General requirements.

The regulations and standards set forth in this section shall be considered minimum requirements with regard to subdivision and site plan applications and any deliberations and actions taken by the Planning Board under the terms of this section shall give prime consideration to the health, safety and welfare of the entire community.

However, the Planning Board, when acting upon an application for preliminary or minor subdivision approval or an application for preliminary or minor site plan approval, shall have the power to grant such deviation relief from the applicable regulations and standards of this section and it may deem reasonable within the general purpose and intent of the regulations and standards established under this section, provided that no such deviation relief shall be granted unless the Planning Board, after considering the applicant's petition for relief and supporting proofs, finds (1) that the literal enforcement of one or more of the provisions of this section, in the applicant's particular case, is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land which is the subject to the application and petition, and (2) that the granting of the requested deviation relief will not be detrimental to the public health, safety and welfare of the community nor injurious to property in the area in which the premises are located.

An applicant who seeks any such deviation relief shall submit the Planning Board, at the time the application is made, a written petition for relief which shall fully set forth the nature of the deviation relief requested and the pertinent facts upon which the applicant will rely to establish the foregoing criteria.

The petition thereafter shall be considered by the Planning Board with applicant's accompanying application for subdivision or site plan approval at a public hearing held in accordance with the provisions of § 21-6 hereof. No application for deviation relief shall be signed as approved by the Planning Board Chairman, Secretary or Borough Engineer until it has received the County Planning Board's approval report with respect to the subject subdivision or site plan application.

Waiver of site plan. See § 21-9.12e., Waiver of Site Plan.