In the case of any sector within whose limits authorization has been sought for a project that presents such special characteristics as to render impracticable the application of the regulations fixed for such zone and the approval of the project undesirable because of such factors as health, safety, order, public improvements, more adequate use of the lands, or conditions of aesthetics, or of environment or of exceptional beauty, the Board may, for the protection of the general welfare and taking into consideration said factors as well as the recommendations of the government bodies involved, deny authorization for such project. In the exercise of this power the Board, or the body which it delegates, shall take the necessary measures to prevent that it be used for the purpose or with the result of obviating the existing regulations in cases where really special circumstances are not present. In these cases the Planning Board shall hold a public hearing following the procedure provided in § 62z of this title before deciding on the project submitted. The Board shall deny said application while there exists unfavorable conditions to the project even though the project in question is comprised within those permitted for the area by the Planning Regulations in force.
The Board or the body which it delegates shall state in writing the grounds on which it denies authorization to a project. In said writing the Board or body which it has delegated shall state in detail the specific reasons that warrant the determination that the project does not comply with one or several of the factors established herein for the denial of projects.
History —June 24, 1975, No. 75, p. 183, § 17, eff. July 1, 1975.