A.
Where the Planning Board finds that compliance with
this chapter would cause unusual hardship or extraordinary difficulties
because of exceptional and unique conditions of topography, access,
location, shape, size, drainage or other physical features of the
site, the minimum requirements of this chapter may be modified to
mitigate the hardship, provided that the public interest is protected
and the development is in keeping with the general spirit and intent
of this chapter. Such modifications shall be entered in the minutes
of the Board.
B.
No such modifications may be granted if it would have
the effect of nullifying the intent and purpose of the Official Map,
the Zoning Ordinance, the Master Plan or this chapter.
The standards and requirements of this chapter
may be modified by the Planning Board in the case of a plan which
conforms to the Zoning Ordinance and which, in the Board's judgment,
provides adequate public spaces and improvements for the circulation,
recreation, light, air and service needs of the tract when fully developed
and which also provides such covenants or other legal provisions as
will assure conformity to and achievement of the plan.
A.
When the Zoning Ordinance so permits, the Planning
Board may approve plats with lot dimensions below the minimum area
standard normally required in the zoning district, provided that equivalent
additional land is set aside as open or recreational space or that
portions of the proposed development are designated for lower density
development. In either instance the average density for the entire
plat shall not exceed the maximum density permitted by the Zoning
Ordinance.
B.
Open or recreational space in such plats may be public
or adequately secured for such purposes by private deed restrictions
acceptable to the Planning Board.
A.
The Planning Board may, by resolution, waive requirements
for such subdivision improvements as, in its judgment of the special
circumstances of a particular plat or plats, are not requisite in
the interest of the public health, safety and general welfare.
B.
The Planning Board may also waive by resolution the
requirements for such subdivision improvements as, in its judgment
of the special circumstances of a particular plat or plats, are inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the subdivision.
In granting waivers or modifications the Planning
Board may require such reasonable conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so waived or modified.
