Any person or entity contesting any disapproval and/or the interpretation and/or the application of any rule, standard, regulation, determination, requirement or necessity set forth in these regulations shall have the right to have a hearing before the town council. Such appeal shall be filed in writing within seven (7) days of the adverse determination in accordance with the requirements of these regulations. The hearing shall be held within twenty-four (24) days after the date the written request is filed. Decision of the town council shall be final, and such further appeal shall be in accordance with appropriate law.
(Ordinance 98-08, sec. 6.1, adopted 4/21/98; Ordinance 2001-21, sec. 6.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.01)
(a) 
Except as provided in subsection (b) of this section, any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in a sum not to exceed two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(b) 
Any person violating any provision of this article, on real property which is located within the extraterritorial jurisdiction (ETJ) of the town subject to the requirements of this article, shall not be guilty of a misdemeanor as provided by subsection (a) of this section. However, the town may institute an action in the district court of the county where the real property is located to enjoin the violation of any municipal ordinances or codes applicable in the ETJ.
(Ordinance 98-08, sec. 6.2, adopted 4/21/98; Ordinance 2001-21, sec. 6.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.02)
On behalf of the town, the town attorney, when directed by the town council, shall institute appropriate action in a court of competent jurisdiction to enforce the provisions of these regulations or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or part of the provisions of these regulations that is located within the town or within the extraterritorial jurisdiction of the town.
(Ordinance 98-08, sec. 6.3, adopted 4/21/98; Ordinance 2001-21, sec. 6.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.03)
(a) 
The town council shall have the ultimate power to grant or reject waivers to the subdivision regulations upon receipt of a recommendation from the planning and zoning commission. The town council may authorize a waiver from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the town council shall prescribe only conditions that it deems necessary to or desirable in the public interest, which will substantially secure the objectives of these regulations. In making the findings hereinbelow required, the town council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the town council shall make findings based upon evidence in each specific case that:
(1) 
There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these regulations would deprive the applicant of the reasonable use of the land; and
(2) 
The conditions upon which the request for variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and
(3) 
The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(4) 
The granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
(5) 
The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the adopted comprehensive land use plan and the provisions of these regulations.
(b) 
Such findings of the planning and zoning commission and the town council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the town council meeting at which such waiver is granted or denied. Waivers may be granted only when in harmony with the general purpose and intent of the adopted comprehensive land use plan and these regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship standing alone shall not be deemed to constitute undue hardship. The town council determination shall be final.
(c) 
An application for waiver shall be submitted in writing by the applicant at the time when the preliminary plat or final plat is filed for consideration by the planning and zoning commission. The application shall state fully the grounds for the application and all of the facts relied upon by the applicant.
(d) 
The planning and zoning commission shall recommend the grant or denial of a waiver based upon the considerations outlined in subsection (a) of this section.
(e) 
The planning and zoning commission, in the recommendation of a waiver of the town council, shall submit to them a letter containing all the specific facts and pertinent data upon which such a waiver has been based applying the criteria listed in subsection (a) of this section.
(Ordinance 98-08, sec. 6.4, adopted 4/21/98; Ordinance 2001-21, sec. 6.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.04)