§ 46-15. Modifications.

(a)

Authorization. The town council may authorize a modification of these regulations when, in its opinion, undue hardship may result from strict compliance with these regulations. Such a modification shall be granted only to the extent that is absolutely necessary and not to an extent which would violate the intent of this chapter.

(b)

Procedure. A petition for any such modification shall be submitted in writing by the subdivider to the subdivision administrator. The petition shall include:

(1)

The precise nature of the proposed modification of this chapter.

(2)

The reasons that the need for the modification has occurred.

(3)

A plat of the subject property drawn to a scale, suitable for recordation in the office of the appropriate county register of deeds, in which the property is located, indicating:

a.

North arrow.

b.

Dimensions of the subject property.

c.

The precise dimensions of the modification requested.

(4)

The grounds for the modification and all facts relied upon by the subdivider.

(c)

Review and recommendation. The subdivision administrator shall review the petition and submit his written comments and recommendations with the petition to the planning board. The planning board shall consider the modification request and make a recommendation regarding the modification to the town council. The modification request and any recommendation from the planning board may be handled simultaneously by the planning board with the sketch plan for a conservation subdivision; however, a modification shall be granted prior to the zoning administrator's approval of a sketch plan for a conventional subdivision.

(d)

Consideration by town council. The town council shall consider the modification request once a recommendation has been received from the planning board, or the time for planning board review has elapsed with no recommendation having been forwarded, whichever comes first. In granting any modification, the town council shall make the findings required in this subsection, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No modification shall be granted unless the town council finds that:

(1)

There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.

(2)

The modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3)

The circumstances giving rise to the need for the modification are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this chapter.

(4)

The granting of the modification will not be detrimental to the public health, safety and welfare or be injurious to other property in the territory in which said property is situated.

(5)

The modification will not vary the provisions of chapter 58 applicable to the property.

(6)

The need for modification is not a direct result of actions taken by the applicant or property owner.

In approving modifications, the town council may require such conditions as will, in its judgment, secure substantially the objectives and standards or requirements of this chapter.

(Ord. No. 04-09-13, § 206, 9-13-2004; Ord. No. O-2006-02, § 206, 2-13-2006; Ord. No. O-2018-03, 6-11-2018)