[Ord. No. 25-2005, 12-7-2004]
The Zoning Board of Appeals shall have the power to hear and decide administrative appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, Planning Board in the enforcement or administration of this chapter. A request for an administrative appeal shall comply with the procedures described in chapter 102, Zoning, article II, Administration, division 4, Appeals and Variances.
[Ord. No. 68-1999, § 9.1, 5-18-1999]
The Planning Board, upon a positive vote of three-fourths or more of the voting members and issuance of written findings of fact, may waive portions of the submission requirements identified in this chapter. Waivers must be due to special circumstances of a particular site plan, subdivision or similar project to which this chapter applies, and shall satisfy the following criteria:
(1) 
The public health, safety and welfare shall be protected;
(2) 
The intent and purpose of the comprehensive plan, the zoning regulations (chapter 102), the site plan regulations (chapter 90), the shoreland zoning regulations (chapter 82), the floodplain regulations (chapter 78, article II), the subdivision ordinance or this chapter shall not be nullified; and.
(3) 
Specific regulations in this chapter shall not prohibit the granting of a waiver.
[Ord. No. 68-1999, § 9.2, 5-18-1999]
The Planning Board, upon a positive vote of three-fourths or more of the voting members and issuance of written findings of fact, may waive specific standards or a requirement for an applicant to provide certain required improvements identified in this chapter. Waivers are intended to allow a more practical and economical development and shall be due to special circumstances of a particular site plan, subdivision or similar project to which this chapter applies, and shall satisfy the following criteria:
(1) 
The public health, safety and welfare shall be protected;
(2) 
The intent and purpose of the comprehensive plan, the zoning regulations (chapter 102), the site plan regulations (chapter 90), the shoreland zoning regulations (chapter 82), the floodplain regulations (chapter 78, article II), the subdivision ordinance or this chapter shall not be nullified; and
(3) 
Specific regulations in this chapter shall not prohibit the granting of a waiver; and
(4) 
Shall satisfy one or more of the following criteria:
a. 
Be deemed inappropriate because of inadequate or lacking connecting facilities in the proximity of the proposed development;
b. 
Be deemed inappropriate because of the surrounding development and character of the area in which the project is proposed; or
c. 
Be deemed inappropriate because of conflicts with the zoning regulations (chapter 102), site plan regulations (chapter 90), shoreland zoning regulations (chapter 82), floodplain regulations (chapter 78, article II), or subdivision ordinance.
[Ord. No. 39-1998, § 9.3, 12-1-1998]
The applicant shall submit all requests for waivers to the Planning Board in writing. Waivers may only be granted in accordance with sections 98-51 and 98-52. When granting waivers, the board shall establish conditions so that the purposes of this chapter are met.
[Ord. No. 68-1999, § 9.4, 5-18-1999]
All waivers granted by the board in accordance with section 98-52 shall be identified on the final plan.