Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, if any, the Master Plan, if any, or Chapter 150, Zoning, of the Town of Fenton.
The Planning Board may waive the provision of certain required improvements
if it determines that, due to special circumstances of a particular plat,
certain improvements are not requisite in the interest of the public health,
safety and general welfare or are inappropriate because of inadequacy or lack
of connecting facilities adjacent or in proximity to the proposed subdivision.
In granting variances and waivers, the Planning Board shall require
such conditions as, in its judgment, will substantially secure the objectives
of the standards or requirements so varied or waived.
Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the regulations in Chapter 150, Zoning, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
