A.
In the event that at any time prior to final approval or final disapproval of any plat submitted the subdivider shall protest in writing to the Planning Board any interpretation of the regulations it feels is erroneous or that any requirement of the Board is burdensome, arbitrary or constitutes an undue hardship, the Board will authorize the Commissioner of Public Works to meet with the engineer for the subdivider, and the two so chosen shall pick a third person, and the two engineers and the third person shall make a decision which the Board will follow.
B.
The foregoing Subsection shall not apply to any provisions of the chapter covered by specific regulations contained therein, and is intended to apply only to rules of interpretation and matters of Board discretion.
C.
Before the municipality will authorize its commissioner of Public Works to take any action in connection with this proceeding, the subdivider will pay to the Board the reasonable expenses to be incurred, as estimated by its engineer, and in addition thereto an amount to be determined by the Board, out of which they will pay any other expenses of the proceedings, and return the balance, if any, to the subdivider.
D.
Upon payment of such expenses, the municipality will forward in writing a copy of the protest to its Commissioner of Public Works and to the engineer of the subdivider, who shall immediately proceed, and the engineers and the third person so chosen by them shall file a determination with the Board within 10 days of the date of the notice in writing to said engineers. In the event that no determination is filed within 10 days, the Board shall proceed as if no protest had been made.