These regulations shall be deemed the minimum requirements for
the future growth and development of the Village, which will provide
adequate facilities for the housing, transportation, distribution,
comfort, convenience, safety, health and welfare of its population.
A.
Special circumstances; hardship. Where the Board finds that, because of special circumstances of a particular plat, extraordinary hardships, not of the owner's or subdivider's making, may result from strict compliance with these regulations, it may vary or waive any of the regulations so that substantial justice may be done and the public interest secured, provided that such variation or waiver shall comply with Chapter 300, Zoning, of the Code of the Incorporated Village of Old Brookville and will not have the effect of nullifying the intent and purpose of these regulations.
B.
Partitioning. In the case of a proposed partitioning, as defined in § 245-8, the Board may waive, in writing, the requirement for filing of a plat, provided that the Board shall find that:
(1)
Such partitioning is not for the purpose of offering the two parcels
for sale to the public;
(2)
Such partitioning involves no development nor conflicts with a drainageway, as defined in § 245-8;
(3)
Such partitioning complies with Chapter 300, Zoning, of the Code of the Incorporated Village of Old Brookville;
(4)
Such partitioning conforms to and will not have the effect of nullifying
the intent and purpose of these regulations; and
(5)
Such partitioning and any restrictions which the subdivider intends
to place on the land will not adversely affect the use or development
of either parcel nor of adjoining property.
C.
Conditions. In granting any variance or waiver, the Board shall set
forth such findings in its resolution of approval and such conditions
as will substantially secure the objectives of the standards or requirements
so varied or modified.
Any person, firm or corporation who violates or fails to perform any duty imposed by any provision of these regulations shall be punishable by the fines and penalties as prescribed in Chapter 104, Code Administration and Enforcement, of the Code of the Village of Old Brookville.
Any lot resulting from a subdivision which received final approval
from the Planning Board prior to August 20, 2007, and which Planning
Board approval remained valid and effective on August 20, 2007, and
whether or not such lot is held in single and separate ownership from
any other lot, shall not be subject to the provisions of these regulations.
