A. Limitation of waivers. The granting of a submission requirement waiver or site waiver may not conflict with, nor negate, any state statutory requirements for the subdivision of land.
B. Waiver of submission requirements. The Director of Planning or designee may waive the submission requirements identified in §
120-910 (Submission requirements) as being eligible for a waiver if it is determined that the information is not required to determine compliance with the standards and criteria of this chapter or that the information relates to a standard that is not applicable to the application.
(1) A waiver from the submission requirements shall not require the applicant or the Director of Planning to follow the procedures and standards in Subsection C, below. A waiver from submission requirements shall not be considered a variance for purposes of 30-A M.R.S.A. § 4403(7).
(2) In accordance with §
120-910 (Submission requirements), the applicant shall submit a list of submission requirements for which a waiver is sought. The list shall include the reasons for which the waiver is sought. The Director of Planning is not required to use any criteria in making a determination on the granting of a waiver of the submission requirements.
C. Waiver of subdivision performance standards. The Planning Board may waive the requirements of
§ 120-911: Performance and design standards, unless prohibited by Maine statutes, where it finds that there are special circumstances of a particular parcel proposed to be subdivided, or that the application is simple and minor in nature. The applicant must demonstrate that the performance standards of these regulations and the criteria of the subdivision statute have been or will be met and the public health, safety and welfare are protected, and provided the waivers do not have the effect of nullifying the intent and purpose of this chapter.
(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 C(2), Criteria, below.
(2) Criteria. In granting site waivers, the Planning Board shall utilize the following criteria:
(a) The waiver will improve the ability of the project to take the property's predevelopment natural features into consideration. Natural features include, but are not limited to, topography, location of water bodies, location of unique or valuable natural resources, and relation to abutting properties or land uses.
(b) The waiver will not result in the following:
[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.
[12] An adverse impact on the Town's ability to provide the subdivision with public safety services.
(c) Recording of waivers of subdivision performance standards. When the Board grants a site waiver 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. Waivers must 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.
