(A) Where the Town Mayor or designees and affected agencies find that undue hardship or unreasonable practical difficulty may result from strict compliance with this subchapter, the Town Mayor shall approve a waiver to the requirements of this subchapter if the waiver serves the public interest. However, if in the opinion of the Town Mayor, the intensity and location of the development warrants an evaluation by the Town Council, the Town Mayor may require that the applicant obtain Council approval. The applicant shall be advised by the town, when it is determined that board action will be required.
(B) Conditions. An applicant seeking a waiver shall submit a written request to the Town Mayor for the waiver stating the reasons for the waiver and the facts which support such waiver. All requests for waivers must be submitted prior to or in conjunction with a right-of-way/easement permit application, preliminary plat, final engineering, final plat approval, or other applicable land development application. A waiver, unless they determine the following:
(1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the code is carried out.
(2) The granting of the waiver will not be injurious to the other adjacent property;
(3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought and are not generally applicable to other property and do not result from actions of the applicant; and
(4) The waiver is consistent with the intent and purpose of the town zoning regulations, the town land use plan of the town and the requirements of this subchapter.
(5) Delays attributed to state or federal permits.
(6) Natural disasters.
(7) The Town Engineer and affected agencies, applicable, concur that an undue hardship was placed on the applicant.
If the Town Mayor approves a waiver, the Town Engineer may attach such conditions to the waiver to assure that the waiver will comply with the intent and purpose of this Code.
(Ord. 2018-06, passed 8-29-2018)