A.
Upon the findings of the Board that, due to special conditions peculiar to a subdivision or a site, certain requirements of this Part 1 are inappropriate or that strict compliance with said requirements may cause extraordinary and unnecessary hardship, the Board may vary or waive said requirements, provided that such variance or waiver will not be detrimental to the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the Official Map, Chapter 300, Zoning, the Comprehensive Plan or this Part 1. In varying or waiving certain requirements, the Board may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived.
B.
Where the Board determines that the immediate use
of any property may not require the full initial improvement of all
off-street parking and loading facilities, the Board may waive the
improvement of not more than 1/3 of the required number of spaces,
provided that the total number of spaces is shown on the approved
plan, and provided that the area not to be improved is reserved for
such future use. All such reserve land shall be used and maintained
as additional, landscaped grounds until the reserve spaces are required
to be improved. The reserve spaces shall be improved within six months
of the date of a written notice from the Board that such spaces have
been determined to be necessary. Appropriate written guaranties to
the above must be provided by the owner and approved by the Town Attorney.
[Amended 1-25-1994 by L.L. No. 3-1994]
C.
Where the Director of Planning or the Planning Board
Chairman Board determines that the holder of a site plan or subdivision
approval is not adhering to the terms and conditions set forth in
the approval resolution and on the site plan or subdivision plat,
said Director or Chairman may direct that a stop-work order be issued
to the owner of the property or the owner’s agent or the person
performing the work, or any combination thereof, directing them to
suspend all work; whereupon any and all such persons shall forthwith
stop such work and suspend all building activities until the stop
order has been rescinded. Such order and notice shall be in writing,
shall state the conditions under which the work may be resumed, and
may be served upon a person to whom it is directed either by delivering
it personally to him or by posting the same upon a conspicuous portion
of the building under construction or the site under development and
sending a copy of the same by registered mail. Issuance and service
of the stop-work order shall be carried out, at the direction of the
Director or Chairman, by the Yorktown Police Department, any other
peace officer of the Town of Yorktown, the Building Inspector or any
Assistant Building Inspector, the Building Code Enforcement Officer,
the Environmental Code Inspector or Environmental Code Enforcement
Officer, or any other code enforcement officer of the Town of Yorktown.
If the owner of the property or the owner’s agent or the person
performing the work, or any combination thereof, does not stop work
and suspend all building activities upon receipt of the stop-work
order, the issuing Planning Board may revoke the site plan or subdivision
approval and any ancillary wetlands or soil and erosion control permits.
In addition, if the party to whom the stop-work order has been issued
does not stop work and suspend all building activities at the request
of the Director or Chairman, the Town Attorney may obtain injunctive
relief.
[Added 12-21-2004 by L.L. No. 26-2004]
