1. Waivers
Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these Regulations, or the purpose of these Regulations may be served to a so that substantial justice may be done and public interest secured, if such waiver does not have the effect of nullifying the intent and purpose of these Regulations. The Commission shall not grant a waiver unless it finds, based upon the evidence presented to it in each specific case, that:
A) The granting of the waiver will not have an adverse effect on adjacent property or on the public health or safety;
B) The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not generally applicable to other land in the area;
C) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the applicant would result, as distinguished from a mere inconvenience, if the strict letter of these Regulations is carried out; and
D) The waiver will not in any manner vary the provisions of the Zoning Regulations or the intent of the Plan of Conservation and Development.
A request for any waiver shall be submitted in writing by the applicant at the time of application acceptance by the Commission. The request shall state fully the grounds for the request and all of the facts relied upon by the applicant.
A waiver must be approved by a vote of three-fourths of all the members of the Commission. The Commission shall state upon its records the reasons for which a waiver is granted in each case. In approving a waiver, the Commission may require such conditions that will, in its judgment, substantially conform to the objectives of the standards or requirements of these Regulations.
2. Repeal
A. Nothing herein is intended to modify the requirements of law with reference to the acceptance of streets by the Town of East Hampton. Nothing herein is intended to modify or control the construction, reconstruction, or extension of roads by the Town of East Hampton.
B. Any regulations pertaining to subdivider's roads or subdivisions which are inconsistent herewith are hereby repealed.
3. Validity
If any section, subsection, or phrase of these subdivision regulations is found for any reason to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of these Regulations.
4. Enforcement
These regulations shall be enforced by the Commission or its duly authorized representative.
5. Penalties
Any person, firm or corporation, making any subdivision of land without the approval of the Commission, shall be fined not more than the maximum fine allowed, pursuant to the General Statutes, for each lot sold, offered for sale or subdivided.
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