The Board may waive, subject to appropriate conditions or guarantees,
for such period as it may determine, the provision of any or all such
improvements as in its judgment of the special circumstances of a
particular plat or plats are not requisite in the interests of the
public health, safety and general welfare. The Board may not waive
improvements which the public interest requires. The Planning Board
shall not approve exceptions or waivers of conditions unless it shall
make the findings based upon the evidence presented to the Board that
in each specific case:
A.
The granting of the exception or the waiver will not be detrimental
to the public safety, health, or welfare or injurious to other property.
B.
The conditions upon which the request is based are unique to the
property for which the relief is sought and are not applicable, generally,
to the other property.
C.
Because of the particular physical surroundings, shape, or topographical
condition of the property involved, a particular difficulty for the
owner would result, as distinguished from a mere inconvenience, if
a strict interpretation of this chapter were carried out.
