A.
The Commission may grant a variance to the provisions
contained herein where, by reason of the exceptional shape of a specific
piece of property or where by reason of exceptional topographic conditions,
the strict application of these subdivision regulations would result
in extreme practical difficulties and undue hardship upon the owner
of such property. However, such relief may only be granted without
detriment to the public good and without substantially impairing the
intent and purposes of these subdivision regulations.
B.
In granting such variances or modifications, the Commission
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
The standards and requirements of these subdivision
regulations may be modified by the Commission in the case of plans
for complete communities or neighborhood units or other large-scale
developments which, in the judgment of the Commission, achieve substantially
the objectives of the regulations contained herein and which are further
protected by such covenants or other legal provisions as will assure
conformity to and achievement of the plan.
Any subdivider aggrieved by a finding, decision
or recommendation of the Commission may request and receive opportunity
to appear before the Commission, to present additional relevant information
and to request reconsideration of the original finding, decision or
recommendation.
A.
Application for modifications and variances shall
be submitted in writing by the subdivider at the time the preliminary
plan is filed with the Commission. The application shall state fully
the grounds and all the facts relied upon by the applicant.
B.
Applications for reconsideration shall be submitted
in writing by the subdivider not less than 10 calendar days in advance
of the meeting at which reconsideration is desired.
In granting a modification or variance, the
Commission shall record its actions and the grounds for granting the
modification or variance in its minutes. A statement showing the date
that such modification or variance was granted shall be affixed to
the final plan.
