[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.