§ 11-108. Variations.

(a)

If the provisions of these standards are shown by the developer (by plan or written statement) to cause undue hardships as they apply to the proposed land development, depending on the nature of the hardship a variance from such provisions may be granted by the Planning Board upon a three-fourths majority vote of the full Board and approved by the County Judge, so that substantial justice may be done and the public interest secured; provided that the variance will not have the effect of nullifying the intent and purpose of this Article.

(b)

In granting a variance Washington County, the Planning Board, County Road Superintendent or County Judge may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied. When any such variance is granted, the motion for approval shall include a statement describing the variance and the facts upon which the issuance of the variance is based; all such variances shall be enumerated on the final plat.

(c)

If the developer requests a reduction to the street widths or pavement sections and/or right-of-way width, the County Judge may obtain the services of a knowledgeable registered professional engineer to review the site and the developer's proposal and submit a written report of recommendations. The developer shall agree to the engineering study fee and the developer shall be responsible for reimbursing the County for any engineering study fees.

(d)

The County Judge is authorized to consult with an independent registered professional engineer if he has concerns about the impact of any development on County or public roads or drainage. This initial consultation shall be at the expense of the County. If after said consultation concerns still exist then the County Judge may retain said engineer to perform a complete analysis of said development at the expense of the developer. Preference shall be given to engineers located within one hundred (100) miles of the County.

(e)

Transfer or adjustments of a property line between adjoining property owners which does not create a landlocked parcel shall not require a variance by the Planning Board.

(Ord. No. 91-9, Art. 1, § 8.03, 4-11-91; Ord. No. 99-32, Art. 1, 7-8-99; Ord. No. 2005-3, Arts. 1—3, 2-10-05; Ord. No. 2006-34, Art. 2, 6-8-06)