(A) Varying minimum standards. These land subdivision regulations are adopted only as minimum requirements.
(1) Developers are encouraged to go beyond the standards of these regulations. The Planning Board and the Town Council may require standards above the minimum contained herein whenever the public health, safety and welfare justify such increase.
(2) Furthermore, either Board may reduce or otherwise vary the requirements of these regulations only when it encounters the situation described below. In granting such variances, the Planning Board and Town Council may attach and require whatever conditions it feels are necessary to
secure the basic objectives of this chapter. Any variance granted shall be noted in the official minutes of both the Planning Board and the Town Council along with the reasons which justified the granting of the variance.
(B) Hardship required.
(1) The Planning Board and the Town Council may reduce or otherwise vary the requirements of these regulations only when a definite hardship is created by strict enforcement of the standards herein.
(2) The following conditions must be met before any variance can be granted by either the Planning Board or the Town Council:
(a) A particular hardship to the subdivider would occur because of peculiar physical surroundings or topographical conditions of the specific property involved. A definite major hardship must be demonstrated and distinguished from a minor inconvenience;
(b) The conditions upon which the request for a variance is based are unique to the property involved and are not generally applicable to other properties and have not been created by any person having an interest in the property;
(c) The purpose of the variation is not based exclusively upon a desire for financial gain; and
(d) The variance will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the neighborhood in which the property is located.
(1979 Code, § S-1-8) (Ord. passed 6- -1987)