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 variations will not have the effect of nullifying
the intent and purpose of the Official Map, the Comprehensive Plan or the
Zoning Ordinance,[1] if such exists.
Where the Planning Board finds that, due to 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.
