The Board may grant a modification or waiver of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
The Board may grant a request for a modification of the requirements of this chapter where the developer or applicant demonstrates that the performance objectives of the subject provision are met or exceeded by the modification proposed.
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.
Where an alternative to adopted ordinance requirements is proposed, absent the claim of a hardship is presented, the applicant shall submit sufficient evidence to substantiate the equal of greater performance of the proposed alternative versus that required by this chapter.
The request shall be reviewed by the Planning Commission, wherein the Commission's recommendation to the Board shall include specific reference to the modification of waiver requested.
The Board shall keep a written record of all action on all requests for modifications.