[HISTORY: Adopted by the Mayor and Council
of the Borough of Clementon 6-22-1954 by Ord. No. 54-5. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of the Borough of Clementon."
The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision in the
Borough of Clementon in order to promote the public health, safety,
convenience and general welfare of the municipality. It shall be administered
to insure the orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services.
[Amended 2-21-2022 by Ord. No. 2022-06]
[Added 6-18-2013 by Ord. No. 2013-10; amended 11-12-2013 by Ord. No.
2013-16]
There is adopted by ordinance an official submission checklist
which specifies the information that must accompany all applications
for subdivision under this chapter. No application shall be deemed
complete under N.J.S.A. 40:55D-10.3 unless the requirements have been
met or waived by the Land Use Board following a waiver request by
the applicant. The Checklist is available and on file at Borough Hall.
As used in this chapter, the following terms
shall have the meanings indicated:
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with this chapter, and which if approved shall be filed with the proper
county recording officer.
A parcel or portion of land separated from other parcels
or portions by description as on a subdivision or record of survey
map or by metes and bounds for purpose of sale, lease or separate
use.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the municipality which have been duly
adopted by the Planning Board.
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or road or extension
of municipal facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the Master Plan, Official Map, Zoning
Ordinance[1] or this chapter.
A map adopted in accordance with the Official Map and Building
Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing
such adoption. Such map shall be deemed to be conclusive with respect
to the location and width of the streets, public parks and playgrounds,
and drainage right-of-way shown thereon.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
Means the map of a subdivision.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 249-10 of this chapter.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 249-9 of this chapter.
Any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing state, county or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action, or a street
or way on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats, and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, streets shall be classified as follows:
ARTERIAL STREETThat which is used primarily for fast or heavy traffic.
COLLECTOR STREETSThat which carries traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETThat which is used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreet which is parallel to and adjacent to arterial streets and highways, and which provides access to abutting properties and protection from through traffic.
ALLEYA minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development; except that
the following divisions shall not be considered subdivisions; provided,
however, that no new streets or roads are involved: divisions of land
for agricultural purposes where the resulting parcels are three acres
or larger in size, divisions of property by testamentary or intestate
provisions or divisions of property upon court order. Subdivision
also includes resubdivision and, where appropriate to the context,
relates to the process of subdividing or to the lands or territory
divided.
A Committee of five Planning Board members appointed by the
Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter, and such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.
A.
Any owner of land within the Borough of Clementon
shall, prior to subdividing or resubdividing land, as defined in this
chapter, submit to the Secretary of the Planning Board or other designated
official, at least two weeks prior to the regular meeting of the Board,
a sketch plat of the proposed subdivision for purposes of classification
and preliminary discussion.
B.
Escrow fund. The obligor (applicant or developer)
shall post in escrow with the Municipal Clerk an amount to cover engineering
review fees, engineering inspection fees, planning fees and legal
fees. The escrow shall be in the amount of $100 for a minor subdivision.
The escrow for a major subdivision or site development shall be in
the amount of $1,500, with the application, and 4% of the dollar cost
of the Borough Engineer's estimated cost of bondable improvements.
If at any time the escrow fund shall be deemed insufficient by the
Planning Board or governing body to cover actual or anticipated expenses
or fees, said escrow fund shall be subject to increase upon written
demand from the Secretary of the Planning Board or the Borough Clerk.
[Added 3-24-1986 by Ord. No. 86-3]
C.
If classified and approved as a minor subdivision
by unanimous action of the Subdivision Committee, a notation to that
effect will be made on the sketch plat. (Where County Planning Board
approval is required, it will be forwarded to that Board for its consideration.)
The plat will then be forwarded to the Chairman of the Planning Board
and the Municipal Clerk for their signatures and returned to the subdivider
within one week following the next regular meeting of the Planning
Board. No further Planning Board approval shall be required.
D.
Copies of sketches.
(1)
Before the Municipal Clerk returns any approved sketch
plat to the subdivider, the Clerk shall have sufficient copies made
to furnish one copy to each of the following:
(2)
The cost of the copies will be charged to the subdivider
and shall be collected before the return of the original sketch plat
to the subdivider.
E.
Either a deed description or plat map drawn in compliance
with Chapter 358 of the Laws of 1953[1] shall be filed by the subdivider with the county recording
officer within 90 days from the date of return of the approved sketch
plat.
[1]
Editor's Note: Chapter 358 of the Laws of
1953 was repealed by Chapter 141 of the Laws of 1960. See now N.J.S.A.
46:23-9.9 et seq.
A.
At least nine black-on-white prints of the preliminary
plat, together with three completed application forms for preliminary
approval, shall be submitted to the Municipal Clerk at least two weeks
prior to the Planning Board meeting at which consideration is desired.
At the time of filing, a fee of $50, plus $10 per lot, shall be paid
to the Municipal Clerk. The Municipal Clerk shall immediately notify
the Secretary of the Planning Board upon receipt of the preliminary
plat and filing fee. At the time of submission of the preliminary
plat, the subdivider shall also submit all pertinent engineering information
to substantiate the adequacy of proposed storm drainage improvements,
sanitary sewers and other improvements. This information shall be
submitted on separate plans.
[Amended 8-15-1966 by Ord. No. 66-13]
B.
The applicant shall notify by mail, at least five
days prior to the hearing, all property owners within 200 feet of
the extreme limits of the subdivision as their names appear on the
municipal tax record. Said notice shall state the time and place of
hearing, a brief description of the subdivision and that a copy of
said subdivision has been filed with the Municipal Clerk for public
inspection. The applicant shall also cause notice of the hearing to
be published in the official newspaper of general circulation in the
municipality at least 10 days prior to the hearing.
[Amended 8-15-1966 by Ord. No. 66-13]
C.
Copies of the preliminary plat shall be forwarded
by the Secretary of the Planning Board, at least five days prior to
the Planning Board meeting, to the following persons:
[Amended 8-15-1966 by Ord. No. 66-13]
(1)
Secretary of Camden County Planning Board.
(2)
Borough Engineer.
(3)
Secretary of Borough Board of Health.
(4)
President of the Borough Planning Board.
(5)
Solicitor of the Borough Planning Board.
(6)
Such other Borough, county or state officials as directed
by the Borough Planning Board or its President.
D.
The Planning Board shall act on the preliminary plat
within 90 days after submission to the Municipal Clerk but in no case
before the expiration of the twenty-day period within which the County
Planning Board may submit a report on said subdivision. In all cases,
the recommendations of the County Board shall be given careful consideration
in the final decision of the local Planning Board. If the County Planning
Board has approval authority pursuant to N.J.S.A. 40:27-12, its action
shall be noted on the plat, and if disapproved, two copies of the
reasons for disapproval shall be returned with the plat. If either
the Planning Board or County Planning Board disapprove a plat, the
reasons for disapproval shall be remedied prior to further consideration.
The person submitting a plat shall be notified of the action of the
Planning Board within 90 days of its submission. If approval is required
by any other officer or public body, the same procedure as applies
to submission and approval by the County Planning Board shall apply.
E.
If the Planning Board acts favorably on a preliminary
plat, the Chairman of the Planning Board shall affix his signature
to the plat with a notation that it has received preliminary approval
and return it to the subdivider for compliance with final approval
requirements.
F.
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of approval:
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under § 249-12 or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
A.
The final plat shall be submitted to the Municipal
Clerk for forwarding to the Planning Board for final approval within
three years from the date of preliminary approval. It shall be accompanied
by a fee of $35 per lot at the time of submission. The Municipal Clerk
shall immediately notify the Secretary of the Planning Board upon
receipt of a final plat, and the Planning Board shall act upon the
final plat within 45 days after the date of submission for final approval
to the Municipal Clerk.
[Amended 8-15-1966 by Ord. No. 66-13]
B.
The original tracing, one translucent tracing cloth
copy, two cloth prints, six black-on-white prints and three copies
of the application form for final approval shall be submitted to the
Secretary of the Planning Board at least five days prior to the date
of a regular Planning Board meeting. Unless the preliminary plat is
approved without changes, the final plat shall have incorporated all
changes or modifications required by the Planning Board.
C.
The final plat shall be accompanied by a statement
by the Municipal Engineer that he is in receipt of a map showing all
utilities in exact location and elevation, identifying those portions
already installed and those to be installed, and that the subdivider
has complied with one or both of the following:
D.
Any plat which requires County Planning Board approval
pursuant to N.J.S.A. 40:27-12 shall be forwarded to the County Planning
Board for its action prior to final approval by the Planning Board.
E.
If the Planning Board approves the final plat, a notation
to that effect shall be made on each plat and shall be signed by the
Chairman and the Secretary of the Planning Board.
F.
Failure of the Planning Board to act within the alloted
time or a mutually agreed upon extension shall be deemed to be favorable
approval, and the Municipal Clerk shall issue a certificate to that
effect.
G.
If any person shall be aggrieved by the action of
the Planning Board, appeal in writing to the governing body may be
taken within 10 days after the date of the action of the Planning
Board. A hearing thereon shall be had on notice to all parties in
interest, who shall be afforded an opportunity to be heard. After
such hearing, the governing body may affirm or reverse the action
of the Planning Board by a recorded vote of a majority of the total
members thereof. The findings and reasons for the disposition of the
appeal shall be stated on the records of the governing body and on
the applying party shall be given a copy.
I.
The final plat, after final approval (by the Planning
Board), shall be filed by the subdivider with the county recording
officer within 90 days from the date of such approval. If any final
plat is not filed within this period, the approval shall expire.
J.
No plat shall be accepted for filing by the county
recording officer unless it has been duly approved by the Borough
of Clementon Planning Board and signed by the Chairman.
The sketch plat shall be based on Tax Map information
or some other similarly accurate base at a scale (preferably not less
than 100 feet to the inch) to enable the entire tract to be shown
on one sheet and shall show or include the following information:
A.
The location of that portion which is to be subdivided
in relation to the entire tract.
B.
All existing structures and wooded areas within the
portion to be subdivided and within 200 feet thereof.
C.
The name of the owner and of all adjoining property
owners as disclosed by the most recent municipal tax records.
D.
The Tax Map sheet, block and lot numbers.
E.
All streets or roads and streams within 500 feet of
the subdivision.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed (New Jersey) land surveyor or by a planner holding full or associate membership in the American Institute of Planners. The plat shall be designed in compliance with the provisions of § 249-14 of this chapter and shall show or be accompanied by the following information:
A.
A key map showing the entire subdivision and its relation
to surrounding areas.
C.
Acreage of tract to be subdivided to nearest 1/10
of an acre.
D.
Sufficient elevations or contours to determine the
general slope and natural drainage of the land and the high and low
points and tentative cross sections and center line profiles for all
proposed new streets.
E.
The location of existing and proposed property lines,
streets, buildings, watercourses, railroads, bridges, culverts, drainpipes,
and any natural features such as wooded areas and rock formations.
F.
Plans of proposed utility layouts (sewers, storm drains,
water, gas and electricity) showing feasible connections to existing
or any proposed utility systems. When an individual water supply and/or
sewage disposal system is proposed, the plan for such system must
be approved by the appropriate local, county or state health agency.
When a public sewage disposal system is not available, the developer
shall have percolation tests made and submit the results with the
preliminary plat. Any subdivision or part thereof which does not meet
with the established requirements of this chapter or other applicable
regulations shall not be approved. Any remedy proposed to overcome
such a situation shall first be approved by the appropriate local,
county or state health agency.
G.
A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
The final plat shall be drawn in ink on tracing
cloth 24 inches by 36 inches in size at a scale of not less than one
inch equaling 50 feet and in compliance with all the provisions of
Chapter 358 of the Laws of 1953. The final plat shall show or be accompanied
by the following:
A.
Date, name and location of the subdivision, name of
owner, graphic scale and reference meridian.
B.
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated to public use, all lot lines and other site lines, with
accurate dimensions, bearings or deflection angles and radii, arcs
and central angles of all curves.
C.
The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proposed use of sites other
than residential shall be noted.
D.
Each block shall be numbered, and the lots within
each block shall be numbered consecutively beginning with number one.
E.
Minimum building setback line on all lots and other
sites.
F.
Location and description of all monuments.
G.
Names of owners of adjoining unsubdivided land.
H.
Certification by engineer or surveyor as to accuracy
of details of plat.
I.
Certification that the applicant is agent or owner
of the land, or that the owner has given consent under an option agreement.
J.
When approval of a plat is required by any officer
or body of such a municipality, county or state, approval shall be
certified on the plat.
K.
Cross sections and profiles of streets, storm and
sanitary sewers, water mains and utilities approved by the Municipal
Engineer may be required to accompany the final plat.
L.
Contours shall be mapped at one-foot intervals at
a scale of one inch equals 50 feet horizontal and a scale of one inch
equals five feet vertical.
M.
Certificate from Tax Collector that all taxes are
paid to date.
A.
Prior to the granting of final approval, the subdivider
shall have installed or shall have furnished performance guaranties
for the ultimate installation of the following which shall be of a
type and/or number as approved by the Planning Board of the Borough
of Clementon:
(1)
Streets.
(2)
Street signs.
(3)
Curbs and/or gutters.
(4)
Sidewalks.
(5)
Street lighting.
(6)
Shade trees. To be located inside of the property
line so as not to interfere with utilities or sidewalks.
(7)
Topsoil protection. No topsoil shall be removed from
the site or used as spoil. Topsoil moved during the course of construction
shall be redistributed so as to provide at least six inches of cover
to all areas of the subdivision and shall be stabilized by seeding
or planting.
(8)
Monuments. To be of the size and shape required by
Section 4 of Chapter 358 of the Laws of 1953 and shall be placed in
accordance with said statute.
(9)
Water mains, culverts, storm sewers and sanitary sewers.
All such installations shall be properly connected with an approved
system and shall be adequate to handle all present and probable future
development.
B.
All of the above-listed improvements shall be subject
to inspection and approval by the Municipal Engineer, who shall be
notified by the developer at least 24 hours prior to the start of
construction. No underground installation shall be covered until inspected
and approved.
A.
No final plat shall be approved by the Planning Board
until the completion of all such required improvements has been certified
to the Planning Board by the Municipal Engineer, unless the subdivision
owner shall have filed with the municipality a performance guaranty
sufficient in amount to cover the cost of all such improvements or
uncompleted portions thereof as estimated by the Municipal Engineer,
and assuring the installation of such uncompleted improvements on
or before an agreed date. Such performance guaranty may be in the
form of a performance bond which shall be issued by a bonding or surety
company approved by the governing body; a certified cheek, returnable
to the subdivider after full compliance; or any other type of surety
approved by the Municipal Attorney.
B.
The performance guaranty shall be approved by the
Municipal Attorney as to form, sufficiency and execution. Such performance
guaranty shall run for a period to be fixed by the Planning Board,
but in no case for a term of more than three years. However, with
the consent of the owner and the surety, if there be one, the governing
body may by resolution extend the term of such performance guaranty
for an additional period not to exceed three years. The amount of
the performance guaranty may be reduced by the governing body by resolution
when portions of the required improvements have been installed.
C.
If the required improvements have not been installed
in accordance with the performance guaranty, the obligor and surety
shall be liable thereon to the municipality for the reasonable cost
of the improvements not installed and upon receipt of the proceeds
thereof the municipality shall install such improvements.
The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof.
A.
General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the
municipality. Where either or both an Official Map or Master Plan
has or have been adopted, the subdivision shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks and playgrounds shown on an officially
adopted Master Plan or Official Map shall be considered in approval
of subdivision plats. Where no Master Plan or Official Map exists,
streets and drainage rights-of-way shall be shown on the final plat
in accordance with Section 20 of Chapter 433 of the Laws of 1953 and
shall be such as to lend themselves to the harmonious development
of the municipality and enhance the public welfare in accordance with
the following design standards:
(1)
Streets.
(a)
The arrangement of streets not shown on the
Master Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets.
(b)
Minor streets shall be so designed as to discourage
through traffic.
(c)
Subdivisions abutting arterial streets shall
provide a marginal service road or reverse frontage with a buffer
strip for planting or some other means of separation of through and
local traffic as the Planning Board may determine appropriate.
(d)
The right-of-way width shall be measured from
lot line to lot line and shall not be less than the following:
[1]
Arterial streets: 80 feet.
[2]
Collector streets: 60 feet.
[3]
Minor streets: 50 feet.
[4]
Marginal access streets: 40 feet.
[5]
The right-of-way width for internal roads and
alleys in multifamily, commercial and industrial development shall
be determined on an individual basis and shall in all cases be of
sufficient width and design to safely accommodate the maximum access
for fire-fighting equipment.
(e)
No subdivision showing reserve strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the governing body
under conditions approved by the Planning Board.
(f)
Subdivisions that adjoin or include existing
streets that do not conform to widths as shown on the Master Plan
or Official Map or the street width requirements of this chapter shall
dedicate additional width along either one or both sides of said road.
If the subdivision is along one side only, 1/2 of the required extra
width shall be dedicated.
(g)
Grades of arterial and collector streets shall
not exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 1/2 of 1%.
(h)
Street intersections shall be as nearly at right
angles as is possible and in no case shall be less than 60º.
The block corners at intersections shall be rounded at the curb line
with a curve having a radius of not less than 20 feet.
(i)
Street jogs with center line offsets of less
than 125 feet shall be prohibited.
(j)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(k)
When connecting street lines deflect from each
other at any one point by more than 10º and not more than 45º,
they shall be connected by a curve with a radius of not less than
100 feet for minor streets and 300 feet for arterial and collector
streets.
(l)
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(m)
Dead-end streets (culs-de-sac) shall not be
longer than 600 feet and shall provide a turnaround at the end with
a radius of not less than 50 feet and tangent whenever possible to
the right side of the street. If a dead-end street is of a temporary
nature, a similar turnaround shall be provided and provisions made
for future extension of the street and reversion of the excess right-of-way
to the adjoining properties.
(n)
No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of existing
streets. The continuation of an existing street shall have the same
name.
(2)
Blocks.
(b)
In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Planning Board.
Such walkway shall be 10 feet wide and be straight from street to
street.
(c)
For commercial, group housing or industrial
use, block size shall be sufficient to meet all area and yard requirements
for such use.
(3)
Lots.
(b)
Insofar as is practical, side lot lines shall
be at right angles to straight streets and radial to curved streets.
(c)
Each lot must front upon an approved street
at least 50 feet in width except lots fronting on streets described
in § 249-14A(1)(d)(4) and (5).
(d)
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(e)
Where there is a question as to the suitability
of a lot or lots for their intended use due to factors such as rock
formations, flood conditions or similar circumstances, the Planning
Board may, after adequate investigation, withhold approval of such
lots.
(4)
Public use and service areas.
(a)
In large-scale development, easements along
rear property lines or elsewhere for utility installations may be
required. Such easements shall be at least 10 feet wide and located
in consultation with the companies or municipal departments concerned.
(b)
Where a subdivision is traversed by a watercourse,
drainageway, channel or street, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose.
(c)
Natural features such as trees, brooks, hilltops
and views shall be preserved whenever possible in designing any subdivision
containing such features.
A.
If before final approval has been obtained, any person
transfers or sells or agrees to sell, as owner or agent, any land
which forms a part of a subdivision on which, by ordinance, the Planning
Board is required to act, such person shall be subject to a fine not
to exceed $200 or to imprisonment for not more than 30 days, and each
parcel, plot or lot so disposed of shall be deemed a separate violation.
B.
In addition to the foregoing, if the streets in the
subdivision are not such that a structure on said land in the subdivision
would meet requirements for a building permit under Section 3 of the
Official Map and Building Permit Act (1953), the municipality may
institute and maintain a civil action:
(1)
For injunctive relief.
(2)
To set aside and invalidate any conveyance made pursuant
to such a contract or sale if a certificate of compliance has not
been issued in accordance with Section 24 of Chapter 433 of the Laws
of 1953, but only if the municipality has a Planning Board or a committee
thereof with power to act and which:
C.
In any such action the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of recording of the instrument
of transfer, sale or conveyance of said land, or within six years
if unrecorded.
These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Borough of Clementon.
Any action taken by the Planning Board under the terms of this chapter
shall give primary consideration to the above-mentioned matters and
to the welfare of the entire community. However, if the subdivider
or his agent can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one or more of
these regulations is impracticable or will exact undue hardship, the
Planning Board may permit such variance or variances as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter.
