(A) May be authorized. Where the subdivider can show that a provision of this subchapter would cause unnecessary hardship if strictly adhered to and where, in the opinion of the Council, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provisions, the Council may grant a variance. Any variance granted by the Council shall be entered in writing in the minutes of the Council and the reasoning on which the departure was justified shall be set forth.
(1995 Code, § 15-186)
(B) Improvement credit procedure. Improvements set forth in § 152.53 and required to be installed by the subdivider, which are of a public utility nature, may provide benefits to other properties in the vicinity of the land to be subdivided. Upon the installation of such improvements which cross or adjoin other properties and be used by such properties, the subdivider and the legal public authority having jurisdiction over such improvements may, by contract, agree that upon the connection or use. The new user or users shall pay to the authority with proper jurisdiction a fee in an amount agreed upon by the subdivider, and such public authority, the amount of such fees to be credited and paid to the subdivider.
(1995 Code, § 15-187)