Where the Planning Board finds that because
of unusual circumstances of shape, topography, or other physical features
of the proposed subdivision or because of the nature of adjacent developments,
extraordinary hardship may result from strict compliance with these
regulations, it may change the regulations so that substantial justice
may be done and the public interest secured, provided that no such
change shall be granted which will have the effect nullifying the
intent and purpose of these regulations or any other pertinent rules,
regulations or ordinances of the Village of McGraw.
A.
The standards and requirements of these regulations
may be modified by the Planning Board in the case of a plan and program
for a new neighborhood unit which, in the judgment of the Planning
Board, provides adequate public spaces and improvements for the circulation,
recreation, light, air and service needs of the tract when fully developed
and populated and which also provides such covenants or other legal
provisions as will assure conformity to and achievement of the plan.
B.
The Planning Board may waive, when reasonable, any
requirements or improvements for the approval, approval with modifications
or disapproval of subdivisions submitted for its approval. Any such
waiver, which shall be subject to appropriate conditions, may be exercised
in the event that any such requirements or improvements are found
not to be requisite in the interest of the public health, safety and
general welfare or inappropriate because of inadequacy or lack of
connecting facilities adjacent or in proximity to the subdivision.[1]
In granting variances and modifications, the
Planning Board may require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
