The provisions of these regulations are intended
as a minimum standard for the protection of the public health, safety
and welfare. If the literal compliance with any mandatory provision
of these regulations is shown by the applicant to the satisfaction
of the Board present at a public meeting to be unreasonable and to
cause undue hardship as it applies to the particular property, the
Board may grant a waiver from such mandatory provision so that substantial
justice may be done and the public interest secured while permitting
the reasonable utilization of the property. However, the granting
of a waiver shall not have the effect of making null and void the
intent and purpose of this chapter.
At a public meeting, the Board shall review
the request to determine if the literal compliance with any mandatory
provision of this chapter is demonstrated by the applicant to exact
undue hardship because of peculiar conditions pertaining to the land
in question, provided that such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed. The applicant shall demonstrate that an alternative proposal
will allow for equal or better results and represents the minimum
modification necessary. If the Board determines that the applicant
has met his burden, it may grant a waiver from the literal compliance
with the terms of this chapter. In granting waivers, the Board may
impose such conditions as will, in its judgment, secure the objectives
and purposes of this chapter. When a waiver is granted with conditions,
a statement of the approved waiver including the imposed condition(s)
shall be provided on the final plan.