Site Plan Review Waiver Request

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

SITE PLAN REVIEW WAIVER REQUEST A SEPARATE REQUEST FORM MUST BE SUBMITTED FOR EACH WAIVER REQUESTED

Project Name: ____________________________________

Application Date: ____________________________

A. Applicant Contact Information

Applicant:     _____________________________          Address: ________________________________

Telephone number: __________________________                  ________________________________

Email address: _____________________________                  ________________________________

B. Identification of Waiver Request

Waiver Type: Submissions _______               Performance Standards ______

Land Use Ordinance Section Number: ___________________________________________________

C. Explanation of Waiver Request

Why is the waiver being requested by the applicant?

Project Name: __________________________________

D. Justification of Waiver Request

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

E. Supporting Documentation

What supporting documentation for the waiver has been included with the site plan 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

Site Plan Waiver Request August, 2020                                                               Page 2

Project Name: __________________________________

SITE PLAN REVIEW WAIVER REQUEST FINDINGS OF

FACT Section 8.7 WAIVERS

A. Waivers of Certain Submission Requirements: Where the Board makes written findings of fact that there are special circumstances of a particular site, 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 criteria and performance standards of these regulations 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 site plan review criteria and standards and would not nullify the intent and purpose of the comprehensive plan, zoning regulations, or these site plan regulations: Motion seconded by ______________________: Votes to approve: ____ Votes to deny:____

B. Waivers of Performance Standards: Where the Board makes written findings of fact that due to special circumstances of a particular site proposed to be developed, 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 site plan 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 criteria of these site plan review regulations have been or will be substantially met by the proposed site plan; and,

4. The requested performance standard waivers are noted on the recorded subdivision plan (submission 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 site plan and is not requisite to provide for the public health, safety, and welfare subject to the proposed conditions of site plan approval: Motion seconded by ______________________: Votes to approve: ____ Votes to deny:____

Site Plan Waiver Request August, 2020                                                         Page 3