A.
Where the Planning Board finds that compliance with
this chapter would cause unusual hardship or extraordinary difficulties
because of exceptional and unique conditions of topography, access,
location, shape, size, drainage or other physical features of the
site, the minimum requirements of the chapter may be modified to mitigate
the hardship, provided that the public interest is protected and the
development is in keeping with the general spirit and intent of this
chapter.
The standards and requirements of this chapter
may be modified by the Planning Board in the case of a plan and program
for a planned residential development which in its judgment provides
adequate public space and improvements for the circulation, recreation,
light, air and service needs of the tract when fully developed and
which also provides such covenants or other legal provisions as will
assure conformity to and achievement of the plan.
A.
When the zoning regulations are amended to so permit,
the Planning Board may approve plats with lot dimensions below the
minimum area standard normally required in the zoning district, provided
that equivalent additional land is set aside as open or recreational
space or that part of the proposed development is designated for lower
density development. In either case, the average density for the entire
plat shall not exceed permitted by the zoning regulations.[1]
B.
Open or recreational space in such plats may be public
or adequately secured for such purposes by private deed restrictions
acceptable to the Planning Board.
A.
The Planning Board may waive the requirements for
such subdivision improvements as in its judgment of the special circumstances
of a particular plat or plats are not requisite in the interests of
the public health, safety and general welfare.
B.
The Planning Board may also waive the requirements
for such subdivision improvements as in its judgment of the special
circumstances of a particular plat or plats are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
In granting waivers or modifications, the Planning
Board may require such reasonable conditions as will in its judgment
secure substantially the objectives of the standards or requirements
so waived or modified.
