A.
Where the Planning Board 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 the regulations may be modified
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 regulations.
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, by specific resolution, 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.
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 Municipal Engineer 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 this 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 engineer
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 engineer 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.
A.
Any officer, department, board or bureau of the municipality,
with the approval of the Municipal Legislature, or any person or persons,
jointly or severally aggrieved by any decision of the Planning Board
concerning a plat decision, may bring a proceeding to review 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 Board.
B.
Commencement of the proceeding shall stay proceedings
upon the decision appealed from.
C.
If, upon the hearing, it shall appear to the court
that testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a referee to take such evidence as
it may direct and report the same to the court with his findings of
fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the court shall be made.
The court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review.
