(A) Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict enforcement of the regulations would entail practical difficulties or unnecessary hardships, the Village Board of Trustees by resolution, after report by the Plan and Zoning Commission, may waive or defer them in such a way that the subdivider is allowed to develop his or her property in a reasonable manner, but at the same time, the public welfare and interests of the village and county are protected and the general intent and spirit of the regulations preserved.
(B) In the event it is deemed desirable to deviate from these subdivision standards, by waiving or deferring such standard, the developer must submit, in writing, a request to the Village Planner stating the requested waiver or deferral, degree of deviation and the reasons why such waiver or deferral is necessary or desirable. The waiver or deferral must be approved in writing by the Board of Trustees prior to the final design work and shall apply to that location and point in time only.
(C) Waiver not a matter of right. No waiver is available to a subdivider as a matter of right. The burden of proving that a waiver is justified is on the subdivider.
(D) Waiver requests. The subdivider shall submit all requests for waivers in writing to the Village Planner at the time the area general plan, preliminary plat, construction plans, or final plat is submitted. The justification for the waiver and all facts relied upon by the subdivider shall be submitted in writing along with the waiver request.
(E) Standard for waiver approval. The Plan and Zoning Commission may consider and recommend, and the Village Board of Trustees may grant, waivers to the provisions to these regulations. The waiver shall not be approved unless the Village Board of Trustees finds that the waiver is justified according to the following standards:
(1) There is substantial hardship in complying with these regulations provided that the spirit and intent of this chapter shall be substantially observed, and the public welfare and safety be assured;
(2) That the granting of the waiver will not be detrimental to the public safety, health or welfare or injurious to other property located in the vicinity of the property in question;
(3) The cost or difficulty of complying with the requirements of these regulations is great compared to the gain such compliance provides to the public health, safety, and welfare.
(F) Specific considerations. In deciding whether to approve a waiver from this chapter, the Village Board of Trustees may consider, but is not limited to, the following criteria:
(1) Whether the condition upon which the request for a waiver is based is unique to the property, but not generally acceptable to other properties;
(2) Whether the property to be subdivided will be used only for farming and related residential uses;
(3) Whether the property is a planned unit development approved under the zoning ordinance, and the waivers are an approved part of the planned development;
(4) Whether the waivers are included as part of an annexation or other development agreement, provided that the standards for granting a waiver are complied with;
(5) Whether conditions may be imposed which mitigate the harm to the public caused by the failure to comply with these regulations.
(G) Conditions may be required. In approving waivers, the Village Board of Trustees may require such conditions as will in its judgment secure substantially the objectives of the standards or requirements of these regulations. Conditions imposed for the purpose of mitigating the harm caused to the public by the failure to comply with the provisions of these regulations may include, but are not limited to the following:
(1) Landscaping;
(2) Parking and on-site traffic regulation;
(3) Lighting, including the requirement of yard or lot lighting to replace street lighting;
(4) Traffic regulation including, but not limited to, on-street parking, one-side street parking, and one-way streets;
(5) Submission of the remaining tract for preliminary plat or final plat approval prior to any construction or development.
(6) Dedication of additional right-of-way for streets, highways, or easements for utilities and public infrastructure;
(7) Site plan approval;
(8) Access regulation;
(9) Payment of a fee in lieu of construction.
(H) Execution of a covenant. Execution of a covenant providing additional requirements and/or conditions necessary to the approval of the waiver may be a condition of a waiver. If a covenant is required as a condition, the covenant must be approved by the Village Attorney prior to recording.
(I) Administrative waivers. The Village Administrative Review Committee may grant minor waivers of subdivision regulation requirements administratively, without review by the Board of Trustees. Such waivers may involve small changes to construction requirements, or document preparation requirements that do not materially impact the suitability or function of the subdivision improvements and which do not result in an increase in current or future costs to be incurred by the village.
(J) Deferral or waiver of required improvements.
(1) The Board of Trustees may defer or waive at the time of construction plans or final plat approval, subject to appropriate conditions, the requirements for construction for any or all public improvements as, in its judgment, are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of the inadequacy or in existence of connecting facilities. Any determination to defer or waive construction of any public improvement must be made on the record and the reasons for deferral or waiver also shall be expressly made on the record.
(2) Whenever it is deemed necessary by the Board of Trustees to defer the construction of any public or quasi-public improvement required under these regulations because of incompatible grades, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements to the village prior to the recording of the final plat.
(Ord. 15-12-01, passed 12-15-2015)