Division 7 – Waivers and Appeals

§ 19.5-70 Waiver of requirements.

A. Qualification for waiver. One or more of the minimum requirements established under this chapter may be waived by the Appomattox County Board of Supervisors, upon assurance of the subdivider that each of the following conditions has been met:

(1) There exists an unusual situation or where strict adherence to the subdivision regulations would result in substantial injustice or hardship.

(2) The minimum requirement, if applied to the proposed subdivision, would impose an unreasonable burden upon the subdivider.

(3) The granting of such waiver will have no substantially adverse effect on the future residents of the proposed subdivision, nor upon any property adjoining such proposed subdivision.

B. Governing body. Notwithstanding any other provisions of the law, the Appomattox County Board of Supervisors may, in its discretion, waive any requirement of this chapter where it is necessary to subdivide any or all of a parcel. The Appomattox County Board of Supervisors may refer any waiver request to the Planning Commission for a recommendation prior to it taking formal action.

C. Procedure for waiver.

(1) The subdivider, whenever possible, shall submit a request for the waiver of any minimum requirement 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 require such plans, drawings, or other information as needed to assist the Board of Supervisors in reaching a decision.

(2) The Subdivision Agent, upon receipt of a waiver request under this section, shall schedule the matter on the next available agenda of the Appomattox County Board of Supervisors. The Subdivision Agent should prepare a report to accompany the request. The Board of Supervisors may receive testimony from the applicant or any person who may offer relevant information to the proceeding.

(3) The Board of Supervisors shall act upon any waiver request filed under this section within 60 days of its appearance on the Board agenda.

§ 19.5-71 Appeals to Board of Supervisors.

A. When an applicant is aggrieved by the decision of the Subdivision Agent or Planning Commission, he or she may, within 10 days of the date of notification of such a decision, appeal the decision to the Appomattox County Board of Supervisors. Such appeal shall be made in writing to the Subdivision Agent and shall state the specific act (or failure to act) and/or specific interpretation which is being appealed.

B. The Subdivision Agent, upon receipt of an appeal under this section, shall schedule the matter on the next available agenda of the Appomattox County Board of Supervisors. The Subdivision Agent should prepare a report to accompany the request. The Board of Supervisors may receive testimony from the applicant or any person who may offer relevant information to the proceeding.

C. The Board of Supervisors shall act upon any appeal filed under this section within 30 days of its appearance on the Board agenda. Failure to act within this time shall be deemed affirmation of the Subdivision Agent or Planning Commission.

D. The Appomattox County Board of Supervisors shall consider whether the decision of the Subdivision Agent or the Planning Commission was based on a reasonable application of the prescribed standards. When the Board of Supervisors finds the Subdivision Agent’s or Planning Commission’s decision reasonable, the Board shall affirm; if unreasonable, the Board may modify and affirm or reverse the decision.

§ 19.5-72 Appeals to Circuit Court.

If the Planning Commission or other agent disapproves a plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he or she may appeal to the Circuit Court having jurisdiction of such land, and the Court shall hear and determine the case as soon as may be, provided that the appeal is filed with the Circuit Court within 60 days of the written disapproval by the Commission or other agent.