(a)
Purpose.
The purpose of a petition for a subdivision
waiver of a particular standard or requirement of these subdivision
regulations, as such are applicable to plats or construction plans,
is to determine whether a particular standard or requirement should
be applied to an application or modified.
(b)
Subdivision waiver applicability.
(1)
Waiver of standard or requirement.
(A)
An applicant may request a subdivision waiver of
a particular standard or requirement applicable to a preliminary plat,
to construction plans, or where no preliminary plat application has
been submitted for approval, to a final plat or a replat.
(B)
A subdivision waiver petition shall be specific
in nature, and shall only involve relief consideration for one particular
standard or requirement.
(C)
An applicant may submit more than one subdivision
waiver petition if there are several standards or requirements at
issue.
(D)
A subdivision waiver shall be processed with the
related plat application.
(d)
Subdivision waiver criteria.
(1)
Undue hardship present.
A subdivision waiver
to regulations within this subdivision ordinance may be approved only
when, in the planning and zoning commission and town council's
opinion, undue hardship will result from strict compliance with the
regulations.
(2)
Consideration factors.
The planning and zoning
commission and town council shall consider the following factors:
(A)
The nature of the proposed land use involved and
existing uses of the land in the vicinity;
(B)
The number of persons who will reside or work in
the proposed development; and
(C)
The effect such subdivision waiver might have on
traffic conditions and upon the public health, safety, convenience,
and welfare in the vicinity.
(3)
Findings.
No subdivision waiver shall be granted
unless the planning and zoning commission and town council find:
(A)
That there are special circumstances or conditions
affecting the land involved or other physical conditions of the property
such that the strict application of the provisions of this subdivision
ordinance would deprive the applicant of the reasonable use of their
land; and
(B)
That the subdivision waiver is necessary for the
preservation and enjoyment of a substantial property right of the
applicant, and that the granting of the subdivision waiver will not
be detrimental to the public health, safety, or welfare or injurious
to other property in the area; and
(C)
That the granting of the subdivision waiver will
not have the effect of preventing the orderly subdivision of other
lands in the area in accordance with the provisions of this subdivision
ordinance.
(4)
Intent of subdivision regulations.
(A)
A subdivision waiver may be granted only when waiving
the requirement requested is in harmony with the general purpose and
intent of the subdivision regulations so that the public health, safety,
and welfare may be secured and substantial justice done.
(B)
Financial hardship alone to the applicant shall
not constitute undue hardship.
(5)
Minimum degree of variation.
No subdivision waiver
shall be granted unless it represents the minimum degree of variation
of requirements necessary to meet the objective of the applicant in
requesting the waiver.
(6)
Violations and conflicts.
The planning and zoning
commission and town council shall not authorize a subdivision waiver
that would constitute a violation of, or conflict with, any other
valid ordinance, code, regulation, master plan, or comprehensive plan
of the town.
(7)
Falsification of information.
(A)
Any falsification of information by the applicant
shall be cause for the subdivision waiver request to be denied.
(B)
If the subdivision waiver request is approved based
upon false information, whether intentional or not, discovery of such
false information shall nullify prior approval of the subdivision
waiver, and shall be grounds for reconsideration of the subdivision
waiver request.
(e)
Burden of proof.
The applicant bears the burden
of proof to demonstrate that the requirement for which a subdivision
waiver is requested imposes an undue hardship on the applicant. The
applicant shall submit the proof with the application.
(f)
(g)
Effect of approval.
(1)
Submission and processing.
Following the granting
of a subdivision waiver, the applicant may submit or continue the
processing of a plat or construction plans, as applicable.
(2)
Expirations.
The subdivision waiver granted shall
remain in effect for the period the plat or construction plans are
in effect, and shall expire upon expiration of either or both of those
applications.
(3)
Extensions.
Extension of the plat or construction
plans applications shall also result in extension of the subdivision
waiver.
(Ordinance 2024-03 adopted 2/6/2024)
Subdivision proportionality appeals will be processed according to section 10.02.142(d) (apportionment of town infrastructure cost) and pursuant to TLGC section 212.904 or successor statute.
(Ordinance 2024-03 adopted 2/6/2024)
Petitions (requests) to develop projects under previous regulations will be processed according to town's adopted vesting policy (article 10.04 vested rights) and pursuant to Texas Local Government Code, chapter 245 or successor statute.
(Ordinance 2024-03 adopted 2/6/2024)
