A.
Where the Planning Board finds that extraordinary
hardships may result from strict compliance with this chapter, it
may adjust the regulations so that substantial justice may be done
and the public interest served, provided that any such adjustment
will not have the effect of nullifying the intent and purpose of this
chapter. In granting any adjustment, the Planning Board shall attach
such conditions as are, in its judgment, necessary to secure the objectives
of the standards or requirements so adjusted.
B.
Applications for waivers shall be made upon the filing
of the preliminary plan.
A.
If any building, street or improvement is erected
or constructed or if any building, street or improvement is used in
violation of this chapter, any appropriate action or proceeding, whether
by legal process or otherwise, may be instituted or taken, in addition
to other remedies provided by law, to prevent such unlawful erection,
construction or use; to restrain, correct or abate such violation;
to prevent the occupancy of said building; or to prevent any illegal
act, conduct, business or use in or about the subdivision.
B.
Any violation of this chapter shall be an offense
punishable by a fine not exceeding $250 or by imprisonment not exceeding
15 days, or by both such fine and imprisonment. Each week's continued
violation shall constitute a separate, additional violation. A first
violation shall be deemed to have occurred from the date of written
notification served by a designated official of the Engineering Department
or from such date as may be designated in such written notice.
[Amended 1-16-2002 by L.L. No. 1-2002]
Whenever a violation of this chapter occurs,
any person may file a complaint. All such complaints must be in writing
and shall be filed with the Engineering Department, which shall properly
record such complaint and immediately investigate any report.
This chapter may, from time to time, be revised,
modified or amended.
Chapter 35 of the Code of the Town of Union,
otherwise known as "Subdivision Regulations of the Town of Union,"
and any and all amendments thereof are hereby repealed. Such repeal
shall not be construed as abating any action now pending under the
subdivision regulations; or as discontinuing, abating, modifying or
altering any penalty accruing or to accrue; or as affecting the liability
of any person, firm or corporation; or as waiving any right of the
Town of Union under any section or provision existing at the time
of the passage of this chapter; or as vacating or annulling any rights
obtained by any person, firm or corporation, by lawful action of the
Town of Union.
