Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan, or the Zoning Ordinance, if such exists.
Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions.
In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
A. 
It shall be unlawful for any person, firm or corporation to divide or otherwise alter existing property lines of lots or parcels of property without first complying with this chapter.
B. 
Where the Zoning Enforcement Officer finds a violation of these provisions, he/she shall serve a written order-notice upon the owner by registered mail to remedy such condition. Such written notice shall include the provisions of law violated, the corrective action to be taken, the penalties and remedies which may be involved by the Town for noncompliance and time for compliance.
C. 
Any violation of this chapter shall be deemed an offense punishable by a fine and/or imprisonment as set forth in § 268 of New York State Town Law. Each and every week such violation continues shall be deemed a separate and distinct violation.
D. 
The Zoning Enforcement Officer may, with permission of the Town Board, institute court action to enforce any violation of the provisions of this chapter.
E. 
In addition to the remedies described in this section, the Town of Batavia may seek an injunction to restrain, correct or abate any violation of this chapter and/or maintain an action at law for damages sustained as a result of any violation of this chapter. Damages may include but not be limited to legal fees and court costs expended or incurred by the Town as a result of legal proceedings brought hereunder.
F. 
The Town Zoning Enforcement Officer is authorized herein to issue and serve appearance tickets with respect to violation(s) of this chapter which he/she is required to enforce.
All applicable statutes, laws and local ordinances in conflict with the provisions of this chapter, including §§ 276 and 277 of New York State Town Law, are hereby superseded to the extent necessary to give this chapter full force and effect.