It is the intent and policy of these subdivision regulations that any requirement imposed hereunder as a condition of development be fair and equitable to each development and be based upon the impact the proposed development is projected to have on public facilities and services which are necessitated by the proposed development or anticipated benefits derived by the development from compliance with such conditions. Any conditions placed on development shall be designated to assure the orderly growth of the community in accordance with the Comprehensive Plan. Any developer/owner who believes that proposed conditions of development will work a hardship or are in excess of the impacts caused or benefits derived by the development shall, prior to approval of any plat, identify in writing to the Town Administrator or his or her designee any such excessive conditions which the developer/owner believes are being improperly or unfairly imposed, along with any engineering or other evidence supporting the developer position. In addition, the developer shall apply for a variance from such proposed conditions in accordance with the procedures set forth in these subdivision regulations. The failure to submit a timely request for relief under these procedures shall be deemed to be the developer’s consent to the conditions imposed.
(Ord. 353, passed 7-10-2013)