The Planning Board may consider requests for waivers from the design standards in Article 5 of these Regulations, subject to § 307 of the Zoning Ordinance and Section 908 of these Regulations, if the standard or standards to be waived are neither specifically referenced as a requirement by, nor substantially similar to a requirement in, the Zoning Ordinance. For all waiver requests the Planning Board shall hold a public hearing preceded by notice consistent with the requirements of Zoning Ordinance, § 320(A).
For developments permitted by right, the Planning Board has final authority to grant or deny requested waivers. For applications that require zoning relief, the review of waiver requests by the Planning Board is merely advisory to the permitting authority, which is the Zoning Board of Review.