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If the County Board approves of a vacation, the Chief Subdivision Engineer must sign the deed of vacation (quit claim deed). The applicant must present the Plat Committee’s approval of the vacation and the deed of vacation for recording with the County Recorder of Deeds.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) The vacation of any subdivision plat or right-of-way does not constitute a vacation of the rights of any other individual or agency in, or related to, the subdivision plat or right-of-way.
(B) The approval of a vacation does not, for example, vacate the rights of a public utility with facilities in the subject right-of-way.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
WAIVERS AND MODIFICATIONS
(A) Minor waiver or modification. A request to deviate from any of the subdivision application submittal requirements may be classified and processed as a minor waiver or modification. The Chief Subdivision Engineer is authorized to review and approve minor waivers or modifications.
(B) Major waiver or modification.
(1) (a) A request to deviate from any of the subdivision design and improvement standards of this chapter or from any requirement that does not qualify for processing as a minor waiver or modification (see division (A) above) is classified as a major waiver or modification.
(b) Only the County Board is authorized to review and approve major waivers or modifications.
(2) The requirements of the County Stormwater Management Ordinance may be varied only in accordance with the procedures specified in the Stormwater Management Ordinance.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) Application filing. Complete applications for minor waivers or modifications must be submitted to the Chief Subdivision Engineer. At a minimum, the application must include:
(1) A description of the specific requirement or standard to be waived or modified; and
(2) All reasons and justifications for the requested waiver or modification.
(B) Review and action.
(1) Upon receipt of a complete application of a minor waiver or modification, the Chief Subdivision Engineer may distribute copies to other officials and agencies for review and comment.
(2) The Chief Subdivision Engineer may approve the minor waiver or modification only if the Chief Subdivision Engineer determines that the requested minor waiver or modification will in no way compromise the intent of this chapter.
(3) Reasonable conditions may be imposed to ensure that the minor waiver or modification will not compromise the intent of this chapter.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) Application filing. Complete applications for major waivers or modifications must be submitted to the Chief Subdivision Engineer. At a minimum, the application must include:
(1) A description of specific requirement or standard to be waived or modified; and
(2) The reasons and justifications for the request.
(B) Review and action. Requests for major waivers or modifications must be processed concurrently with applications for plat approval. The process is the same as required for major subdivision approval except that final authority to approve or deny the requested major waiver or modification rests with the full County Board.
(C) Approval criteria. Major waivers or modifications may be approved or recommended for approval only if review and decision-making bodies find that:
(1) Because of the particular physical surroundings, shape, topography or other specific conditions of the subject property, strict compliance with this chapter would cause a particular hardship upon the property owner, as opposed to a mere inconvenience;
(2) The conditions upon which the waiver or modification request are based are unique to the subject property and not applicable, generally, to other property;
(3) The hardship has not been self-created;
(4) The requested waiver or modification will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the area in which the subject property is located;
(5) The requested waiver or modification does not conflict with the County Stormwater Management Ordinance; and
Commentary:
Requests for waivers of modifications to the County Stormwater Management Ordinance may be processed only in accordance with the requirements of the Stormwater Management Ordinance.
Requests for waivers of modifications to the County Stormwater Management Ordinance may be processed only in accordance with the requirements of the Stormwater Management Ordinance.
(6) The waiver or modification is the least deviation from this chapter that will mitigate the hardship found to exist on the subject property.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
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