The Planning Commission may waive upon specific request and by specific resolution, subject to appropriate conditions and guaranties, for such period as it may determine, the requirements of these regulations relative to the provision and design of any or all required improvements which, in its judgment of the special circumstances of a particular plat or plats, are not requisite to the interests of the public health, safety and general welfare of the city or are not appropriate because of the inadequacy or lack of connecting facilities adjacent to or in the proximity of the proposed subdivision.
Where the Planning Commission finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of topography, access, location, shape, size, drainage or other physical features of the site, the minimum requirements of these regulations may be modified upon specific request and by specific resolution of the Planning Commission to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of these and other city regulations.
Any officer, department, commission or bureau of the city, with the specific approval of the Common Council, or any person or persons, jointly or severally aggrieved by any decision of the Planning Commission concerning a plat decision, may bring a proceeding to review such decision in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decision is illegal in whole or in part. Such proceeding must be commenced within 30 days after the filing of the decision in the office of the City Clerk. Commencement of such proceeding shall stay all further proceedings upon the decision appealed from.
The sole officer authorized to sign approved subdivision plats is the Chairman of the Planning Commission or, in his absence, the Vice Chairman. The Clerk of the Planning Commission is, however, authorized to carry out any ministerial acts on behalf of the Planning Commission or its Chairman that are required by these regulations.
No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Commission and endorsed, in writing, on the plat, unless said plat is first resubmitted to the Planning Commission and such Commission approves, in writing, any such modifications. In the event that any subdivision plat is recorded in the office of the Montgomery County Clerk without complying with these requirements, the same shall be considered null and void and the Planning Commission shall institute proceedings to have the plat stricken from the records of the Office of the Montgomery County Clerk.