§ 306. Waivers and Modifications

A. Waiver or Modification of Regulations.

1. The Planning Board shall have the authority to waive or modify one or more of the requirements for subdivision or land development approval contained in these Regulations if the Planning Board finds that:

a. The waiver or modification is reasonable and within the general purposes and intents of these Regulations; and

b. Literal enforcement of the Regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question; or waiver or modification of the Regulations is in the best interest of good planning practice or design as evidenced by consistency with the Comprehensive Plan and the Zoning Ordinance.

2. The Planning Board may modify requirements of lot size for subdivisions of land provided the reduction is necessary to conform the lot to existing stone walls or other natural features (See Article 10). However, such a modification may be approved only after receiving approval of the Zoning Board of Review for a variance as provided in Section 308. Under no circumstances shall such a modification allow an increased density for the development or allow potential future subdivision of any lot for increased density.

B. Decisions on Waivers and Modifications. The Planning Board shall approve, approve with conditions, or deny a request for a waiver or modification by the following procedure:

1. The Planning Board's decision shall be made within forty five (45) days of the date the request for the waiver or modification was first considered by the Planning Board, unless the applicant waives that deadline.

2. The Planning Board's decision shall be in writing, and shall contain specific findings of fact addressing the conditions contained in Subsection A above.

C. Reinstatement of Applications.

1. When an applicant has exceeded a deadline established by these Regulations for submission of material for a subdivision or land development, thereby rendering a previously granted approval invalid, the application may be reinstated by the Planning Board under the following conditions:

a. The subdivision is consistent with the Comprehensive Plan;

b. The Subdivision Regulations are substantially the same as they were at the time of the original approval;

c. The zoning of the subdivision parcel is substantially the same as it was at the time of the original approval;

d. Physical conditions on the subdivision parcel are substantially the same as they were at the time of original approval; and,

e. Any applicable state or federal regulations are substantially the same as they were at the time of the original approval.

2. Application for reinstatement of a previously approved subdivision shall be made to the Planning Board in writing by the applicant. The Planning Board, in approving or denying a request, shall make findings of fact which shall be made part of the record.