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
secure, provided that such variations will not have the effect of nullifying
the intent and purpose of the Official Map, the Master Plan, if such exists,
or the Zoning Ordinance.[1]
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.
