Where the Planning Board finds that extraordinary hardships
may result from strict compliance with this chapter, it may vary the
regulations so that substantial justice may be done and the public
interest secured, provided that such variation will not have the effect
of nullifying the intent and purpose of the Comprehensive Plan, Zoning
Ordinance, Official Map or this chapter. Notwithstanding any provision
of law to the contrary, where a plat contains one or more lots which
do not comply with the zoning local law regulations, application may
be made to the Zoning Board of Appeals for an area variance pursuant
to § 7-712-b of Village Law, without the necessity of a decision
or determination of an administrative official charged with the enforcement
of the zoning regulations. In reviewing such application, the Zoning
Board of Appeals shall request the Planning Board to provide a written
recommendation concerning the proposed variance.
On granting variances and modifications, the Planning Board
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
The Planning Board may waive, when reasonable, any requirements or
improvements for the approval, approval with modifications or disapproval
of subdivisions submitted for its approval. Any such waiver, which
shall be subject to appropriate conditions, may be exercised in the
event any such requirements or improvements are found not to be requisite
in the interest of the public health, safety, and general welfare
or inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the subdivision.
