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leaves too much up to the unbridled discretion of the supervisors.” It says nothing about notifying neighboring landowners, who have a right to notice that an exception is being considered, he said.
In addition, the ordinance should specify exactly what provisions are eligible for exceptions, he continued. “There are things that under no circumstances you should get an exception from,” he maintained, citing controls on steeply sloped conservation land, the prohibition against new lots of less than 25 acres on rights-of-way less than 50 feet, road frontage requirements and minimum lot widths. “You’ve got to draw a limit,” he told the Planning Commission.
“This proposal is making a very significant change,” Mr. Konick said, noting that the old version allowed for exceptions only from specific “quantitative and qualitative” standards, such as requirements for gutters and sidewalks. But the proposed amendment allows for exceptions to general subdivision ordinance requirements for right-ofway width and road frontage, he pointed out.
“Really bad”
But “what’s really bad,” the attorney said, is the allowance for exceptions in “unusual circumstances.” Every single plat that comes before the Board of Supervisors and the Planning Commission involves unusual circumstances, he maintained. “Who’s going to make the decision on what’s unusual and what’s not? How do you define unusual? How are you going to enforce this in a fair manner?” he asked. “I’ll tell you how it’s going to be enforced — if you’re my buddy, you qualify. If you’re not,
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