A.
Requests by the subdivider for variations, modifications,
waivers or time extensions in connection with provisions of this chapter
shall be presented in writing to the Planning Board prior to any regular
meeting; shall explain the request in detail, making reference to
the specific provisions of this chapter which are concerned; shall
state the interpretation, change or permission desired; and shall
present the specific reasons for such request. The Planning Board,
within 30 days following the date of such request, shall reply, in
writing, to the subdivider, either approving or disapproving such
request and giving the reasons therefor.
B.
Wherever extraordinary hardship faces the subdivider as a result of the strict application of this chapter, the Planning Board may approve variations from this chapter in order to provide substantial justice and secure the public interest. Such variations shall, however, not have the effect of negating the intent, purpose and policies of Chapter 210, Zoning, the Comprehensive Plan and this chapter or other applicable regulations.
C.
Wherever, due to unusual topographic conditions, the
continuation of streets or the placement of lots and improvements
are rendered undesirable or impractical, the Planning Board may approve
variations from this chapter.
D.
In granting variations and modifications, the Planning
Board may require such alternative conditions as will secure substantially
the same objectives of the standards or regulations so varied from
or modified.
A.
The Planning Board may modify the standards and requirements of this chapter in the case of a plan and program for a new Town, a complete community, a neighborhood unit or other 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 populated and which also provides such covenants or other legal provisions to assure conformity with, and achievement of, the general policies and objectives of this chapter, as long as such modifications do not conflict with applicable provisions of Chapter 210, Zoning, or the Town Law.
B.
The Planning Board is empowered to make reasonable modifications, changes or supplements to Chapter 210, Zoning, of the Town of Stillwater, or any portion thereof, as applied to a subdivision plat showing new streets simultaneously with the approval of such subdivision plat. Such action is authorized in accordance with and subject to the provisions of § 281 of the Town Law.
A.
The Planning Board may waive, subject to appropriate
conditions and guarantees, for such period as it may determine, the
requirements of this chapter relative to the provision and design
of any or all such public improvements which, in its judgment of the
special circumstances of a particular plat or plats, are not requisite
to the interest of the public health, safety and general welfare of
the Town or are not appropriate because of inadequacy to or proximity
of the proposed subdivision.
B.
Waiver for lot-line alterations.
[Added 11-5-1998 by L.L. No. 6-1998]
(1)
An applicant may request that the subdivision process
be waived when a proposed subdivision meets all of the following conditions:
(2)
To request such waiver, the applicant shall complete the subdivision application, submit a sketch plan in accordance with § 176-6A, and submit a narrative explaining the proposed subdivision. The Planning Board may, on a case-by-case basis and at its sole discretion, elect to waive the application fee.
(3)
When such a waiver is requested, the Planning Board
shall review the sketch plan and approve or deny the waiver request.
Approval may be granted when it is determined that such lot-line alteration
would not adversely affect the site's development, adversely impact
neighboring properties, alter the essential character of the neighborhood,
or negatively impact the health, safety or welfare of Town residents.
(4)
If the waiver is granted, the applicant shall file a survey map of the subdivision with the Saratoga County Clerk and the Town Planning and/or Building Department in accordance with § 176-8F. Any amendment to a previously filed map should be referenced and identified on the survey map to be filed. The survey map should have an original stamp and seal of a licensed surveyor and the signature of the duly authorized official of the Planning Board.
A.
The Planning Board is empowered to establish its own
rules of procedure for the granting of time extensions and the revoking
of approvals, so long as they are not in conflict with this chapter
or the provisions of the Town Law pertaining to subdivision plats.
C.
Such extension may be granted for not more than two
periods of six months each, at the discretion of the Planning Board.
A.
If, within one calendar year following the date of
filing of an approved final plat with the County Clerk, no building
permits have been issued to the subdivider, no construction of improvements
has begun and no performance bond in lieu of construction has been
posted by the subdivider as provided in this chapter, then the Planning
Board is empowered to revoke its approval of said final plat.
B.
Action by the Planning Board revoking approval of
a final plat shall require a subdivider to file another application
for approval in accordance with this chapter in order for any building
permits to be issued to him and for any construction to proceed.
A.
Approval by the Planning Board of a final plat shall automatically expire after 62 days following the date of such approval as provided in § 176-8J, unless the subdivider, within this period, shall have duly filed such plat with the County Clerk in accordance with § 276 of the Town Law and the County Clerk shall have duly notified the Planning Board of the filing in accordance with § 279 of the Town Law.
[Amended 2-19-2009 by L.L. No. 5-2009]
B.
On and after such expiration date, any formal offers
of cession submitted by the subdivider shall be deemed to be invalid,
void and of no effect.
Performance bonds in default shall be subject to action in accordance with § 176-16 (Performance bonds).
