Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Planning Board shall have the power to vary or modify the application of any of the requirements herein relating to the use, layout and platting of land for subdivisions, so that the spirit of the regulations shall be observed, public safety and welfare secured and substantial justice done.
The Planning Board may grant a variance from the provisions contained herein where, by reason of the size or exceptional shape of a specific piece of property, or where, by reason of exceptional topographic conditions, the strict application of these regulations would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that such relief may only be granted without detriment to the public good and without substantially impairing the intent and purposes of these regulations.
The standards and requirements of these regulations may be modified by the Planning Board in the case of plans for complete communities or neighborhood units or cluster-type developments as may be permitted in the Zoning Ordinance[1] or other large-scale developments which, in the judgment of the Planning Board, achieve substantially the objectives of the regulations contained herein and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the plan.
[1]
Editor's Note: See Ch. 190, Zoning.
The Planning Board may, subject to appropriate conditions, waive the provisions of any or all of the required improvements specified in Article III which in its opinion are not required in the interest of the public health, safety and general welfare or which are inappropriate because of the inadequacy of connecting facilities.
Applications for modifications and variances shall be submitted in writing by the subdivider at the time the preliminary plan is filed with the Planning Board. The application shall state fully the grounds and all the facts relied upon by the applicant.[1]
[1]
Editor's Note: The Appendix (Graphic Illustrations), which originally followed this section, is on file in the office of the Building Inspector.