Section 9.5. Procedure for Granting Waivers

A. Referral for recommendations. The Director must send a copy of each waiver request to the applicable Development Review Committee agencies for investigation, report, and written recommendation before acting on the request. For waivers requested as part of a preliminary plan or pre-preliminary plan, those agencies must submit any report and recommendation on the waiver in the timeframes required for those plans. For separate waiver requests, final recommendation must be provided to the Director within 30 days after receiving the request, or the recommendation must be treated as favorable.

B. The Director must publish a report and recommendation at least 10 days before the scheduled Board hearing. A waiver request filed under this Section may be used as grounds for a request to extend the time requirements in Sections 4.2 and 8.2.

C. Resolution. The Board must make its decision by resolution.

D. Non-waiver of other ordinances. When granting a waiver, the Board must not change any other requirement of law.