[Added 3-12-1990 by L.L. No. 1, 1990]
Where the Zoning Board of Appeals 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 Master Plan 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.
The standards and requirements of these regulations may be modified
by the Board in the case of a plan and program for a complete new
community, planned neighborhood or cluster development which, in the
judgment of the Board, provides adequate public spaces and improvements
for the circulation, recreation, light, air and service needs of the
tract when fully developed and populated and which also provides such
covenants or other legal provisions as will assure conformity to and
achievement of the plan.
In granting variances and waivers, the Zoning Board of Appeals
and the Planning Board, as the case may be, shall require such conditions
as will, in their judgment, secure substantially the objectives of
the standards or requirements so varied or modified.
