[Ord. No. 45,
art. XIV, eff. 10-15-1973; Ord. No. 45-1, eff. 7-25-1980]
(a)
The township board may authorize a variance of any of the engineering
standards established or may waive the installation of an improvement
when it determines that undue hardship or practical difficulty necessitates
such variance or waiver. In granting such variance or waiver, the
board shall prescribe other conditions that it deems necessary or
desirable for the public interest. No variance shall be granted unless
the township board finds:
(1)
There are special circumstances or conditions affecting the
project improvement such that a strict application of the provisions
of this article would deprive the applicant of reasonable use of his
property; and
(2)
That the variance is necessary for the preservation and enjoyment
of the substantial property right of the applicant; and
(3)
That the granting of the variance will not be detrimental to
the public welfare or injurious to other property in the area in which
such property is situated; and
(4)
That an alternate standard or material proposed by the applicant
provides the same functional equivalency as the standard or materials
required by this article, and that the alternate standard or material
will provide a useful life of the improvement equal to the expected
useful life of such improvement had such improvement been installed
in strict conformity with this article.
(b)
Application for any such variance shall be submitted in writing by
the owner at the time the preliminary plans are submitted, stating
fully and clearly all facts relied upon by the owner and shall be
supplemented with maps, plans, or other additional data which may
be in the analysis of the proposed project. The plans for such development
shall include such covenants, restrictions or other legal provisions
necessary to guarantee the full achievement of the plan.
