City of Old Town, ME Solid Waste Facility Permitting Procedures

Preapplication meeting with CEO. Applicants are encouraged to contact the CEO to schedule a preapplication meeting with the CEO before submitting an application to discuss the nature and scope of the proposed application and submittal requirements, fees and the review process.

Public notice requirements. As part of the submittal of an application to the City for any solid waste facility permit, the applicant shall provide for public notification as follows:

Publish the public notice once in the Bangor Daily News and the Penobscot Times. The notice must appear within one week before or after the date the application is filed with the City.

Send a copy of the public notice to abutters and to each member of the Joint Committee. The names and addresses of abutters shall be obtained from City tax records. Notice shall be sent to all abutters by certified mail, return receipt requested, so that the abutters receive notice within 15 days before or after the application is filed with the City.

Submittal of application and completeness review.

The applicant shall submit to the CEO an original and at least three copies of the application, which shall contain the information specified in § 22A-7 of this chapter and the maps, studies and other supplemental information specified in § 22A-8 of this chapter. The applicant shall submit the application fee and the review fee as specified in § 22A-23 at the time the application is submitted.

An application for a solid waste facility permit shall not be deemed accepted for processing until all information and data required to evaluate the application and the applicable fees have been submitted. The CEO shall have 15 business days from the date of receipt of an application to determine whether that application is accepted as complete for processing.

If the CEO determines the application is not acceptable for processing, the CEO shall return it to the applicant with a letter identifying the items missing from the application. The CEO's review is not a substantive review and constitutes only a determination of whether the application is complete enough for processing. If the applicant disagrees with the CEO's determination, the dispute shall be submitted to the Chair of the Planning Board, or the Chair's designee, by letter outlining the area(s) of disagreement. The Chair shall resolve the dispute as quickly as possible, but within no more than five business days.

If the application is accepted for processing, the CEO will notify the applicant of its acceptance, and the applicant shall file 14 copies of the application and supporting information with the CEO. The applicant shall also file two copies of the application and supporting information with the City Clerk and deliver two copies to the City Library for review by the public.

Application review process.

The CEO shall forward an application accepted for processing to the Planning Board within 21 days after the application is accepted for processing. The CEO shall also forward a copy to the Solid Waste Facility Review Committee and to such consultants as the CEO and the City Manager determine are appropriate to review the application, following the procedure for expending review fees outlined in § 22A-23 of this chapter.

The CEO's determination that the application is accepted for processing does not preclude the Planning Board from requesting additional information from the applicant if the Board determines such information or data is relevant and necessary to evaluate whether the application conforms to the requirements of this chapter and other applicable City ordinances.

The Planning Board shall have 180 days from the date the CEO determines the application is accepted for processing to issue a decision regarding the application, unless the applicant and the City agree in writing to a longer review period.

(e)

Planning Board permit decision. The Planning Board shall review the application under the solid waste facility permit standards in Article IV of this chapter, hold at least one public hearing on the application, and either approve the application and issue the permit with such conditions as the Planning Board deems appropriate to ensure compliance with this chapter and other applicable City ordinances or deny the permit application. The Planning Board shall follow its usual procedures for notice of and conducting the public hearing, provided that the Planning Board shall give at least the following notice: the Planning Board shall give at least 10 days' notice of its first meeting to review the application by publishing in the Bangor Daily News and Penobscot Times a notice containing the date, time and location of the meeting and a brief description of the proposed solid waste facility, and by mailing a copy of the published notice to all abutters, the City Manager, the Board of Selectmen of the Town of Alton, Maine, the Penobscot Indian Nation and members of the Joint Committee and of the Solid Waste Facility Review Committee. Other meeting dates shall be posted in the Town offices at least five business days in advance of the meeting. The Planning Board decision shall be in writing and shall contain a statement of the reasons therefor.

§ 22A-7 Permit application submittal requirements.

[Ord. of 7-6-2015]

The application shall require at least the following information about the applicant and the proposed solid waste facility or expansion:

The name and address of the applicant, including both the owner(s) of the site and the operator, if different.

If the applicant is a corporation, evidence that the corporation is authorized to do business in Maine and a copy of a current certificate of good standing from the Secretary of State of Maine.

The name, address and phone number of the registered professional engineer, land surveyor and other professionals who aided in preparing the application, including a summary of their qualifications, training and project responsibilities.

The name and address of the local authorized agent on whom all orders and notices may be served and to whom all correspondence from the City should be sent.

A description of the nature of the applicant's interest in the site (option, land purchase contract, recorded ownership, etc.), including a copy of the deed, lease or other documents evidencing the applicant's authority to submit the application and the right to construct and/or operate the site, if a permit is granted.

(6)

A list containing the name and mailing addresses of abutters to the site and a map depicting the parcel(s) owned by each.

(7)

A concise narrative description of the solid waste facility design, construction, alteration or expansion and the operations, including safety and security measures, traffic impacts, visual impacts, and the control of any offensive noise, odor, dust, litter and vermin, as well as measures to be taken to avoid air and water pollution, with citations to where this information can be found in the application. The description shall include associated activities by or with the authorization of the applicant occurring at or near the site. The narrative shall specifically address how the application demonstrates compliance with state and federal laws and regulations and include accurate and complete cost estimates for the solid waste facility or expansion, including construction and operating costs.

The applicant shall attach copies of current federal and state permits, approvals and licenses, including renewals, amendments, modifications, minor revisions or extensions thereto, regulating the solid waste facility or expansion; summaries of all environmental monitoring results required by any state or federal permits and/or licenses; summary descriptions of spills, accidental discharges or emissions and all other unlicensed discharges, emissions and releases at the facility; and records of violations for the facility for the two years preceding the date of filing the application.

Any other information that the applicant determines will assist the Planning Board in making its permit decision.

Submittal of an application constitutes authorization for any duly authorized representative or employee of the City, upon presentation of appropriate credentials, at any reasonable time, to:

Enter any facility or related place which is not a residence, or any conveyance, where or in which solid waste or beneficial use secondary materials are generated, handled, transported, disposed or placed;

Inspect the property and facility and/or inspect or obtain samples of any solid waste materials, including samples from any conveyance in which solid waste is being or has been transported as well as samples of any solid waste containers or labels;

Inspect and copy any records, reports, information or test results required by permit or by MDEP license or rule relating to operations at the solid waste facility;

Take photographs or measurements of activities and operations at the solid waste facility;

Obtain samples of the solid waste facility or expansion's construction materials; and

(6)

Conduct environmental monitoring.

§ 22A-8 Supplemental permit application requirements.

[Ord. of 7-6-2015]

Applicants for a solid waste facility permit shall also provide the following supplemental information; provided, however, that for a proposed expansion of the West Old Town Landfill, this supplemental information shall be for both the solid waste landfill in existence at the time of application and the proposed expansion thereof, except that as to the requirements for Subsection (i), Waste characteristics (except for types of solid waste not listed in Exhibit 2), Subsection (m), Impact on existing uses and scenic character, Subsection (n), Water quality, and Subsection (p), Environmental monitoring program, such supplemental information shall be that related to the proposed expansion only.

An executive summary of the MDEP application(s) for the facility or expansion, demonstrating compliance with Maine solid waste laws and solid waste management rules. The applicant may submit relevant portions of the MDEP application in lieu of or along with the information requested herein.

Maps/surveys/aerial photography.

Location map: the most-recent U.S. Geological Survey topographic map (7 1/2-minute series) of the area, showing property boundaries and waste facility and expansion boundary.

A boundary survey made and certified by a Maine licensed land surveyor.

Maps. Maps no larger than 24 inches by 36 inches shall be submitted at an appropriate scale to show needed detail. Maps shall cover the area of development within the solid waste facility site and a minimum of 1,000 feet beyond in all directions. The boundaries of the area to be mapped, scale and contour intervals shall be determined in consultation with the CEO. The maps shall show the following as appropriate: name and address of owner; scale, North arrow, and date; property boundaries; and topography, existing and after closure. Within the area to be developed, the maps shall show roads, walkways, parking areas, and loading/unloading facilities; culverts; structures; streams, intermittent streams, water bodies and wetlands; cross-section lines; buffer zones; wells, springs, or any other source for private or public water supplies; utilities, existing and proposed; the proposed solid waste landfill and expansion boundary; zone districts; signs, fences and permanent outdoor fixtures; exterior lighting; easements and rights-of-way; and erosion and sedimentation control measures.

The proposed solid waste boundary of the landfill or expansion thereof and the property boundary shall be clearly outlined on one photo.

Financial and technical capacity.

A description of how the applicant will comply with the MDEP license requirements regarding financial capacity.

A statement of the applicant's prior experience or appropriate training, or both, relating to the construction and operation of the proposed solid waste facility or expansion.

A description of the personnel who will be employed to design, construct, operate and maintain the proposed solid waste facility or expansion.

A timeline for the permitting, construction, and commencement of operations at the solid waste facility or expansion and for closure activities at the solid waste facility and expansion.

Traffic.

An estimate of the number, weight (loaded and unloaded), and types of vehicles that will be transporting waste to and leachate from the facility and expansion, including the estimated number of trips per day for vehicles entering and/or leaving the facility and expansion.

A map clearly delineating existing and proposed haul routes (within City limits) to be used by vehicles serving or using the facility and expansion, describing legal weight limits and restrictions, such as winter road closures and seasonal weight limits for each road, if applicable.

A detailed plan describing procedures the applicant shall employ to discourage overweight vehicles from accessing the facility and expansion and to prevent vehicles carrying leachate from the facility and expansion from exceeding applicable vehicle weight limits. The plan shall include the applicant's maintenance of a quarterly overweight truck log as provided in § 22A-14(l). The plan shall also include measures to minimize litter and nuisance odor from trucks and vehicles hauling solid waste and/or leachate to and from the facility and expansion.

An identification of all sections of roads, bridges and intersections along existing and projected haul routes within the City limits that are:

Congested locations, which shall include at least the area known as the City's "downtown"; and/or

Not rated to handle the weights or types of vehicles expected to transport solid waste and leachate to or from the facility.

Identification of vehicle routing decisions that were made based on these limitations and a description of any corrective actions the applicant proposes to take

A Maine Department of Transportation inventory and analysis of traffic accidents on roads and at intersections on any proposed haul routes within a quarter mile of the Facility and expansion entrances and exits during the most-recent three-year period, or an equivalent study. The inventory must include identification of high accident locations within the City limits and identification of feasible countermeasures based on discernible accident patterns at any high accident location.

(6)

Sight distances at the proposed solid waste facility and expansion entrances and exits and a design guide copy of the Maine Department of Transportation entrance permit, if applicable, or, if the solid waste facility and expansion entrance is not located on a state-supported highway, evidence that a qualified professional has certified that safe sight distances will exist in all directions. This review must be conducted in conformance with the standards specified in "A Policy on Geometric Design of Highways and Streets," American Association of State Highway and Transportation Officials (1994), and the "Highway Design Guide," Maine Department of Transportation (September 1990).

(7)

A traffic study, if required by the Planning Board. The Planning Board will require a traffic study if the application does not contain sufficient information to determine that all of the traffic standards of this chapter will be met. A traffic study may also be required to evaluate whether there are modifications the applicant could make that might enable the applicant to comply with a traffic standard otherwise not met. The Planning Board's determination that a traffic study is required may be based on information or comments provided by the Maine Department of Transportation (MDOT). A decision on the need for a traffic study may be delayed until after review by the Planning Board's traffic consultant or the public hearing. The applicant may be required to supplement or update traffic information, including a traffic study, at any time during the permit review process if the Planning Board determines that a supplement or update is necessary to evaluate the application under the traffic criteria of this chapter.

(8)

Elements of a traffic study. The year for which the study results are to be characterized is the projected first year of full operation. If the proposed solid waste facility or expansion is a multi-phase project with a projected completion date more than five years after the year of the study, the Planning Board may require that the study results be characterized for the year that corresponds to the opening of the first major phase or to the timing of transportation system improvements, such as a major bridge construction project. The Planning Board may narrow the scope of the traffic study to particular roads or areas, if concerns are limited to particular roads, intersections or areas of the City. The traffic study must contain the following, unless otherwise provided by the Planning Board:

A regional map showing the solid waste facility and expansion, and proposed haul routes to and from the facility on City streets and state highways within the City limits for the vehicles that will use or serve the facility.

A description of existing traffic conditions and anticipated traffic increases from sources other than the solid waste facility and expansion that are likely to occur in the vicinity of the proposed solid waste facility or expansion during the study period. At a minimum, the study must identify development or redevelopment proposals which have been approved, either locally or by the Department, and development or redevelopment proposals for which complete applications have been filed with and accepted by the City or the Department at the time of the traffic study.

Trip generation calculations for the solid waste facility and expansion and for other proposed development and redevelopment projects in the vicinity of the facility. If data from the "Trip Generation Guide" of the Institute of Transportation Engineers is not available, trip generation must be estimated in accordance with a methodology approved by the Planning Board.

A diagram of the traffic volume on roads and intersections in the vicinity of the solid waste facility and expansion for both the estimated annual average daily traffic and the a.m./p.m. peak-hour traffic, including turns during the peak hour. Traffic diagrams must show the following:

Traffic attributable to the facility and other developments, including a description of the types of traffic.

Existing traffic volume. All traffic counts must be actual counts whenever possible. Traffic counts from the MDOT may be used if not more than two years old.

Projected traffic volume for the hours required above at the time the facility will begin full operation.

Documentation, including all new traffic counts and analysis worksheets, as to how the various volumes were derived.

A capacity analysis to determine the level of service for each road and intersection in the vicinity of the solid waste facility and expansion and an analysis of the physical condition and ability of each such road to accommodate the volume and types of existing and anticipated traffic. Capacity calculations must be made for the 30th-highest hour of traffic during the year that the facility or expansion would begin operation, or any other appropriate design hour approved by the Planning Board. Where it is shown that the capacity analysis methodology will not accurately measure operating conditions or levels of service at a road or intersection, the Planning Board may require the applicant to analyze the operating conditions of an intersection or road using another methodology acceptable to the Planning Board. The capacity and physical condition and ability to accommodate traffic analysis must take into consideration the volume and types of existing and anticipated traffic, with reference to the anticipated weight, types and dimensions of vehicles hauling to and from the facility and expansion.

The need for new traffic signals in the vicinity of the proposed solid waste facility and expansion must be analyzed using the warrants in the Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration (1988). Although an intersection may meet the MUTCD warrants, the Planning Board may determine that a signal is not appropriate on a City street.

If the traffic study indicates that unsatisfactory levels of service or unsafe conditions exist or will occur at intersections or on roads in the vicinity of the proposed solid waste facility and expansion, a description of the measures recommended to correct the deficiencies, including the following:

Recommended improvements: a description and diagram of the location, nature, and extent of recommended improvements to roads and intersections in the vicinity of the proposed solid waste facility and expansion. Accompanying this list of improvements must be preliminary cost estimates. Of the recommended improvements, those proposed for implementation must be identified.

Capacity analysis after improvement: a description of the anticipated results of making these improvements.

A clear, concise summary of the study findings.

(e)

Utilities. Evidence that the applicant has made adequate provision for utilities to furnish service at the required design usage, including water supplies, sewerage facilities, electricity, and solid waste disposal, and that any public utilities have adequate capacity to provide necessary services and are willing to do so.

(f)

Fugitive dust and odors.

Identify any sources or potential sources of nuisance odors from the facility and expansion.

Describe methods for monitoring, managing and controlling landfill odors and landfill gas. Estimate the area that would be affected by nuisance odors, based on general experience in dealing with the material or process that is the source of the odors and other available information, such as studies or journals.

Describe proposed systems for enclosure of nuisance odor-producing materials and processes, and proposed uses of technology to contain, control and/or eliminate odors.

Describe proposed methods for detecting and measuring odors to demonstrate control of nuisance odor and that the occurrence of nuisance odor from the facility and expansion will not unreasonably adversely affect air quality. ASTM E679-91 Standard Practice for Determination of Odor and Taste Thresholds by a Forced Choice Ascending Concentration Series Method of Limits, Current Ed., published October 1991, shall be used for guidance on the detection, measurement and control of nuisance odors and is adopted by reference; a copy is on file in the City Clerk's office.

Describe the actions the applicant will undertake to control fugitive dust from the solid waste facility and expansion so that fugitive dust will not unreasonably adversely affect air quality and of the actions to be taken if a problem attributable to the facility and expansion occurs beyond the property boundary.

(g)

Litter control.

A description of potential sources of litter at the facility and expansion, including, but not limited to, recycling or composting facilities and the working face of a landfill, and of proposed litter control measures, such as litter control fencing, berms, daily cover, monitoring, and periodic cleanup of litter.

A description of measures that will minimize litter from being carried off site by vehicles used to transport solid waste to and from the facility and expansion.

(h)

Vector and bird control.

A description of measures that will be used to minimize the facility and expansion's on-site population of disease vectors.

A description of the proposed bird control plan, which shall include a plan responding to bird habitation to various control methods.

(i)

Waste characteristics.

A summary of anticipated waste types and an estimate of the tonnage of each type of waste material to be received at the solid waste facility and expansion on an annual basis for the term of the permit.

A summary of the approved hazardous and special waste handling and exclusion plan, including a description of methods or procedures used to detect, identify, handle, store and transport special and hazardous wastes.

A description of the composition of the leachate to be generated at the facility and the expansion and how it will be handled, stored on site and transported.

A leachate disposal plan, including a contingency plan for handling leachate if the preferred leachate disposal facility is unavailable, addressing potential short-term and long-term interruptions in leachate disposal.

(j)

Noise. A description of the existing hourly sound levels at the facility site and the anticipated sound levels both within the solid waste facility site and at the property boundary and at any protected location. The applicant shall specify the sources and types of anticipated sounds, including sound from machinery, equipment and motor vehicles, and any environmental noise control devices available to reduce anticipated noise levels, both on site and at the property boundaries.

(k)

Air quality. Demonstrate that the proposed facility and expansion will comply with state and federal permit requirements regulating air emissions, and how the facility and expansion will limit adverse impacts from landfill gases, monitor landfill gases, and report on management activities undertaken.

(l)

Liability insurance.

A description of how the applicant will comply with the MDEP license requirements regarding liability insurance, which except public entities from having to provide proof of liability insurance.

Liability insurance policies shall provide for endorsements that contain conditions equivalent to the following:

The insurer shall furnish the City Manager a signed duplicate original of the policy and all endorsements;

Cancellation of the insurance policy, including any endorsements, whether by the insurer or the insured, shall be effective only after the expiration of 60 days after a copy of the written notice is received by the City Manager; and

Any other termination of the insurance policy, including any endorsements, will be effective only upon written notice and only after the expiration of 30 days after a written copy of the notice has been received by the City Manager.

A "claims made" liability insurance policy must include an endorsement providing for a discovery period of at least 12 months beyond the date of expiration or cancellation of the policy and for notice to the City Manager.

(m)

Impact on existing uses and scenic character. An analysis of the visual impact of the proposed facility or expansion on the existing uses and scenic character of the existing site, surrounding and neighboring properties and views in the vicinity, including views from public viewing areas that are impacted by the proposed facility or expansion, including at least the following:

Presentation of the facility or expansion layout, operations, methodology and sequencing options considered during the design process and the presentation of vistas and views from public viewing areas that are impacted by the proposed facility or expansion, to illustrate the analysis.

A description of the existing condition of the facility or expansion site and the vicinity around it, covering the area within 2,000 feet of the property boundary. This description shall include, at a minimum, terrain, vegetation, habitats, existing land uses, existing views from public viewing areas that are impacted by the proposed facility or expansion, and natural resources and how the facility or expansion will be consistent with these existing features and uses.

Describe the height of the proposed landfill mound at various stages of development and at the peak elevation, the use of daily and final cover and screening berms, consistent with the surrounding vegetation and terrain, nearby buildings, and views from public viewing areas that are impacted by the proposed facility or expansion.

A summary of the existing land uses in the vicinity of the proposed facility or expansion, including designated historic sites and protected locations.

The nature, location, design, and size of all buffers and visual screens within those buffers considered, retained, established or implemented in the design of the proposed facility or expansion.

(n)

Water quality. Demonstrate that the proposed facility or expansion will comply with the state and federal permit requirements minimizing groundwater and surface water pollution.

(o)

Compliance record.

The full name, business address, home address, date of birth, and/or federal employer identification number of the applicant, and a summary of the Maine DEP application pertaining to the civil or criminal records of the applicant (owner and operator) or any person having a legal interest in the application for the facility and expansion, as required by § 12, Criminal or Civil Records, of Chapter 400 of the Code of Maine Rules. All such information shall be supplemented as necessary for the information to be current.

The full name and business address of any company which collects, transports, treats, stores, or disposes of solid waste or hazardous waste in which the applicant holds an equity interest of 5% or more.

A listing and explanation of administrative consent agreements or consent decrees entered into by the applicant, including the operator, for violations of environmental laws administered by MDEP, the State of Maine, other New England states, the State of New York, or the United States or another country in the five years immediately preceding the filing of the application.

If a permit is issued, the submittal requirements of this § 22A-8(o) shall be considered an ongoing obligation of the permit holder and shall be updated annually.

(p)

Environmental monitoring program. A narrative describing the monitoring program for the facility or expansion, including what will be monitored, monitoring methodology and monitoring frequency; copies of applicable state and federal permits concerning environmental monitoring requirements; and a statement detailing how the applicant will comply with permit requirements.

(q)

Hours of operation. A description of the normal hours of operation of the facility and expansion and of any circumstances that might require extending those hours.

(r)

Operations and maintenance manual. A copy of the solid waste facility's and expansion's operations and maintenance manual approved by MDEP.

§ 22A-9 Permit amendment application.

[Ord. of 7-6-2015]

Any modification to a permit issued under this chapter that would: permit a solid waste facility to increase the capacity of the facility; would alter the siting, design, construction or operation of the facility; or would alter the nature of an activity to an extent that would require the City to modify any findings with respect to any of the permit criteria; including, but not limited to: a transfer or change in the owner or operator of a solid waste facility; any expansion of a facility, including any expansion of the type of solid waste the facility is licensed to accept; closure of the facility; or any amendment or minor revision to a Department license or a state or federal permit or other change that would violate or depart from any of the terms or conditions of the solid waste facility permit issued under this chapter shall require a permit amendment.

Minor (nonmaterial) permit amendments shall be reviewed and acted upon by the CEO, who also shall determine whether an application for a permit amendment is a major permit amendment or a minor permit amendment. Major permit amendments shall be reviewed and acted upon by the Planning Board as provided in Subsection (e) below; however, a transfer or change in the owner or operator of a solid waste facility shall be a major amendment. If the applicant for a permit amendment disagrees with the CEO's determination, the dispute shall be submitted to the City Council President, by letter, outlining the area(s) of disagreement. The Council President or the Council President's designee shall resolve the dispute as quickly as possible, but within no more than five business days.

The applicant shall schedule a preapplication meeting with the CEO, who will determine the scope of the permit amendment application review, based on the scope and potential impact of the changes.

The applicant shall submit such relevant information and data as required to address applicable parts of §§ 22A-7 and 22A-8 of this chapter as needed to determine whether the proposed permit amendment will comply with this chapter and other applicable City ordinances. If the CEO or the Planning Board determines additional information is necessary to determine whether the proposed permit amendment complies with this chapter, the applicant shall submit such information in a timely manner.

(e)

The procedure for review of a permit amendment application for a major permit amendment shall be as set forth in § 22A-6 of this chapter, except that the submittal information shall be the information required by this § 22A-9, or by § 22A-15 for transfer or change in owner of operator of a solid waste facility, and the Planning Board shall have 120 days from the date the CEO determines the application is complete to issue its decision. The CEO shall issue a decision on a minor permit amendment application within 30 days from the date the CEO determines the application is complete.

§ 22A-10 Waivers.

[Ord. of 7-6-2015]

An applicant may seek a waiver from the provisions governing the establishment, expansion, alteration or operation of a solid waste facility subject to this chapter by using the procedures described below. It is the responsibility of the applicant to demonstrate that its proposal will comply with the intent of this chapter.

Waiver.

The City has determined that the requirements of this chapter will minimize the risk that a solid waste facility will threaten public health, human safety or the environment or create a nuisance. An applicant who seeks a waiver from the siting, design, construction or operation requirements of this chapter may request a waiver from the Planning Board as a special condition to the permit.

Whenever an applicant seeks a waiver from the requirements of this chapter relating to siting standards, facility design or construction, the applicant must present clear and convincing evidence that the solid waste facility or expansion siting, design, construction or operation is distinctive in some way that allows for compliance with the intent of this chapter despite the waiver. Whenever an applicant seeks a waiver from the requirements of this chapter relating to any aspect of a facility or expansion's operation, the applicant must affirmatively demonstrate that the facility or expansion will not contaminate any waters of the state, contaminate the ambient air, constitute a hazard to health and welfare, or create a nuisance, and that the proposed operation will comply with the purpose and intent of this chapter despite the waiver. The Planning Board shall consider the waiver request as part of its comprehensive review of an application.

Requests for a waiver submitted as part of the application shall include, but are not limited to:

Identifying the specific provisions of this chapter from which a waiver is sought;

A description of the alternative proposed and the reasons why it meets the intent of this chapter;

The reasons for which a waiver is requested, including the environmental, economic and technological justifications; and

Any other relevant information or data the Planning Board may request or the applicant may wish to provide.