When a plat contains one or more lots which do not comply with
the Zoning Law[1] regulations, application may be made to the Zoning Board
of Appeals for an area variance without the necessity of a decision
or determination of the Code Enforcement Officer. In reviewing such
application, the Zoning Board of Appeals shall request the Planning
Board to provide a written recommendation concerning the proposed
variance.
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.
In granting waiver, 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.
