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 to or in proximity
with the proposed subdivision, it may waive such requirements, subject
to appropriate conditions.
In granting variances and modifications, the
Board may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements varied
or modified.
A.
Interpretation. The provisions of this chapter in
their interpretation and application shall be held to the minimum
requirements for the promotion of the public health, safety and general
welfare.
B.
Conflict. This local law is not intended to interfere
with, abrogate, or annul any other ordinance, law, rule or regulations,
statute or provision of law. Where any of the provisions of these
regulations impose restrictions different than any other ordinance,
law, rule or regulation or other provision of law, whichever provisions
are more restrictive or impose higher standards shall control.
C.
Severability. If any part or provision of this local
law or application thereof to any person or circumstances is judged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision or application
directly involved in the controversy in which the judgment shall have
been rendered and shall not affect or impair the validity of the remainder
of this local law or the application thereof to other persons or circumstances.
The Village hereby declares it would have enacted the remainder of
this local law even without such part, provision or application.
