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.