[Amended 6-2-2021 STM by Art. 11]
A. Purpose: to allow context-sensitive flexibility in the review and
application of certain land use performance standards for the protection
of the environment, public health, safety, and general welfare. The
Planning Board may grant a waiver from literal compliance with the
mandatory provisions of this chapter if the applicant can demonstrate
that:
(1)
The deviation is unavoidable and represents the minimum feasible
under the particular circumstances surrounding the proposal, and the
grant of relief is reasonable, necessary and supports the general
purpose and intent of the applicable provisions; or
(2)
The literal enforcement of the provision(s) of the applicable
provisions at issue is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the property in question;
or
(3)
That an alternative proposal will allow for equal or better
results than those stated in the applicable provisions.
B. The approval of a waiver shall not have the effect of making null
and void the intent and purpose of this chapter. In the approval of
a waiver, the Planning Board may impose such conditions as will, in
its judgment, secure substantially the objectives of the applicable
provisions of this chapter.
C. Procedure for waiver.
(1)
All requests for waivers shall be processed in accordance with
the following: The approval of a waiver must be accompanied by a completed
application form provided by the Topsham Planning Office, including,
at a minimum, an explanation of how and to what extent the following
conditions are addressed:
(a)
The exception addresses Subsection
A above;
(b)
The exception provides relief only to the minimum extent necessary;
(c)
Other environmental features are not damaged in the process
of protecting the regulated resources; and
(d)
No alternative exists that will allow for at least a minimum
practical use of the property (if applicable).
(2)
The planning staff shall:
(a)
Schedule the request for consideration by the Planning Board
to take action upon the request.
(b)
Provide adequate notice to the applicant and any other involved
parties of the meeting to which consideration of the request is scheduled.
(3)
The planning staff or Planning Board at their discretion shall
refer the matter to the Town Peer Review Engineer for recommendations.
(4)
The Planning Board shall, following the consideration of the
request, take such public action as it shall deem advisable.
(5)
All waivers shall be included in the final signed and recorded
plan.