Where areas have been predominantly improved
with residences prior to the adoption of this chapter, including leased
properties, the municipality may not require improvements to be made
in such areas when the property is subdivided.
In any particular case where the developer or
his or her engineer can show by plan and/or written statement that,
by reason of exceptional topographic or other physical conditions,
strict enforcement of one or more requirements of this chapter would
result in extreme practical difficulties and undue hardship, the municipality
may grant reasonable modifications, provided that they:
A. Will not be contrary to the public interest.
B. Will not impair the intent and purpose of this chapter
or the desirable general development of the neighborhood and the community.
C. Do not include any relaxation of the grading provisions of this chapter as are contained in §
305-24 herein.