See also §
117-6 for additional provisions.
A. General.
(1) Modifications of the requirements of this chapter may be granted
by the governing body only.
(2) Requests for modification shall be in writing and shall accompany
the plat submission or other application for approval.
(3) The written request shall state:
(a)
All of the grounds and facts of unreasonableness or hardship
on which the request is based;
(b)
The provision or provisions of this chapter involved, specifying
section or sections; and
(c)
The minimum modification necessary.
B. Standards. The governing body may, in its sole discretion, grant
a modification of one or more requirements of this chapter, upon request,
if:
(1) Literal enforcement would exact undue hardship because of the peculiar
conditions pertaining to the land in question;
(2) The aforesaid hardship is not of the developer's own making or causation;
(3) The modification requested will not be contrary to the public interest;
and
(4) The purpose and intent of this chapter will be observed.
C. Records. The governing body shall keep a written record of all requests
for modification and of all action taken on the request.
D. No deemed approval. The failure of the governing body to act on a
request for modification shall be a denial of the request.
The governing body is authorized to pursue, in addition to the
other remedies stated in this article, any and all remedies available
at law or in equity, civil or criminal, to compel compliance with
this chapter or to punish violations thereof.