Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirement of this chapter would result in extraordinary hardship to the subdivider, because of unusual topography or other conditions, the governing body may vary, modify, or waive the requirements so that substantial justice may be done and the public interest secure. Provided, however, that such variance, modification, or waiver will not have the effect of nullifying the intent and purpose of this chapter. Such variances and waivers may be granted only by the affirmative vote of three-fourths of the members of the governing body.
(Prior Code, § 6-7-27)