Upon the request of the Applicant, but subject to §
195-17.26 as to affordability, the Plan Approval Authority may waive dimensional and any other requirements of Article 17, including, but not limited to, the Design Standards of Part
9, in the interests of design flexibility and overall Development quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the OSGOD, or if it finds that such waiver will allow the Development to achieve the density, affordability, mix of Uses, and/or physical character allowable under this Article 17.
An application for Plan Approval shall be reviewed for consistency
with the purpose and intent of this article, and such plan review
and shall be construed as an as-of-right review and approval process
as required by and in accordance with the Enabling Laws.
Plan Approval shall be granted where the PAA finds that:
A. The Applicant has submitted the required fees and information as
set forth in the regulations;
B. The Development and site plan meet the requirements and standards
set forth this Article 17, or a waiver has been granted therefrom;
and
C. Any extraordinary adverse potential impacts of the Development on
nearby properties have been adequately mitigated.
A site plan may be disapproved only where the PAA finds that:
A. The Applicant has not submitted the required fees and information
as set forth in the regulations; or
B. The Development and site plan do not meet the requirements and standards
set forth this Article 17, and a waiver has not been granted therefrom;
or
C. It is not possible to adequately mitigate significant adverse potential
impacts on nearby properties by means of suitable conditions.
The PAA shall issue to the Applicant a copy of its decision
containing the name and address of the owner, identifying the land
affected, and the plans that were the subject of the decision, and
certifying that a copy of the decision has been filed with the Town
Clerk and that all plans referred to in the decision are on file with
the PAA. If 20 days have elapsed after the decision has been filed
in the office of the Town Clerk without an appeal having been filed
or if such appeal, having been filed, is dismissed or denied, the
Town Clerk shall so certify on a copy of the decision. If a plan is
approved by reason of the failure of the PAA to timely act, the Town
Clerk shall make such certification on a copy of the application or
notice. A copy of the decision or application bearing such certification
shall be recorded in the Registry of Deeds for the county and district
in which the land is located and indexed in the Grantor Index under
the name of the owner of record or recorded and noted on the owner's
certificate of title. The fee for recording or registering shall be
paid by the Applicant.