A. In the event the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question and the applicant for issuance of a driveway permit is unable to comply with all the provisions hereof and the issuing authority has refused to issue the requisite driveway permit or has imposed conditions upon the issuance of such permit, he may appeal such determination to the Planning Board.

B. Such appeal to the Planning Board shall be taken within 20 days by filing of a notice of appeal with the driveway permit issuing authority from whom the appeal is taken specifying the grounds for such appeal. The issuing authority from whom the appeal is taken shall immediately transmit to the Planning Board all papers constituting the record upon which the action appealed from was taken.

C. The Planning Board shall, within 45 days of the date of its receipt of such notice of appeal, conduct a hearing thereon and render a decision, which shall be binding upon the applicant and upon the issuing authority.

D. The Planning Board shall have the power to grant such exceptions from the requirements and provisions of this chapter as may be reasonable and within the general purpose and intent of this chapter in the event the appellant clearly demonstrates to the Planning Board that the literal enforcement of one or more of the provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

E. In determining such appeal, the Planning Board shall be guided by the provisions of this chapter, their intent and purpose, sound engineering principles and practical considerations; provided, however, that the Planning Board shall, prior to its rendering of a decision on such an appeal, seek the advice of the Township Engineer and the Chief of the Pohatcong Township Fire Department on the issues raised in the appeal.

F. No appeal shall be granted, nor shall any exceptions be granted from the provisions of this chapter, unless the Planning Board is first satisfied that the public health and safety will be adequately protected, that the interests of the township in maintaining its roadways in a safe, neat, clean and functional condition will be protected and that, in all circumstances, the driveway will provide safe and adequate access by fire-fighting equipment, ambulances and emergency vehicles necessary for the protection of the public health and safety, in all weather conditions.