Where the Planning Board finds that extraordinary hardships shall result from strict compliance with this chapter, 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, the Comprehensive Plan, or this chapter. Any variance granted by the Planning Board shall not be deemed a variance of Chapter 235, Zoning, and any variance from the provisions of Chapter 235, Zoning, must be obtained as set forth in Chapter 235, Zoning. 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 an 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 this chapter.
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 this chapter.
