Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter,
the Town Board shall have the power to vary or modify the application
of any of the requirements herein relating to the use, layout and
platting of land for subdivisions, so that the spirit of the regulations
shall be observed, public safety and welfare secured and substantial
justice done.
The standards and requirements of this chapter may be modified by the Town Board in the case of plans for planned unit development or cluster-type developments, as may be permitted in Chapter 407, Zoning, or other large-scale developments which, in the judgment of the Town Board, 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.
Applications for modifications and variances
shall be submitted in writing by the subdivider at the time the preliminary
plan or final plan is filed with the Town Board. The application shall
state fully the grounds and all the facts relied upon by the applicant.
