A.
Variances.
(1)
The Board may grant a variance to the provisions contained herein
where by reason of the exceptional shape of a specific piece of property,
or by reason of exceptional topographic conditions, the strict application
of these regulations would result in extreme practical difficulties
and undue hardship upon the owner of such property; provided, however,
that such relief may only be granted without detriment to the public
good and without substantially impairing the intent and purposes of
these regulations.
(2)
In granting such variances or modifications, the Board may require
such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements so varied or modified.
B.
Waiver
of requirements. The Planning Board may waive, when reasonable, any
requirements or improvements for the approval, approval with modifications
or disapproval of subdivisions submitted for its approval. Any such
waiver, which shall be subject to appropriate conditions, may be exercised
in the event any such requirements or improvements are found not to
be requisite in the interest of the public health, safety, and general
welfare or inappropriate because of inadequacy or lack of connecting
facilities adjacent or in proximity to the subdivision.
The standards and requirements of these regulations may be modified
by the Board in the case of plans for complete communities or neighborhood
units or other large-scale developments, which, in the judgment of
the Board, achieve substantially the objectives of the regulations
contained herein and which are further protected by such covenants
or other legal provisions as will assure conformity to and achievement
of the plan.
Any subdivider aggrieved by a finding, decision or recommendation
of the Board may request and receive opportunity to appear before
the Board, present additional relevant information, and request reconsideration
of the original finding, decision or recommendation.
A.
Applications for modifications and variances shall be submitted in
writing by the subdivider at the time the preliminary plan is filed
with the Board. The application shall state fully the grounds and
all the facts relied upon by the applicant.
B.
Applications for reconsideration shall be submitted in writing by
the subdivider not less than 10 calendar days in advance of the meeting
at which reconsideration is desired.
In granting a modification or variance, the Board shall record
its actions and the grounds for granting the modification or variance
in its minutes. A statement shall be filed within 60 days after the
hearing, showing the date such modification or variance was granted,
and shall be affixed to the final plan.
