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(A) (1) When there are practical difficulties and unnecessary hardships in the way of carrying out the strict letter of this section, any applicant may apply for a variance in writing to the Township Board stating the specific reasons why the variance is being requested.
(2) The Township Board shall have the power to vary or modify the application of the provisions of this section so that the intent and purpose of the subchapter shall be observed and the public safety secured.
(B) The Township Board may consider an application to waive the paving requirements for a Class A road, if one or more of the following conditions are met.
(1) The proposed private road connects to an unpaved county road or another unpaved private road.
(2) The proposed private road will receive only limited use by nine lots or less at the time of application or in the future.
(3) (a) The Township Board may attach reasonable conditions in granting any variance from any provision of the chapter, and the breach of any conditions or the failure of any application to comply with the conditions shall void the variance.
(b) The provision of the section is intended, in part, to enable variances to be granted and conditions attached to the variances to facilitate the upgrading of prior nonconforming rights-of-way and private roads to the standards of this section, in a reasonably practical manner, including, but not limited to such rights-of-way and private roads as have been established, recorded, constructed or maintained prior to the date of adoption of this chapter, which cannot be brought into conformity with the subchapter without unnecessary hardship and practical difficulty due to soil conditions, topographical considerations or other factors.
(Ord. 1, passed 11-13-2000, § 19.11)