan approval, and that theexisting facilities do not require upgraded or additional site improvements.
(2) The application for a waiver of development plan approvalreview shall include documentation, as required by the planning board, on prioruse of the site, the proposed use, and its impact.
(b) Waiver and/or modification of requirements. Theplanning board has the power to grant waivers and/or modifications from therequirements for land development and subdivision approval as may be reasonableand within the general purposes and intents of the provisions for localregulations. The only grounds for waivers and/or modifications are where theliteral enforcement of one or more provisions of the regulations isimpracticable and will exact undue hardship because of peculiar conditionspertaining to the land in question or where waiver and/or modification is inthe best interest of good planning practice and/or design as evidenced byconsistency with the municipality's comprehensive plan and zoning ordinance.
(c) Local regulations shall include provisions forreinstatement of development applications when the deadlines set in the localregulations and approval agreements for particular actions are exceeded and thedevelopment application or approval is therefore rendered invalid. Where anapproval has expired, the local regulations shall specify the point in thereview to which the application may be reinstated.
(d) Decision. The planning board shall approve,approve with conditions or deny the request for either a waiver or modificationas described in subsection (a) or (b) in this section, according to therequirements of § 45-23-63.