These regulations shall be deemed the minimum requirements for the future
growth and development of the village which will provide adequate facilities
for the housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population.
A.
Special circumstances; hardship. Where the Board finds that, because of special circumstances of a particular plat, extraordinary hardships, not of the owner's or subdivider's making, may result from strict compliance with these regulations, it may vary or waive any of the regulations so that substantial justice may be done and the public interest secured, provided that such variation or waiver shall comply with Chapter 205, Zoning, and will not have the effect of nullifying the intent and purpose of the Comprehensive Plan (formerly "Master Plan"), Official Map or these regulations.
B.
Partitioning. In the case of a proposed partitioning, as defined in § 180-8, the Board may waive, in writing, the requirement for filing of a plat, provided that the Board shall find that:
(1)
Such partitioning is not for the purpose of offering
the two parcels for sale to the public;
(2)
Such partitioning involves no development nor conflicts with a drainageway, as defined in § 180-8;
(4)
Such partitioning conforms to and will not have the effect
of nullifying the intent and purpose of the Comprehensive Plan (formerly "Master
Plan"), Official Map or these regulations; and
(5)
Such partitioning and any restrictions which the subdivider
intends to place on the land will not adversely affect the use or development
of either parcel nor of adjoining property.
C.
Conditions. In granting any variance or waiver, the Board
shall set forth such findings in its resolution of approval and such conditions
as will substantially secure the objectives of the standards or requirements
so varied or modified.
These subdivision regulations shall become effective immediately and
shall remain in force until modified, amended or rescinded by the Board.
