Town of Schodack, NY Article VI Waivers

§ 188-23 Waiver for special circumstances.

[Amended 5-8-1997 by L.L. No. 4-1997]

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, provided that such waiver will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan or the Zoning Ordinance, if such exist.[1] In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.

[1] Editor's Note: See Ch. 219, Zoning.

§ 188-24 Waiver for lot line adjustment.

[Amended 5-8-1997 by L.L. No. 4-1997]

A. An applicant may request that the subdivision review process be waived when a proposed subdivision:

(1) Would not create an additional lot; and

(2) A lot otherwise in conformance with the minimum town zoning requirements would not be rendered nonconforming by virtue of the proposed action; and

(3) Either of the following conditions is satisfied:

(a) The action involves a modification of an existing lot line; or

(b) The action involves the conveyance and merger of a portion of one parcel to an adjoining parcel.

B. To request such a waiver, the applicant shall submit a waiver application, a sketch plan and a narrative explaining the proposed action to the Planning Board and pay the required fee. At the discretion of the Planning Board, a survey map may also be required as part of the application.

C. Upon submission of a complete application, the Planning Board shall review such application and shall either approve or deny the application. Approval may be granted when the Planning Board determines that the waiver would not adversely affect the site's development or neighboring properties, alter the essential characteristics of the neighborhood or adversely affect the health, safety or welfare of town residents. No public hearing shall be required.

D. If the Planning Board denies the request for the waiver, the applicant may proceed with the subdivision review process as set forth in this chapter.