[Amended 5-8-1997 by L.L. No. 4-1997]
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 Master Plan or the Zoning Ordinance, if such exist. 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.
[Amended 5-8-1997 by L.L. No. 4-1997]
A. An applicant may request that the subdivision review
process be waived when a proposed subdivision:
(1) Would not create an additional lot; and
(2) A lot otherwise in conformance with the minimum town
zoning requirements would not be rendered nonconforming by virtue
of the proposed action; and
(3) Either of the following conditions is satisfied:
(a)
The action involves a modification of an existing
lot line; or
(b)
The action involves the conveyance and merger
of a portion of one parcel to an adjoining parcel.
B. To request such a waiver, the applicant shall submit
a waiver application, a sketch plan and a narrative explaining the
proposed action to the Planning Board and pay the required fee. At
the discretion of the Planning Board, a survey map may also be required
as part of the application.
C. Upon submission of a complete application, the Planning
Board shall review such application and shall either approve or deny
the application. Approval may be granted when the Planning Board determines
that the waiver would not adversely affect the site's development
or neighboring properties, alter the essential characteristics of
the neighborhood or adversely affect the health, safety or welfare
of town residents. No public hearing shall be required.
D. If the Planning Board denies the request for the waiver,
the applicant may proceed with the subdivision review process as set
forth in this chapter.