Where the Planning Board finds that extraordinary
and unnecessary hardships may result from strict compliance with this
Part 3 or where there are special circumstances of a particular plan,
it may vary these standards 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 Comprehensive Plan or the Zoning Ordinance.[1] This Subsection A shall not apply to the street design standards described in Article XIX, § 181-101, Subsection B; the roadway construction material standards described in § 181-104; and the responsibility of the developer regarding streets described in § 181-105.
Where the Planning Board finds that, due to special circumstances of a particular plan, 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. This Subsection B shall not apply to the street design standards described in Article XIX, § 181-101, Subsection B; the roadway construction material standards described in § 181-104; and the responsibility of the developer regarding streets described in § 181-105.
In granting variances and modifications, the Planning
Board shall require such conditions as will, in its judgment, secure
substantially the objectives of the requirements so varied or modified.
An appeal from a decision of the Planning Board
may be taken to the Superior Court.