When equal or better specifications are available to comply
with the design standards of this Chapter, the Commission may make
such reasonable modifications to such requirements of this Chapter
to allow the use of equal or better specifications, upon recommendation
of the municipal engineer, provided such modification will not be
contrary to the public interest. In approving such modifications,
the Commission may attach any reasonable conditions that may be necessary
to assure adequate improvements and protect the public safety.
Any request for a modification to any requirement of the Chapter
authorized by this Article shall be submitted in writing by the applicant
as part of the application for approval of a preliminary or final
application, stating the specific requirements of this Chapter that
are to be modified and the reasons and justification for the request.
Requests for modifications to this Chapter shall be considered
at a regularly scheduled Commission meeting. If warranted, the Commission
may hold a public hearing pursuant to public notice prior to making
a decision on the request for a modification.
If the Planning Board has not made a recommendation on the request
for modification, the Commission shall refer the request to the Planning
Board for a recommendation. In all cases, the Planning Board recommendation
shall be entered into the official record of the meeting.
The reasons relied upon by the Commission in approving or disapproving
the request also shall be entered into the minutes of the meeting
and any resolution or ordinance adopted governing an application which
contains a request for a modification shall include specific reference
to the modification and the reasons for approval or disapproval.
If the Commission grants a modification, a notation shall be
placed on the final subdivision plat for recording or the land development
plan granted final approval that indicates the nature of the modification
granted and the date of the approval of the modification by the Commission.