A.
Application for area variance. Notwithstanding any provision
of law to the contrary, where a plat contains one or more lots which do not
comply with the zoning regulations, application may be made to the Joint Zoning
Board of Appeals for an area variance pursuant to § 267-b of the
New York State Town Law or § 7-712-b of the New York State Village
Law, without the necessity of a decision or determination of the Code Enforcement
Officer. In reviewing such application, the Joint Zoning Board of Appeals
shall request the Joint Planning Board to provide a written recommendation
concerning the proposed variance.
B.
Waiver of requirements. The Joint Planning Board may
waive, when reasonable, any requirements of 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.
