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 Comprehensive
Plan or the Zoning Ordinance,[1] if such exists.
Procedure. 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. The Planning
Board must state, in writing, its grounds for electing to waive such
requirements and file such statement along with the subdivision application
and supporting documents. Requirements of this law may not be waived
except as properly voted by the Planning Board. Waivers shall be explicitly
requested by the applicant, in writing, and expressly granted only
by the Planning Board. A petition for any waiver shall be submitted,
in writing, by the subdivider at the time the sketch plan is filed
for the consideration of the Planning Board. The subdivider must set
out in his/her petition all the grounds for the application and all
the facts pertinent to the request.
Should any section or provision of the regulations contained
herein or as amended hereafter be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of the regulation as a whole or any part thereof other than the part
declared to be invalid.
Nothing in these regulations, including the approval and signature
of any subdivision plat, shall be construed to ensure or in any way
guarantee any subdivision or building, structure, improvement, installation
or use therein against defect, failure or other shortcoming, and the
Town shall not be held liable for the same.
The adoption of this local law shall repeal and replace the
entirety of the Town of Waterford Land Subdivision Regulations which
were adopted as Town of Waterford Local Law in 1984. This section
of Local Law No. 4 of 2021 shall entirely replace Local Law of 1984.
Upon the adoption of this local law, Town of Waterford Land Subdivision
Regulations of 1984 shall no longer be in force and effect.
The Planning Board reserves the right to hire professional consultants,
at the applicant's expense, to assist the Planning Board in its review
of any information filed by the applicant including that filed under
the SEQRA process. All costs related to the review of a subdivision,
site plan or special use permit, including any studies, reports, analyses,
or other information that may be required by the Planning Board, shall
be borne by the applicant. In addition to the application fees established
by the Town Board, an escrow account, funded by the applicant, may
be established to cover all costs related to the review of the subdivision.
The applicant shall supply the Planning Board information as may be
required to calculate the dollar amount required for the escrow account.
This law shall become effective upon filing with the New York
State Department of State.
