Subdivision Waiver Request Form

           TownOFofDURHAM
          TOWN      Durham
                                                  Tel: 207-353-2561
         630Hallowell
         630 Hallowell   Road
                      Road                        Fax: 207-353-5367
        Durham,   Maine
         Durham, Maine    04222
                        04222
          Office of Code Enforcement           Tel. (207) 376-6558
Office ofand
           Code Enforcement and Planning
             Planning                  Fax: (207) 353-5367

SUBDIVISION WAIVER REQUEST A SEPARATE REQUEST FORM MUST BE SUBMITTED FOR EACH WAIVER REQUESTED

Subdivision Name: ____________________________________

Application Date: ____________________________

A. Applicant Contact Information

Applicant:     _____________________________          Address: ________________________________

Telephone number: __________________________                  ________________________________

Email address: _____________________________                  ________________________________

B. Identification of Waiver Request

Waiver Type: Submissions _______       Procedures _______     Performance Standards ______

Land Use Ordinance Section Number: ___________________________________________________

C. Explanation of Waiver Request

Why is the waiver being requested by the applicant?

Subdivision Name: __________________________________

D. Justification of Waiver Request

Why do you think that a waiver of the subdivision requirements is justified in this case?

E. Supporting Documentation

What supporting documentation for the waiver has been included with the subdivision application?

F. Signature of Applicant

To the best of my knowledge, all of the above stated information submitted in this application is true and correct.

___________________________________                                        ______________

Printed Name: ______________________________                               Date

Subdivision Waiver Request July 15, 2020 Page 2

Subdivision Name: __________________________________

SUBDIVISION WAIVER REQUEST FINDINGS OF FACT

Section 6.35 WAIVERS

A. Waivers of Certain Submission Requirements: Where the Board makes written findings of fact that there are special circumstances of a particular tract proposed to be subdivided, or that the application is simple and minor in nature, it may waive portions of the submission requirements, unless prohibited by these regulations or Maine statutes, provided the applicant has demonstrated that the performance standards of these regulations and the criteria of the subdivision statute have been or will be met, the public health, safety, and welfare are protected, and provided the waivers do not have the effect of nullifying the intent and purpose of the comprehensive plan, the zoning regulations, or these subdivision regulations.

Motion made by ______________________: The special circumstances of the particular tract proposed for development and the simple nature of the application indicate that the following submission item is unnecessary to verify compliance with the subdivision review criteria and standards and would not nullify the intent and purpose of the comprehensive plan, zoning regulations, or these subdivision regulations:

_____________________________________________________________________ Motion seconded by ______________________: Votes to approve: ____ Votes to deny:____

B. Waivers of Procedural Requirements: The Board may allow an applicant to combine the final plan and preliminary plan application steps into one procedure, upon making all of the following written findings of fact:

1. No new streets are proposed;

2. No approvals are required from the Maine Department of Environmental Protection under the Site Location of Development Act, Stormwater Law, or Natural Resources Protection Act, other than a “Permit by Rule;”

3. The Board agrees to approve a waiver from the requirements to submit a stormwater management plan and sedimentation and erosion control plan; and,

4. The application contains all other applicable submissions required for both the preliminary and final plan steps, except for those items for which a waiver of a required submission has been requested and granted by the Planning Board.

Motion made by ______________________: The proposed subdivision meets the criteria for granting a waiver to combine preliminary and final approvals. Motion seconded by ______________________: Votes to approve: ____ Votes to deny:____

Subdivision Waiver Request July 15, 2020 Page 3

Subdivision Name: __________________________________

C. Waivers of Performance Standards: Where the Board makes written findings of fact that due to special circumstances of a particular tract proposed to be subdivided, the provision of certain required improvements is not requisite to provide for the public health, safety or welfare, or an alternative design is equal to or better in meeting the statutory review criteria, it may waive the design standards, subject the following criteria:

1. The applicant has provided the Planning Board with a factual basis for granting the waiver that is supported by sound engineering and/or environmental analysis (cost considerations are not justification);

2. The waiver(s) do not have the effect of nullifying the intent and purpose of the zoning regulations or these subdivision regulations;

3. The performance standards of these regulations have been substantially met and the criteria of the subdivision statute have been or will be met by the proposed subdivision; and,

4. The requested performance standard waivers are noted on the recorded subdivision plan (submission waivers and procedural waivers are not noted on the plan).

Motion made by ______________________: The applicant has provided documentation based on sound engineering and/or environmental analysis that the following standard can be waived for the proposed subdivision and is not requisite to provide for the public health, safety, and welfare subject to the proposed conditions of subdivision approval:

_____________________________________________________________________. Motion seconded by ______________________: Votes to approve: ____ Votes to deny:____

Subdivision Waiver Request July 15, 2020 Page 4