HARDSHIP

Orleans Conservation Commission

A. The occasion when a literal enforcement of the provisions of these regulations would involve a substantial hardship, financial or otherwise, to the petitioner or appellant;

B. The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; and

C. Desirable relief may be granted without either substantial detriment to the public good or nullifying or substantially derogating from the intent or purpose of the OWP.

D. Excessive economic burden placed on an applicant as a result of the wetlands regulations may be considered to be a hardship. It is presumed that any proposed private activity within the area of jurisdiction will place public resources at risk. An applicant is expected to take steps to protect these public resources. Such steps may place an economic burden on the applicant that would not be placed on a person working beyond the area of jurisdiction. Some additional economic burden is presumed to be a reasonable requirement necessary to protect the public resource. In order to demonstrate hardship, the applicant must show that the public resource can be equally protected at less cost by some other means. Hardship shall in no case be a condition unique to the applicant. The hardship must be associated with activities on the property for which the proposal is made.