(A) Waiver. If, after the Plan Commission has denied preliminary plat approval, an applicant believes that a requirement imposed by this subchapter which was the basis for such denial would cause unnecessary hardship and that topographical or geological conditions at the site make possible some departure from the requirement without materially affecting its purpose, the applicant may petition the Board of Commissioners to that extent to authorize a waiver. Upon receipt of a written petition for waiver, the Board of Commissioners shall review the preliminary plat and application, and the decision of the Plan Commission in denying the application and plat, and place the petition for waiver on its public meeting agenda. The Planning Department shall provide notice of the hearing to interested parties as set forth above by publication and certified mail. The applicant, Planning Department, members of the Plan Commission, and interested parties will be given an opportunity to be heard at the public meeting prior to a decision to grant, deny or modify the petition for waiver. The Board of Commissioners will put in writing its decision and reasons supporting that decision, and direct the Planning Department to send the decision to the applicant. To be effective, a waiver and the reasons for it shall be recorded in the minutes of the Board of Commissioners.
(B) Lapse. If streets, water or sewer lines, or other improvements have not been substantially completed within two years of the approval of the subdivision, the subdivision plat shall be reviewed by the Plan Commission to determine the developer’s intent. A one-year extension may be granted for good cause or upon showing of substantial completion of the streets and water and sewer lines. If the Plan Commission determines the developer does not intend to proceed with the subdivision, the Plan Commission may file a notice of revocation with the recorded copy of the subdivision plat; or require the developer to post bond securing the completion of the planned improvements in such amount as the Plan Commission shall determine will adequately assure the county that the developer will complete said improvements within such specified period as is deemed appropriate by the Plan Commission.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)