§ 2.3G DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS.
   (A)   The Plan Commission shall have the authority to defer or waive, in its discretion, at the time of primary plat approval and subject to any appropriate conditions, the provision of any or all of the public improvements required by this ordinance which, in the judgement of the Plan Commission, are:
      (1)   Not required to protect the public health, safety and general welfare;
      (2)   Inappropriate because of incompatible grades, future planning, the inadequacy or non-existence of connecting facilities; or
      (3)   Inappropriate for other reasons presented to and agreed to by the Plan Commission. Any determination to defer or waive the provisions of any public improvements or installations required by this ordinance shall be accomplished by way of a motion, approved by a majority vote of the Plan Commission at a public hearing, which motion shall include the reasons for the deferral or waiver.
   (B)   When the Plan Commission, in its discretion, determines that a deferral of an improvement or installation is appropriate, the subdivider shall post a separate performance bond or irrevocable letter of credit, in an amount determined by the Plan Commission, guaranteeing completion of the deferred improvements or installations upon demand by the town.
(Ord. 22-97, passed - -1997)