(A) General basis. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of this chapter may be served to a greater extent by an alternative proposal, the Commission may approve waivers to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that the waivers shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Commission shall not approve waivers unless findings shall be made based upon the evidence presented to the Commission 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 are based are unique to the property for which the waiver is sought and are not applicable generally to the property;
(3) Because of the particular physical surroundings, shape, or topographical conditions for the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this chapter is carried out;
(4) The waiver will not in any manner conflict with the provisions of Chapter 156 of this code or the Comprehensive Plan as interpreted by the Plan Commission; and
(5) Upon due deliberation and affirmative finding of divisions (A)(1) through (A)(4) inclusive of this section, the Commission may modify requirements, standards, and specifications so as to promote the public health, safety, and welfare, and prevent detriment to the use and value of the land, provided however, that nothing herein shall be construed as altering or conflicting with the duties of the Board of Zoning Appeals pursuant to I.C. 36-7-4-900 series, as currently amended.
(B) Conditions. In approving waivers, the Commission may require conditions as will, in the Commission’s judgment, secure substantially the objectives of the standards or requirements of these regulations.
(C) Procedures. A petition for any waiver shall be submitted in writing by the subdivider at the time when the primary plat is filed for the consideration of the Commission with fees payable to the town in accordance with the schedule of fees adopted by town ordinance. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner. The deadline for submitting waiver petition applications is the same as for primary plat applications.
(Ord. 27, § 1.10.130, passed 4-16-1997)