A. 
The Board may grant a waiver of any design requirement or plat standard of this chapter in accordance with the following:
(1) 
The applicant shall provide a written request for waiver. The request shall indicate the exact section for which the waiver is requested, the extent of the waiver, and the justification.
(2) 
In evaluating the request, the Board shall not grant the waiver unless it finds, based upon evidence presented to it, that:
(a) 
Granting of the waiver shall not be detrimental to the public health, safety or general welfare;
(b) 
Granting of the waiver shall not, in the opinion of the Board, be injurious to other parties;
(c) 
Granting of the waiver shall not have the effect of nullifying the intent and purpose of this chapter; and
(d) 
Strict compliance with the regulations would cause a hardship to the applicant solely because of the unique physical characteristics of the site (financial hardship shall not be considered); or
(e) 
The Board determines that granting the waiver would result in substantial public benefit.
(3) 
A waiver request shall be considered only at or after a noticed public hearing by the Board on the subject application, and at which the waiver request is presented or discussed, so that abutters have an opportunity to be made aware of all waiver requests.
(4) 
The Board may condition any waiver granted so as to secure the objectives of this chapter.
(5) 
The request for waiver shall be granted only when a motion to grant the request, duly seconded, is carried by a majority of the members present and voting. If the motion is not carried, the request is denied and no further motion is required. If no action is taken on the waiver request, it shall be deemed to be denied.
B. 
In the event that alternative design standards which are independently and scientifically derived are provided to and accepted by the Board, the Board may permit their substitution for the Town design standard. Such substitution shall be permitted at the Board's option only when, in the Board's opinion, the alternative standard would better accomplish the intent of this chapter for this case. Substitution shall require a formal motion of the Board, and the minutes of the meeting should indicate the Board's reasoning for future reference. No waiver is required for design standard substitution.
If the applicant will have an attorney present at a Planning Board meeting, written notice shall be provided to the Board at least seven days in advance of the scheduled meeting so that the Board may arrange to have the Town Attorney present if so desired. Failure to provide such notice shall be sufficient cause to continue the meeting to a later date if the Board so chooses.
Upon stamping and signing a final plan for a full review approval, the Town shall record a notice of decision referencing the plan at the Carroll County Registry of Deeds.
The applicant shall be required to provide bonding for site improvements for any minor review or major review application in accordance with the following:
A. 
Bonding shall be provided by the applicant payable to the Town in order to ensure that the applicant will complete all site work in accordance with the plans. Bonding, if called by the Town, shall be used to stabilize the site, ensure site safety and to minimize any adverse impacts on the neighborhood and Town. In the event that bonding is called by the Town, the Planning Board shall immediately schedule and hold a public hearing to consider revocation of the site plan approval per the process of RSA 676:4-a. The Board shall also request that the building permit be suspended until the matter is resolved. No further work may proceed on the site without further Planning Board approval, nor shall any CO be issued without prior consent of the Planning Board.
B. 
The amount shall be 50% of the cost of all site work. Appropriate bonding to cover the full costs of all landscaping shall also be posted. The form and execution of such surety shall be approved by the Board of Selectmen. The surety shall run for a term determined by the Planning Board, but in no event shall it exceed three years nor be less than one year to ensure survival through a complete growing season.
Prior to land clearing, site preparation, construction or any other such activity may begin on a site, and before any permit for such activities may be issued, a final approval of the site plan is required. All activity on the site shall be in accordance with the approval.
Every approval pursuant to this chapter is granted subject to the issuance of a certificate of occupancy (CO) upon completion of construction and site work. Use of the site prior to the issuance of the CO shall be prohibited. The CO shall be issued by the Board of Selectmen or its designee. Prior to issuance of a CO for any project requiring approval under this chapter, the Planning Board or its designee must field check the completed site and sign off on the CO prior to issuance. A request for inspection shall be made to the Town 48 hours prior to any anticipated backfilling of drainage structures. A request for final inspection shall be made to the Town and to the Board at least 14 days prior to the anticipated final completion of construction. These inspections are required to obtain a CO.
The Board does not require as-built site plans, nor will it stamp and sign such plans. The only as-built plans which the Board will stamp and sign is the plan showing the location of structures on condominium property. Such plans shall:
A. 
Be certified to be correct and stamped by a NH licensed land surveyor;
B. 
Be accompanied by certificates of occupancy, if applicable;
C. 
Clearly identify in the title block exactly what the as-built plan is approving; and
D. 
Have the following plat note printed on each sheet: "These as-built plans are pursuant to, and without modification of, the original Planning Board approval."
The Board authorizes the Board of Selectmen and its designees as the enforcement agents for this chapter. The Board also reserves the right to enforce this chapter itself if necessary.
Any minor review approval or conditional approval, and any full review conditional approval, granted under this chapter may be reconsidered and/or rescinded by a majority vote of the Board. To do so, the Board must hold a noticed public hearing at its own expense, and then must determine that material information on which the original approval was based was defective, incomplete or misrepresented. Any full review with an approved plan recorded at the Carroll County Registry of Deeds may be revoked in accordance with RSA 676:4-a. A rescinded approval shall be deemed a denial of the original application. A new notice of decision shall be issued, which states the reason for the new decision.
The site plan review regulations in no way relieve an applicant from compliance with Chapter 190, Zoning, or Chapter 130, Subdivision of Land, of the Conway Code or any other code adopted by the Town or any other governmental unit. In the event that the requirements of this chapter are in conflict with other codes, the more stringent shall apply.
If any clause, portion or section of this chapter is found invalid by a court of competent jurisdiction, this finding shall not invalidate the remainder of this chapter.