A.
Upon written request for a waiver and where the Town Planning Board
finds that extraordinary hardships or practical difficulties may result
from strict compliance with these regulations and/or that the purposes
of these regulations may be served to a greater extent by an alternative
proposal, it may approve waivers to these subdivision regulations
having to do with the required improvements, provided that such waiver
shall not have the effect of nullifying the intent and purpose of
these regulations, and further provided that the Town Planning Board
shall not approve waivers unless it shall make findings based upon
the evidence presented to it in each specific case that:
(1)
The granting of the waiver will not be detrimental to the public
safety, health or welfare or injurious to other property.
(2)
The conditions upon which the request for a waiver are based are
unique to the property for which the waiver is sought and are not
applicable generally to other property.
(3)
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out.
B.
Conditions. In approving waivers, the Town Planning Board may require
such conditions as will, in its judgment, secure substantially the
objectives and standards or requirements of these regulations.
C.
Procedures. Where the Planning Board finds that certain data and
information are not required for a complete application, it may waive
the regulations upon written request of the applicant at the time
when the preliminary plat is submitted for consideration by the Planning
Board, provided that such waiver will not have the effect of nullifying
the intent and purpose of this chapter, or the Town zoning law, or
the State Environmental Quality Review Act.
