§ 19-112. Agent authority to grant waivers; appeal process.

(a)

In cases of unusual situations or where strict adherence to the general regulations in this chapter would result in a substantial injustice or hardship to the subdivider, the agent may waive any of the county standards in this chapter, under the terms, procedures, and conditions established in this section. A waiver may be permitted if, in the opinion of the agent, exceptional topographic conditions or other extraordinary or unusual conditions necessitate such. No waiver shall be granted which would be illegal, in contravention of any mandatory provisions of state or federal laws or regulations, or prejudicial to the health and safety of county citizens.

(b)

If a violation or error that is not in accordance with the approved standards is noted during the plat review process, the subdivider will be notified through the normal review procedure. The subdivider shall submit any request for a waiver, in writing, within sixty (60) days of the date of such notification. If the subdivider requests a waiver the agent may establish that the subdivision plat review process will cease until the waiver process is finalized.

(c)

The subdivider shall submit to the agent, with the appropriate application fee, a written request for a waiver of a requirement or standard stating the requested relief and the reasons the request should be granted. The subdivider shall examine and submit to the agent alternative methods to attempt to comply with the intent of that requirement. Any supportive drawings, maps, plans, or other information necessary to review the request must be submitted to the agent. The agent will consider the application with the supporting documentation and will take action on a waiver request within thirty (30) days of the waiver request and all required supporting materials being submitted.

(d)

The agent shall preserve and record the application for a waiver and the basis for granting or denying any request. The agent may grant the waiver with such additional or alternative conditions as deemed appropriate.

(e)

The subdivider may appeal any decision of the agent on a waiver request to the board of supervisors. Written notice of the appeal must be filed with the clerk to the board of supervisors within thirty (30) days of the decision by the agent.

(f)

Consideration of the appeal shall be placed on the board of supervisor's agenda for consideration and public hearing as soon thereafter as all notice and other requirements herein may be complied with, but in no event later than sixty (60) days from date the notice of appeal was filed. Notice of the public hearing shall be given by publication and by mailing as set forth in Code of Virginia, § 15.2-2204 (1950, as amended). The costs for notice shall be the responsibility of the party appealing the agent's decision.

(g)

The clerk to the board of supervisors shall transmit to the board of supervisors the subdivider's request, together with all supporting documentation, from the records of the agent and any additional pertinent information and documentation that may be available for consideration at the hearing.

(h)

The board of supervisors shall make and record its decision in accordance with the criteria set forth in section 19-112(a) of this chapter. Approval of the subdivider's request for a waiver shall be by majority vote of the board members present at the hearing and the board may impose such additional or alternative conditions, as it may deem appropriate.

( Ord. of 05-12-2019(1) , 5-21-19)

( Ord. of 05-12-2019(1) , 5-21-19)