A.
Where the Planning Board finds that compliance with
these regulations would cause unusual hardship or extraordinary difficulties
because of exceptional and unique conditions of topography, access,
location, shape, size, drainage or other physical features of the
site, the minimum requirements of the regulations may be modified
to mitigate the hardship, provided that the public interest is protected
and the development is in keeping with the general spirit and intent
of the regulations.
The standards and requirements of these regulations
may be modified by the Planning Board in the case of a plan and program
for neighborhood unit or similar large-scale development which in
its judgment provides adequate public spaces and improvements for
the circulation, recreation, light, air, and service needs of the
tract when fully developed and which also provides such covenants
or other legal provisions as will assure conformity to and achievement
of the plan.
A.
When the zoning regulations are amended to so permit,
the Planning Board may approve plats with lot dimensions below the
minimum area standard normally required in the zoning district, provided
that equivalent additional land is set aside as open or recreational
space or that portion of the proposed development are designated for
lower-density development. In either case, the average density for
the entire plat shall not exceed the maximum density permitted by
the zoning regulations.
B.
Open or recreational space in such plats may be public
or adequately secured for such purposes by private deed restrictions
acceptable to the Planning Board.
C.
Such land shall be considered as meeting or counting toward the requirements of § 185-17 of these regulations governing public open spaces and neighborhood facilities sites.
D.
The Town Planning Board may modify the Schedule of Area, Yard and Bulk Regulations of Article V of Chapter 210, Zoning, and the subdivision regulations of Chapter 185, simultaneous with the approval of a plat or plats pursuant to these subdivision regulations when such plat or plats are located in a Residential District and subject to the conditions specified in Town Law § 278 and such other reasonable conditions as the Town Planning Board may in its discretion add thereto.
[Added 5-25-2011 by L.L. No. 4-2011]
(1)
The purpose of this authorization, which shall be exercised in harmony with the provisions of § 185-8, shall be to enable and encourage flexibility of design and development of land so as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
E.
In accordance
with Town Law § 278(c), to the extent that the Town Planning
Board establishes a condition or conditions on the ownership, use
and maintenance of open lands as a condition of plat approval, such
condition(s) shall be subject to Town Board approval before the plat
may be approved for filing.
[Added 5-25-2011 by L.L. No. 4-2011]
A.
The Planning Board may waive the requirements for
such subdivision improvements as in its judgment of the special circumstances
of a particular plat or plats are not requisite in the interest of
the public health, safety and general welfare.
B.
The Planning Board may also waive the requirements
for such subdivision improvements as in its judgment of the special
circumstances of a particular plat or plats are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
[Amended 10-17-1991; 12-11-2000 by L.L. No.
9-2000]
In granting waivers or modifications, the Planning
Board may require such reasonable conditions as will in its judgment
secure substantially the objectives of the standards or requirements
so waived or modified.
