Where, in the case of a particular
proposed subdivision, it can be shown that strict compliance with
the requirements of this chapter would result in extraordinary hardship
to the subdivider because of unusual topography or other conditions
which are not self-imposed or that these conditions would result in
inhibiting the achievement of the objectives of these regulations,
the Commission may vary, modify or waive the requirements so that
substantial justice may be done and the public interest secured; provided,
however, that such variance, modification or waiver will not have
the effect of nullifying the intent and purpose of this chapter or
be contrary to the goals and objectives of the Comprehensive Plan
for the county. In no instance shall it result in any conflict with
the proposals of the adopted Major Thoroughfare Plans for Sussex County
or the State of Delaware or the Zoning Ordinance.[1]
Where land within the unincorporated
territory of Sussex County is proposed for development in accordance
with the provisions of the Comprehensive Zoning Ordinance[1] pertaining to the establishment of Residential Planned Community Districts, the requirements and conditions for approval as set forth in Chapter 115, Zoning, shall prevail in the case of any conflict with these regulations; provided, however, that nothing in this section shall be construed as permitting any exception from the requirements of these regulations with regard to the design, arrangement or improvement of streets and highways within any proposed Residential Planned Community District.
Variances, modifications and waivers
from the requirements of this chapter shall be granted only by the
affirmative vote of a majority of the members of the Commission. In
granting variances, modifications and waivers, the Commission may
require such conditions as will, in its judgment, substantially secure
the objectives of the requirements so varied, modified or waived.
This section does not apply to the requirements of other public agencies.
