A. General. Where the Plan Commission finds that extraordinary hardship or practical difficulty may result from the strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by alternative standards, ti may approve waivers to these subdivision regulations so that substantial justice may be done and the public interest secured; provided that such waivers shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Plan Commission shall not approve waivers unless it shall make written findings based upon the evidence presented to it in each specific case that:
1. The granting of the waiver will not be detrimental to the public safety, health, or welfare or injurious to other nearby property;
2. The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not applicable generally to other property;
3. A particular hardship to the owner will result because of the particular physical surroundings, shape or topographical conditions of the specific property involved, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; and
4. The waiver will not in any manner contravene the provisions of the Town Zoning Ordinance, Comprehensive Plan, or Official Map as interpreted by the Plan Commission and the Town Engineer.
B. Conditions. In approving waivers, the Plan Commission may impose such conditions as will, in its judgment, secure substantially the objective of these regulations.
C. Procedure. A petition for any such waiver shall be filed separately by the subdivider at the time when the petition for subdivision is filed for the consideration of the Plan Commission. The petition shall state fully the grounds for the waiver and all of the facts relied upon by the petitioner. The Plan Commission shall have no authority to grant waivers other than those required on the petition for waivers.
(Ord. No. 1638, § 1, 2-9-05)