Chapter 16.40
WAIVERS AND DEFERRALS

Sections:

16.40.010    Waivers, deviations and deferrals.

16.40.010 Waivers, deviations and deferrals.

There is established a procedure for granting waivers and deferrals of the regulations contained in this title, as follows:

A. Any subdivider can make application to the planning authority for a waiver of, deviation from or deferral of any provision contained in this title; provided, the request is received concurrently with the proposed subdivision or dedication. Such application shall include any and all details necessary to support the application. All waiver, deviation and deferral requests must be forwarded to the planning authority with the preliminary plat and addressed in the planning authority’s findings, conclusions and recommendation.

B. The planning authority shall not grant a waiver, deviation or deferral of the subdivision regulations unless it shall find that the following condition exists in each case of a request:

Where, because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existing of unusual physical conditions, the strict compliance with the provisions of this title would cause an unusual and unnecessary hardship on the subdivider, the planning authority may waive, defer or deviate from the requirements set forth in this title.

In granting waivers, deviations and deferrals, the planning authority may require such conditions as will secure, insofar as practicable, the objectives of the requirement waived or deferred. Any waiver or deferral authorized shall be entered in the minutes of the planning authority together with the circumstances that justify the waiver, deviation or deferral granted.

C. If a short plat has not been approved as final within six months after the waiver, deferral or deviation is granted, that waiver, deferral or deviation shall become null and void. (Ord. 1098 § 1, 2009; Ord. 1017-A § 2, 2005).