Where the Planning Board finds that compliance with
these regulations would cause unusual hardship or extraordinary difficulties
because of exceptional or unique conditions of topography, access,
location, shape, size, drainage or other physical features of the
site, the minimum requirements of the regulations may be modified
to mitigate the hardship, provided that the public interest is protected
and the subdivision is in keeping with the general spirit and intent
of the regulations.
No such modification may be granted if it would have
the effect of nullifying the intent and purpose of the Official Map,
the Zoning Code or these regulations.
The Planning Board may waive the requirements for
such subdivision improvements as in its judgment are not requisite
in the interest of the public health, safety and general welfare.
The Planning Board may also waive the requirements
for such subdivision improvements as in its judgment are inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the subdivision.
In granting waivers or modifications, the Planning
Board may require such reasonable conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so waived or modified.
When authorized by the Village Board through resolution,
the Planning Board may, at the time of plat approval, modify applicable
provisions of the Zoning Code. Such modifications shall be made only
for land zoned for residential purposes and only for such areas of
the Village as shall be specified by the Village Board in its resolution
of authorization.
If the subdivider makes written application for the
use of this procedure, it may be followed at the discretion of the
Planning Board if, in its judgment, its application would benefit
the Village.
The subdivider shall submit a proposed site plan showing
areas within which structures may be located, the height and spacing
of buildings, open spaces and their landscaping, off-street open and
enclosed parking spaces, streets, driveways and all other physical
features of the proposed development. The subdivider shall also submit
a statement setting forth the nature of any requested zoning modifications,
changes or supplementations as are not shown on the site plan.
The dwelling units permitted may be, at the discretion
of the Planning Board and subject to any conditions set forth by the
Village Board in its resolution, in detached, semidetached, attached
or multistory structures.
In the event that the application of this procedure
results in a final plat showing lands available for park, recreation,
open space or other municipal purposes directly related to the final
plat, then the Planning Board, as a condition of final plat approval,
shall establish such conditions on the ownership, use and maintenance
of such lands as it deems necessary to assure the preservation of
such lands for their intended purposes. The Planning Board may require
that such conditions shall be approved for recording.
Before any such modification is made in the zoning
regulations, there shall be a public hearing on the proposed site
plan by the Planning Board as required in § 7-738 of the
Village Law.
On the recording of the final plat in the office of
the Onondaga County Clerk, a copy shall be filed with the Village
Clerk, who shall make appropriate notations and references thereto
in the Zoning Code or Official Map. Such final plat shall then be
reduced to 11 inches by 17 inches, and three linen or canvas-backed
copies shall be supplied to the Village Clerk.