Town of Casco, ME
Cumberland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
An appeal from any order or decision of the Planning Board under this chapter may be taken by any aggrieved party to Maine Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
[Amended 6-14-2017 by Art. 27]
The provisions of this chapter, not specifically required by 30-A M.R.S.A. §§ 4401 to 4408, shall not apply to any subdivision which has been approved by the Planning Board and recorded in the Registry of Deeds of Cumberland County prior to enactment of this chapter.
This chapter is effective March 12, 1988, as revised by the Town Meeting on June 18, 1994, and serves to repeal any prior subdivision ordinance, standards or regulations.
A. 
Where the Planning Board finds that severe practical difficulties may result from strict compliance with these standards or where there are special circumstances of a particular plan, it may vary these standards so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Comprehensive Plan, Chapter 215, Zoning, or this chapter.
B. 
Where the Planning Board finds that, due to special circumstances of a particular plan, the provision of certain required improvements or submissions is not requisite in the interest of public health, safety, and general welfare, or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions.
C. 
Waivers may be granted only upon the concurrent vote of a majority of the Planning Board members. In granting such modifications and waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.
D. 
No waivers shall be granted regarding the requirement of performance guarantees for major subdivisions or reduction in required street rights-of-way.