US Lawyer Database

Section 45-23-70. – Appeals — Standards of review.

§ 45-23-70. Appeals — Standards of review. (a) As established by this chapter, in instances of a board of appeal’s review of a planning board or administrative officer’s decision on matters subject to this chapter, the board of appeal shall not substitute its own judgment for that of the planning board or the administrative officer […]

Section 45-23-71. – Appeals to the superior court.

§ 45-23-71. Appeals to the superior court. (a) An aggrieved party may appeal a decision of the board of appeal, to the superior court for the county in which the municipality is situated by filing a complaint stating the reasons of appeal within twenty (20) days after the decision has been recorded and posted in […]

Section 45-23-74. – Severability.

§ 45-23-74. Severability. If any provision of this chapter or of any rule, regulation or determination made under this chapter, or the application of the provisions to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the […]

Section 45-23-69. – Appeals — Public hearing.

§ 45-23-69. Appeals — Public hearing. (a) The board of appeal shall hold a public hearing on the appeal within forty-five (45) days of the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of interest. At the hearing any party may appear in person, or […]

Section 45-23-59. – Administration — Violations and penalties.

§ 45-23-59. Administration — Violations and penalties. (a) Local regulations adopted pursuant to this chapter shall provide for a penalty for any violation of the local regulations, or for a violation of any terms or conditions of any action imposed by the planning board or of any other agency or officer charged in the regulations […]

Section 45-23-60. – Procedure — Required findings.

§ 45-23-60. Procedure — Required findings. (a) All local regulations shall require that for all administrative, minor, and major development applications the approving authorities responsible for land development and subdivision review and approval shall address each of the general purposes stated in § 45-23-30 and make positive findings on the following standard provisions, as part […]

Section 45-23-61. – Procedure — Precedence of approvals between planning board and other local permitting authorities.

§ 45-23-61. Procedure — Precedence of approvals between planning board and other local permitting authorities. (a) Zoning board. (1) Where an applicant requires both a variance from the local zoning ordinance and planning board approval, and the application is not undergoing unified development review pursuant to § 45-23-50.1 and the local zoning ordinance, the applicant […]