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 have been or will be met;
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 have been or will be met by the proposed subdivision.
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.