Where the Planning Board finds that extraordinary
and unnecessary hardships may result from strict compliance with these
regulations, it may vary the requirements for improvements so that
substantial justice may be done and the public interest secured; provided
that such variations will not have the effect of nullifying the intent
and purpose of the Official Map, the Master Plan or the Zoning Ordinance,[1] if such exists.
Where the Planning Board finds that, due to
the special circumstances of a particular plat, the provision of certain
required improvements is not requisite in the interest of public health,
safety, and general welfare or is inappropriate because of inadequacy
or lack of connecting facilities adjacent or in proximity to the proposed
subdivision, it may waive such requirements subject to appropriate
conditions.
In granting variances and modifications, the
Planning Board shall require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.