A.
Extensions. All requests for an extension of time
for a sketch plan, preliminary plat or final plat approval or recordation
shall be made to the Director in writing prior to the expiration of
the period prescribed. An extension of time for a sketch plan or for
a minor subdivision may be granted by the Director. Other extensions
may be granted by the Planning Commission. Any extension request that
is granted shall not relieve the applicant from complying with all
regulations that may be in effect at the time a final plat is submitted.
B.
Waivers and modifications.
(1)
Purpose. Where the Planning Commission finds that
extraordinary conditions exist or where the purposes of these regulations
may be served to a greater extent by an alternative proposal, it may
grant waivers or modifications to these subdivision regulations so
that substantial justice may be done and the public interest secured,
provided that such waivers or modifications shall not have the effect
of nullifying the intent and purpose of these regulations or other
applicable regulations.
(2)
Procedure, findings, record.
(a)
Before meeting to consider a waiver or modification,
the Commission shall notify immediate property owners and other property
owners that may be directly impacted by the request. Said notice shall
be by certified mail sent at least seven days prior to the Planning
Commission's meeting date. The Planning Commission shall not approve
waivers or modifications unless it finds based upon evidence presented
to it by the applicant or agent in each specific case that:
[Amended 9-24-2002 by Ord. No. 312]
[1]
The granting of the waiver or modification will
not be detrimental to the public safety, health or welfare or be injurious
to other property.
[3]
The conditions upon which the request for a
waiver or modification are made are extraordinary and are not applicable
generally to other property.
[4]
Because of the particular physical surroundings,
shape or topographical conditions of the specific property involved,
a particular hardship more than a mere inconvenience would result
if the strict letter of these regulations is carried out.
[5]
The intent of these regulations is served to
a greater degree by the alternate proposal.
(b)
In granting waivers or modifications, the Commission
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so modified.
(c)
Any waiver or modification shall be appropriately
noted on the final plat.
C.
Appeals. Any person allegedly aggrieved by any decision
of the Planning Commission or its staff in the processing of a subdivision
has the right to appeal such decision to the Dorchester County Board
of Appeals. The Commission can refer a subdivision at any phase to
the Board of Appeals for any variance, special exception or modification
needed.
Fees to cover the costs of considering, examining
and checking the several plats and plans required herein and of recording
the final plat shall be collected at the time of filing a preliminary
plat, in accordance with a fee schedule of charges, adopted by resolution
of the Dorchester County Commissioners.
The Director of Planning for Dorchester County
shall be the enforcement officer for these regulations.
