Pursuant to § 274 of the Town Law,[1] as amended, § 170-114 of Chapter 170, Zoning, delegates final authority to the Planning Board for approval of any site plan required by the Zoning Ordinance. Pursuant to § 274-a of the Town Law, these regulations are adopted to establish a procedure for review of site plan applications.
[1]
Editor's Note: Section 274 of the Town Law
was repealed by L.1992, c. 663, § 1, effective 7-1-1993.
See now Town Law § 271.
Where the Planning Board finds that, because
of special circumstances of a particular case, extraordinary hardships
may result from strict compliance with these regulations, it may adjust
the regulations so that substantial justice may be done and the public
interest secured, provided that any such adjustment will not have
the effect of nullifying the intent and purpose of these regulations,
the Town Development Plan or the Official Map of the town. In granting
any adjustment, the Planning Board shall attach such conditions as
are, in its judgment, necessary to secure substantially the objectives
of the standards or requirements so adjusted.
[Amended 1-18-1996 by L.L. No. 1-1996]
A.
Procedure. These regulations are adopted in accordance
with § 271(13) of the Town Law and may be amended in accordance
therewith.
B.
Applicability. Amendments shall take effect on the
date specified in the local law enacting such amendments and shall
apply to any site plan which has not received approval prior to such
date.
In order that properties may be developed in
accordance with the authority, jurisdiction and policy of the town,
these regulations are hereby adopted.
