ORANGE COUNTY, VIRGINIA

Code of Ordinances

Article III - Waivers and Appeals

Sec. 54-17. - Authority to grant.

One or more of the minimum requirements established under this chapter may be waived by the subdivision agent, upon demonstration by the subdivider that there exists an unusual situation or where strict adherence to the subdivision regulations would result in substantial injustice or hardship.

(Ord. of 3-9-2010)


Sec. 54-18. - Dedication 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, waive any requirements of this chapter where it is necessary to subdivide any or all of a parcel of property for the purpose of dedicating such subdivided property to the board, provided that it finds compliance with section 54-17.

(Ord. of 3-9-2010)

 

Sec. 54-19. - Procedure for waiver.

The subdivider, whenever possible, shall submit a request for the waiver of any minimum requirement pursuant to section 54-17 with, or prior to, the submission of a preliminary plan. Such request shall be in writing and include a specific statement of the relief requested and the reasons such request should be granted. The subdivision agent may also require such plans and drawings as needed to reach a decision on the waiver request. The subdivision agent shall make a decision on a waiver request within 30 days of receipt of the request.

(Ord. of 3-9-2010)


Sec. 54-20. - Procedure for appeal.

Any person who is aggrieved by a waiver decision of the subdivision agent under section 54-17 of this chapter may appeal to the board of supervisors. Such appeal shall be in writing and must be filed with the clerk of the board within 30 days after notification of the subdivision agent's decision.

(Ord. of 3-9-2010)


Sec. 54-21. - Authority to grant.

Upon an appeal under section 54-20, the board of supervisors shall consider whether the decision of the subdivision agent, under section 54-17, was based on a reasonable application of the prescribed standards. When the board finds the agent's decision reasonable, the board shall affirm. If the board finds the agent's decision unreasonable, the board may modify, affirm or reverse the decision.

(Ord. of 3-9-2010)


Sec. 54-22. - Time limit for acting on appeals.

The board of supervisors shall act upon any appeal of the subdivision agent's failure to grant a waiver, filed pursuant to section 54-17, within 30 days, unless there is no meeting scheduled, in which case the board shall act at its next regular meeting. Failure of the board to act within this time shall be deemed approval of the subdivision agent's decision.

(Ord. of 3-9-2010)


Sec. 54-23. - Decision final.

The decision of the board of supervisors, on an appeal under section 54-21, shall be final.

(Ord. of 3-9-2010)