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<br />Page | 6 <br /> <br />Waivers <br />The requirements of these guidelines may be modified by the JDA only for reasons of hardship. Hardship <br />includes the inability to physically achieve the standard due to circumstances unique to the property. <br />Economic reasons alone do not constitute a hardship. Alternative strategies that show demonstrable and <br />quantifiable progress towards the Green Energy Vision may be considered as alternative compliance. <br />Types of Acceptable Waivers <br />• Full Waiver – Programmatic: conflict with the intended use of the project <br />• Full Waiver – Technological: limitation of available technologies or methodologies <br />• Provisional Exemptions: Pass-through to the next phase for guidelines without enough <br />information to determine compliance <br />Examples of Not Acceptable Waivers <br />• Budgetary or project schedule constraints e.g., cost of chargers <br />• Requirements missed by the project team that cannot be addressed at later phases e.g., waste <br />management <br />• Not included in standard design and construction processes e.g., embodied carbon <br />• Small or irregular sites are not an automatic reason for a waiver <br />Developers will go through the following process to request waivers to the guidelines: <br />• Developer completes waiver request form, including justification for requested waivers. <br />• Sustainability consultant reviews waiver request form and determines whether sufficient <br />documentation and justification of alternative approach was provided and prepares memo for <br />staff. This memo includes discussion of the impacts of requested waivers on JDA sustainability <br />goals, such as greenhouse gas emissions and LEED for Communities certification, and the <br />reasonableness of the waiver request. <br />• Staff reviews waiver request memo and requests more information, approves/disapproves the <br />request, or presents the waiver request to JDA. <br />• JDA reviews waiver request memo and approves, disapproves, or otherwise provides direction to <br />the Developer on waivers and/or alternative acceptable SDG compliance measures. Developer <br />may present to JDA on sustainability plans and waiver request. <br />• Sustainability consultant incorporates acceptable SDG compliance measures into summary <br />memo, for staff to incorporate into Development Agreement. <br /> <br />