The Commission, upon written request by the applicant, may by resolution determine that certain map and plan requirements of § 382-13 and Schedules A and B[1] are not necessary in order to make a reasonable decision on the
application and need not be submitted. In making the determination, the Commission
shall be satisfied that map and plan data received are sufficient to carry
out the purpose and intent of these Regulations and to protect the public
health, safety, welfare and property values. Upon written request by the applicant,
the Commission may also by resolution defer required submission of certain
map and plan requirements for later submission and consideration.
[1]
Editor's Note: Schedules A and B are included at the end of this
chapter.
The Commission, upon written request by the applicant, may approve alternate
planning and design standards when:
A.
The standards are prepared by a professional engineer;
B.
The standards are approved by the Town Engineer/Director
of Public Works;
C.
The Commission determines that the standards will produce
a superior development or safeguard against potential peril or hazards, or
severe adverse impact on the environment, and will be in accord with the purpose
and intent of these Regulations; and
D.
If constituting a modification of Town specifications,
the standards are approved by the Board of Selectmen.
A.
The Commission, upon written request by the applicant
and after due notice and public hearing as required for hearings on plans
of subdivision, may, upon the vote of 3/4 of all the members of the Commission,
waive particular requirements of these Regulations in cases where conditions
exist which especially affect the land to be subdivided and which are not
generally applicable to other land in the area when the Commission finds that
the following conditions are met:
(1)
The requirement waived is not requisite in the interest
of public health, safety and general welfare or is inappropriate because of
inadequacy of or lack of connecting facilities adjacent to or in proximity
to the proposed subdivision; or
(2)
An exceptional difficulty or unusual hardship may result
from literal compliance of these Regulations; and
(3)
In either case:
(a)
Substantial justice will be done;
(b)
There will be no significant adverse effect on adjacent
property or on the public health, safety and welfare;
(c)
The waiver will be in harmony with the purpose and intent
of these Regulations;
(d)
The requirement is waived only to the extent sufficient
to relieve the difficulty or hardship; and
(e)
There is no modification of zoning regulations or other
laws, ordinances or regulations of the Town of Orange unless authorized by
the Town official or agency having responsibility therefor.
B.
The Commission shall state in the action on the request,
or other records of the Commission, the reasons for which a waiver is granted
in each case. (Sec. 8-26, CGS)
