Waiver of submission requirements authorized.
When the Planning Board makes written findings of fact that there are special circumstances relating to a particular lot proposed to be developed, it may waive portions of the submission requirements, unless this chapter specifically prohibits waivers. For a waiver to be granted, the applicant shall demonstrate that:
A. The performance standards of this chapter have been or will be met;
B. The public health, safety, and welfare are protected; and
C. The waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, this chapter, or these requirements.
Waiver of standards authorized.
When the Planning Board makes written findings of fact that, due to special circumstances of a particular property, the provision of certain required improvements is not required to provide for the public health, safety or welfare or is inappropriate because of inadequate or lacking connecting facilities adjacent to or in proximity of the proposed development, the Planning Board may waive the requirement for such improvements, subject to appropriate conditions, provided that:
A. The waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, this chapter, or these regulations; and
B. The performance standards of this chapter have been or will be met by the proposed development.
Conditions.
Waivers may only be granted in accordance with this subsection. When granting waivers, the Planning Board shall set conditions, as appropriate, so that the purposes of these regulations are met.
Waivers to be shown on final plan.
When the Planning Board grants a waiver to any of the improvements required by these regulations, the final plan, provided to the Planning Department, shall indicate the waivers granted and the date on which they were granted.
