Where the Planning Board finds that extraordinary hardships
shall result from strict compliance with these regulations, it may
vary the regulations so that substantial justice may be done and the
public interest secured; provided, however, such variation will not
have the effect of nullifying or substantially impairing the intent
and purpose of the Official Map, the Zoning Law,[1] the Comprehensive Plan, or these regulations. Any variance
granted by the Planning Board shall not be deemed a variance of the
Zoning Law, and any variance from the provisions of the Zoning Law
must be obtained as set forth in the Zoning Law. The application shall
state fully the grounds upon which the variance is being requested
and shall set forth, with particularity, the extraordinary hardship
that shall result if the variance is not granted. The applicant also
agrees to provide an appraisal, by an appraiser acceptable to the
Planning Board, establishing, with particularity, the difference in
value of the lands (1) when used for the best permitted use without
a variance and (2) when used for the purposes described in the requested
variance.
A.
Applications for waivers of standards or procedures shall be submitted,
in writing, at the time the preliminary plat application is filed.
The application shall state fully the grounds upon which it is made.
B.
The Planning Board may, by resolution, authorize a waiver or modification
of the standards or procedures herein when, in its opinion, unreasonable
restriction will result from strict compliance; provided, however,
such waiver or modifications shall only be applicable to:
(1)
Subdivisions involving a minor adjustment of existing lot lines or
lot lines shown on an approved, yet unfiled plat map, without the
creation of new streets, curb cuts, infrastructures or building lots.
(2)
Subdivisions involving the elimination of existing lot lines so as
to consolidate one or more lots into a lesser number and not involving
the creation of new streets, curb cuts, infrastructure or building
lots.
C.
No waiver shall be granted which would substantially change the character
of an area or compromise the purposes of these regulations.
In authorizing a waiver or variance, the Planning Board may
attach conditions and require such guarantees, bonds and/or other
security and protection for the Town as it may deem necessary to assure
compliance with the objectives of these regulations.
