A. Waiver of submission requirements.
The Director of Planning or designee may waive any of the submission requirements of §
120-811 based upon a written request by the applicant. Such request shall be submitted at the time of the preapplication conference for minor developments or as part of the sketch plan application for major developments. A waiver of any submission requirement may be granted if the Director of Planning finds that the information is not required to determine compliance with the standards and criteria of this chapter.
B. Waiver of site plan performance standards.
The Planning Board may waive the requirements of §
120-812 if it finds that extraordinary and unnecessary hardships, not self-imposed, may result from strict compliance with the site plan review standards. In all cases, waivers shall not be deemed a right of the applicant, but rather shall be granted at the discretion of the Planning Board.
(1) Procedure. The applicant shall submit a list of the requested waiver(s), in writing. For each waiver requested, the applicant shall submit answers to each of the criteria in Subsection B(2) below. The Planning Board may request additional information to make a determination on a waiver request.
(2) Criteria. In granting a waiver, the Planning Board shall use the following criteria:
(a) The waiver will improve the ability of the project to take the site's predevelopment natural features into consideration. Natural features include, but are not limited to, topography, location of water bodies, surface drainage, location of unique or valuable natural resources, and relation to abutting properties or land uses.
(b) The waiver does not result in:
[1] Undue water or air pollution.
[2] Undue light pollution or glare.
[3] An inadequate water supply.
[4] Unreasonable soil erosion.
[5] Unreasonable traffic congestion or safety risk.
[6] Decreased pedestrian safety or access.
[7] Inadequate supply of parking spaces.
[8] Inadequate sewage disposal capacity.
[9] Inadequate solid waste disposal capacity.
[10] An adverse impact on scenic or natural beauty, aesthetics, historic sites, or rare or irreplaceable natural areas.
[11] Flooding or adverse drainage impacts on abutting properties.
(3) Recording of waivers of site plan performance standards. When the Board grants a waiver to any of the improvements required by these regulations, the final plan shall indicate the waivers granted. Waivers shall be listed in a separate location from either the plan's general notes or any conditions of approval. Waivers of the required application submissions do not need to be listed.
