Where the Planning Board finds that extraordinary
and unnecessary hardships may result from strict compliance with these
rules and regulations, it may vary the requirements so that substantial
justice may be done and the public interest secured, provided that
such variations will not have the effect of nullifying the intent
and purpose of the Official Map, the Comprehensive Plan or the Zoning
Ordinance.
Where the Planning Board finds that, due to
the special circumstances of a particular plat, the provision of certain
required improvements is not requisite in the interest of the public
health, safety and general welfare or is inappropriate because of
inadequacy or lack of connecting facilities adjacent or in proximity
to the proposed subdivision, it may waive such requirements subject
to appropriate conditions.
A.
In granting variances and modifications, the Planning
Board shall require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified.
B.
A petition for any such variance shall be submitted
in writing by the subdivider at the time when the preliminary plat
is filed for the consideration of the Planning Board. The petition
shall state fully the grounds for the application and all of the facts
relied upon by the petitioner.[1]
[1]
Editor's Note: The Application for Review
of Preliminary Plat which was originally attached to this chapter
is on file in the office of the Town Clerk.
