Where the Planning Board finds that extraordinary
and unnecessary hardships may result from strict compliance with this
chapter, 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
Comprehensive Plan, the Official Map or this chapter.
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, waivers and modifications, the Planning Board may require such conditions that secure substantially the objectives of the standards provided in §
96-16D.