Where the Planning and Zoning Commission finds that extraordinary
hardships may result from strict compliance with these regulations,
it may modify the regulations so that substantial justice may be done
and the public interest secured; provided that such modification will
not have the effect of nullifying the intent and purpose of these
regulations.
In granting modifications, the Planning and Zoning Commission
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so modified.
[Amended 4-15-2004 by Ord. No. O-04-2]
Fees to partially cover the cost of considering, examining,
and checking the several plats and plans required by these land subdivision
regulations, and for recording the final plat, shall be collected
at the application stage for each procedure. The fees shall be those
set forth in a fee schedule to be adopted by an ordinance of the Town
Council, which may be amended from time to time.
[Added 4-15-2004 by Ord. No. O-04-3]
The following fees shall be applicable to the corresponding
process. Unless otherwise stated, the fee must be paid at the time
the application for the process is filed.
A. Subdivision review fees.
(1) Tentative sketch plan or preliminary plat application fees: base
application fee of $250 plus:
(a)
For subdivisions of four or fewer units: $175 per unit.
(b)
For each unit over four units: $170 per unit.
(c)
For each unit over 10 units: $150 per unit.
(d)
For each unit over 25 units: $130 per unit.
(2) Preliminary plat review application fee (Note: These fees shall be
waived if tentative sketch plan application fees were paid. If not,
the following fees apply.): base application fee of $250 plus:
(a)
For subdivisions of four or fewer units: $200 per unit.
(b)
For each unit over four units: $190 per unit.
(c)
For each unit over 10 units: $170 per unit.
(d)
For each unit over 25 units: $150 per unit.
(3) Final plat review fee.
(a)
For subdivisions with four or fewer units: $250.
(b)
For subdivisions with more than four units: $600.
(c)
For subdivisions with more than 25 units: $1,200 per plat.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provision of these
regulations to be invalid or ineffective in whole or in part, the
effect of such decision shall be limited to those provisions which
are expressly stated in the decision to be invalid or ineffective,
and all other provisions of these regulations shall continue to be
separately and fully effective.
B. If a court of competent jurisdiction finds the application of any
provision or provisions of these regulations to any lot, building,
or other structure, or tract of land, to be invalid or ineffective,
in whole or in part, the effect of such decision shall be limited
to the person, property, or situation immediately involved in the
controversy, and the application of any such provision to other persons,
property, or situations shall not be affected.
[Amended 10-20-1988 by Ord. No. O-88-11]
Any person aggrieved by any action of the Planning and Zoning Commission pursuant to these regulations may appeal to the Town of Chesapeake Beach Board of Appeals in accordance with applicable procedures as established in Chapter
290, Zoning, of the Code of the Town of Chesapeake Beach.