Waivers and Modifications

Land Development and Subdivision Review Regulations Town of Smithfield, RI Council of all such Improvements and shall transmit such recommendation to the Town Council in writing. In such recommendation for acceptance by the Town Council, the Planning Board shall also recommend an amount for a maintenance bond in accordance with these Regulations and shall recommend to the Town Council that no public improvements or facilities be accepted for ownership and maintenance until such maintenance bond has been submitted as required herein.

1. Upon their acceptance by the Town Council, and recording of the deeds with the Town Clerk's Office, all improvements shall be permanently owned and maintained by the Town as part of the municipal system and the developer shall no longer be responsible for their care, repair, or maintenance.
2. Signature and recording of the final plat in accordance with these Regulations shall constitute the acceptance by the Town of any street or other public improvement or other land intended for dedication. Final plan approval shall not impose any duty upon the Town to maintain or improve those dedicated areas until the Town Council accepts the completed public improvements as constructed in compliance with the final plans.

ARTICLE C WAIVERS AND MODIFICATIONS.

1. 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:
      1. The waiver or modification is reasonable and within the general purposes and intents of these Regulations; and
      2. 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; and
      3. The waiver does not reduce the standard below the requirements of the Smithfield Zoning Ordinance.
2. Decision on Waivers and Modifications. The Planning Board shall approve, approve with conditions, or deny a request for a waiver or modification by a decision in writing which shall contain findings of fact addressing the conditions contained in Article C-1 of this Section.

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