Where the Planning Board finds that extraordinary
and unnecessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice
may be done and the public interest secured, provided that such variation
will not have the effect of nullifying the intent and purpose of the
Official Map, the Master Plan or the Zoning Ordinance, 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 the 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. Variances and waivers of any requirement of
these regulations may be granted only on the affirmative vote of 2/3
of the full membership of the Board and only in instances where failure
of compliance would not amount to a violation of the laws of the United
States in the State of New York.