Except as otherwise provided by law, where the Planning Board makes written findings of fact that there are special circumstances relating to a particular parcel proposed to be subdivided, it may waive portions of the submission requirements, unless this chapter specifically prohibits waivers. For a waiver to be granted, the applicant must demonstrate that:
A. 
The performance standards of these regulations and the criteria of the subdivision statute [1] have been or will be met;
[1]
Editor's Note: See 30-A M.R.S.A. § 4401 et seq.
B. 
The public health, safety, and welfare are protected; and
C. 
The waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, Chapter 280, Zoning, or these requirements.
Except as otherwise provided by law, where the Board makes written findings of fact that due to special circumstances of a particular lot proposed to be subdivided the provision of certain required improvements is not required to provide for the public health, safety or welfare or is inappropriate because of inadequate or lacking connecting facilities adjacent to or in proximity of the proposed subdivision, the Board may waive the requirement for such improvements, subject to appropriate conditions, provided that:
A. 
The waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, Chapter 280, Zoning, or these regulations; and
B. 
The performance standards of these regulations and the criteria of the subdivision statute [1] have been or will be met by the proposed subdivision.
[1]
Editor's Note: See 30-A M.R.S.A. § 4401 et seq.
Waivers may only be granted in accordance with §§ 275-70 and 275-71. When granting waivers, the Board shall set conditions so that the purposes of these regulations are met.
When the Board grants a waiver to any of the improvements required by these regulations, the final plan, to be recorded at the Registry of Deeds, shall indicate the waivers granted and the date on which they were granted.