(A) Application for waiver. Applications for a waiver from specific provisions of this chapter may be made in writing by the proprietor prior to approval of the final preliminary plat. The application shall be supplemented with maps, plans and other data which may aid the Planning Commission in the analysis of the proposed waiver.
(B) Planning Commission recommendation.
(1) The Planning Commission may recommend that the Township Board grant a waiver from the provisions of this chapter on a finding that undue hardship or practical difficulties result from strict compliance with specific provisions or requirements of this chapter, provided that the waiver does not pertain to requirements of the Zoning Ordinance that are under the jurisdiction of the Zoning Board of Appeals. In making the finding required herein the Planning Commission and Township Board shall take into account the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No waiver shall be recommended unless the Planning Commission finds, after a public hearing that:
(a) There are such special circumstances or conditions affecting the property so that the strict application of the provisions of this chapter would clearly be impractical or unreasonable;
(b) The granting of the waiver will not be detrimental to the public welfare or injurious to other property in the area;
(c) The variance or waiver will not violate the provisions of the Land Division Act (Michigan Public Act 288 of 1967, being M.C.L.A. §§ 560.101—560.293, as amended) or create a violation of the Township Zoning Ordinance;
(d) The waiver will not have the effect of nullifying the intent and purpose of this chapter and the Master Plan of the township; and
(e) The need for the waiver has not been self-created by the applicant and/or the applicant's predecessors.
(2) In recommending approval of a waiver request, the Planning Commission may suggest requirements or conditions that will, in its judgment, secure the objectives and requirements of this chapter.
(C) Township Board action. After receiving the Planning Commission's recommendation, the Township Board shall make a decision on the waiver request. In making its decision, the Township Board may establish requirements, time constraints or conditions that will, in its judgment, secure substantially the objectives and requirements of this chapter. The Township Board shall state the reasons for its finding or decisions as part of its official records.
(D) Township Board decision is final. The Township Board shall have the final authority on waivers from or modifications to the standards of this chapter. Appeals of the Township Board decisions shall be to a court of law.
(Ord. passed 3-18-1997)