A. Waivers.
1. Scope. A waiver from a provision of this chapter may be granted by the town engineer when the strict application of the provision would require work by the permit holder detrimental to the purposes of this chapter and cause an unnecessary hardship to the property owner.
2. Standards. A waiver shall not be granted unless:
a. The waiver is the minimum necessary to afford relief;
b. The waiver will not be materially detrimental to the rights of owners and residents of other affected properties; and
c. The waiver is in harmony with the intent, the purposes, and the provisions of this chapter from which the waiver is requested.
3. Conditions. Conditions may be imposed on a waiver that will:
a. Secure the intent, the purposes, and the provisions of this chapter from which the waiver is granted; and
b. Provide adequately for the protection of surrounding property owners and residents.
4. Application. The request for a waiver shall be made on a form provided by the town staff and shall be heard within 30 days. Fees shall be paid in accordance with the comprehensive fee schedule adopted by the town council and amended from time to time.
5. Notice and review. Notice of the application and the hearing shall be mailed to all property owners within 300 feet of the site and shall be posted at the town's official notice positions. The town manager shall hold a hearing on the waiver request and render a decision within five working days thereafter.
6. Appeal. Within 15 days of receipt of a notice of decision from the town, the applicant may file an appeal for a hearing by the council.
B. Interpretation review.
1. Scope. Upon request by an affected person who believes there has been a misinterpretation, the town manager shall review an interpretation of a provision of this chapter made by the town engineer.
2. The request for review shall cite:
a. The disputed interpretation made by the town engineer; and
b. The words alleged to have been misinterpreted.
3. Application. The request shall be made in writing and shall be heard within 30 days. Fees shall be paid in accordance with the comprehensive fee schedule adopted by the town council and amended from time to time.
4. Notice and review. Notice of the application and the hearing shall be mailed to all property owners within 300 feet of the site and shall be posted at the town's official notice positions. The town manager shall hold a hearing on the request and render a decision within five working days thereafter.
5. Appeal. A decision of the town manager may be appealed to the council within 15 days of the decision.