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User's Guide: This article authorizes the Board, under
special circumstances, to waive portions of the submission requirements,
performance standards and required improvements required by this chapter
and requires that such waiver be granted with conditions.
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Where the Board makes written findings of fact that there are
special circumstances of a particular site proposed to be subdivided
or developed, it may waive portions of the submission requirements,
provided that the public health, safety and welfare are protected
and provided that the waivers do not have the effect of nullifying
the intent and purpose of the Protection Districts Map, the Comprehensive
Plan, or any ordinance.
Where the Board makes written findings of fact that there are
special circumstances of a particular site proposed to be subdivided
or developed, it may waive portions of the performance standards,
unless otherwise indicated in this chapter, to permit a more practical
and economical development, provided that the public health, safety
and welfare are protected, and provided that the waivers do not have
the effect of nullifying the intent and purpose of the Protection
Districts Map, the Comprehensive Plan, or any ordinance.
Where the Board makes written findings of fact that due to special
circumstances of a particular site proposed to be subdivided or developed,
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 requirements
for such improvements, subject to appropriate conditions.
