401.12.1 Waivers of Certain Submission Requirements Authorized.
Where the Board makes written findings of fact that there are special circumstances of a particular parcel proposed to be subdivided, or that the application is simple and minor in nature, it may waive portions of the submission requirements, unless prohibited by these regulations or Maine statutes, provided the applicant has demonstrated that the performance standards of these regulations and the criteria of the subdivision statute have been or will be met, the public health, safety, and welfare are protected, and provided the waivers do not have the effect of nullifying the intent and purpose of the comprehensive plan, the zoning ordinance, or these regulations.
401.12.2 Waivers of Certain Improvements Authorized.
Where the Board makes written findings of fact that due to special circumstances of a particular lot proposed to be subdivided, the provision of certain required improvements is not requisite to provide for the public health, safety or welfare, or are inappropriate because of inadequate or lacking connecting facilities adjacent to or in proximity of the proposed subdivision, it may waive the requirement for such improvements, subject to appropriate conditions, provided the waivers do not have the effect of nullifying the intent and purpose of the comprehensive plan, the Zoning Ordinance, or these regulations, and further provided the performance standards of these regulations and the criteria of the subdivision statute have been or will be met by the proposed subdivision.
In granting any waivers for required improvements, the Planning Board shall make findings that:
A. The need for a waiver is based on unique circumstances relating to the specific site and development application and that these conditions would not be expected to be encountered elsewhere;
B. The application of the standards is not requisite to public health, safety, and general welfare;
C. The waiver would not qualify for relief granted by the Board of Appeals under Article 9.
D. The granting of the waiver in other situations would not have the effect of amending the Ordinance requirements; and,
E. Appropriate conditions are applied.
401.12.3 Waiver of Procedural Steps
The Board may allow an applicant to combine the final plan and preliminary plan application steps into one procedure, upon making all of the following written findings of fact:
A. No approvals are required from the Maine Department of Environmental Protection under the Site Location of Development Act, Stormwater Law, or Natural Resources Protection Act, other than a “Permit by Rule;”
B. The Board agrees to approve a waiver from the requirement to submit a stormwater management plan and sedimentation and erosion control plan, as ordinarily required by Article 7 or Article 8; and
C. The application contains all other applicable submissions required for both the preliminary and final plan steps, except for those items for which a waiver of a required submission has been requested and granted.
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01.12.4 Conditions for Waivers
Unless otherwise specified in this Ordinance, waivers may only be granted in accordance with Sections 401.12.1, 401.12.2 and 401.12.3 above. When granting waivers, the Board shall set conditions so that the purposes of these regulations are met.
401.12.5 Waivers to be shown on final plan.
When the Board grants a waiver under Section 401.12.2 to any of the improvements required by these regulations, the final plan, to be recorded at the Registry of Deeds, shall indicate the waivers granted and the date on which they were granted.
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