§ 123-43 - Waivers and Substitutions.

§ 123-43 - Waivers and Substitutions.

  1. The Board may grant a waiver of any design requirement or plat standard of this chapter in accordance with the following:
    1. The applicant shall provide a written request for waiver. The request shall indicate the exact section for which the waiver is requested, the extent of the waiver, and the justification.
    2. In evaluating the request, the Board shall not grant the waiver unless it finds, based upon evidence presented to it, that:
      1. granting of the waiver shall not be detrimental to the public health, safety or general welfare;
      2. granting of the waiver shall not, in the opinion of the Board, be injurious to other parties;
      3. granting of the waiver shall not have the effect of nullifying the intent and purpose of this chapter; and
      4. strict compliance with the regulations would cause a hardship to the applicant solely because of the unique physical characteristics of the site (financial hardship shall not be considered); or
      5. the Board determines that granting the waiver would result in substantial public benefit.
    3. A waiver request shall be considered only at or after a noticed public hearing by the Board on the subject application, and at which the waiver request is presented or discussed, so that abutters have an opportunity to be made aware of all waiver requests.
    4. The Board may condition any waiver granted so as to secure the objectives of this chapter.
    5. The request for waiver shall be granted only when a motion to grant the request, duly seconded, is carried by a majority of the members present and voting. If the motion is not carried, the request is denied and no further motion is required. If no action is taken on the waiver request, it shall be deemed to be denied.
  2. In the event that alternative design standards which are independently and scientifically derived are provided to and accepted by the Board, the Board may permit their substitution for the Town design standard. Such substitution shall be permitted at the Board's option only when, in the Board's opinion, the alternative standard would better accomplish the intent of this chapter for this case. Substitution shall require a formal motion of the Board, and the minutes of the meeting should indicate the Board's reasoning for future reference. No waiver is required for design standard substitution.
Waivers and Substitutions.

part number

123-43