Special conditions

A. Special conditions authorized. In making any determination upon which it is required to pass after public hearing under this chapter, the Planning Board and the Zoning Board of Review may apply such special conditions that may, in the opinion of the pertinent Board, be required to promote the intent and purposes of the Comprehensive Plan and this chapter. Failure to abide by any special conditions attached to a variance, special permit, or development plan approval shall constitute a zoning violation. Special conditions shall be based on competent credible evidence on the record and be incorporated into the written decision.
B. Special conditions may include but are not limited to provisions for:
- (1) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
- (2) Controlling the sequence of development, including deadlines for commencement and completion;
- (3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
- (4) Assuring satisfactory installation and maintenance of required public improvements, which shall be constructed in accordance with the accepted standards and specifications of the Town and may include the following:
  - (a) Right-of-way improvements to include pavement widening, curb, gutter, sidewalks and street lights;
  - (b) Adequate sewage collection and disposal facilities including the provision of manholes or the construction or upgrading of pump stations;
  - (c) An adequate water supply and distribution system for both fire protection (including hydrants) and potable purposes;
  - (d) Improvements to traffic flow and circulation, to include turn and bypass lanes, signalization, pavement markings, and other traffic control measures;
  - (e) Drainage improvements for the disposition of storm or natural waters to avoid a detrimental impact on the property of others or the public right-of-way;
  - (f) Screening, fences, walls or berms where required by other sections of this chapter;
  - (g) Driveways and entrances to streets for both pedestrian and vehicular access;
  - (h) Temporary or permanent erosion and sediment control measures; and
  - (i) Easements for the purpose of adequate ingress/egress or the provision of public utilities such as water and sewer.
- (5) Designating the exact location and nature of development; and
- (6) Establishing detailed records by submission of drawings, maps, plats, or specifications.