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Appendix B-Subdivision Ordinance - Bedford County, Virginia

Appendix B-Subdivision Ordinance - Bedford County, Virginia

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- CODE OF THE COUNTYAPPENDIX B - SUBDIVISION ORDINANCEARTICLE 8 - WAIVERS AND APPEALSDIVISION 2 APPEALSbe adequate. Wherever possible, it is desirable that the drainage be maintained by an open channelwith landscaped banks and adequate width for maximum flow volume.ARTICLE 8WAIVERS AND APPEALSDIVISION 1 - WAIVER OF REQUIREMENTSDIVISION 2 - APPEALSDIVISION 1WAIVER OF REQUIREMENTS8.1 Authority to grant.8.2 Dedication of subdivided property to board of supervisors, waiver of requirements.8.3 Procedure for waiver.8.1Authority to grant.One (1) or more of the minimum requirements established under this category may be waived by theplanning commission, upon assurance of the subdivider that each of the following conditions has beenmet:1. There exists an unusual situation or where strict adherence to the subdivision regulations wouldresult in substantial injustice or hardship.2. The minimum requirement, if applied to the proposed subdivision, would impose anunreasonable burden upon the subdivider.3. The granting of such waiver will have no substantially adverse effect on the future residents ofthe proposed subdivision, nor upon any property adjoining such proposed subdivision.8.2Dedication of subdivided property to board of supervisors, waiver of requirements.Notwithstanding any other provisions of the law, the board of supervisors may, in its discretion, waiveany requirements of this ordinance where it is necessary to subdivide any or all of a parcel of property forthe purpose of dedicating such subdivided property to the board, provided that is [it] finds compliance withsection 8.1(2).8.3Procedure for waiver.1. The subdivider, whenever possible, shall submit a request for the waiver of any minimumrequirement with, or prior to, the submission of a preliminary plan. Such request shall be in writingand include a specific statement of the relief requested and the reasons such request should begranted. The subdivision agent may also require such plans and drawings as needed to assist theplanning commission in reaching its decision.2. The agent, upon receipt of a waiver request under this section, shall schedule planning commissionconsideration within thirty (30) days of receipt thereof, and shall prepare a staff recommendation onthe request. The planning commission may make a decision on the written record and may alsoreceive testimony, if is so desires.<strong>Bedford</strong> <strong>County</strong>, <strong>Virginia</strong>, Code of <strong>Ordinance</strong>s Page 39

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