Pursuant to resolution of the Town Board, the
Planning Board is empowered to modify applicable provisions of the
Zoning Ordinance in accordance with the provisions of § 281 of
the Town Law and in accordance with such other reasonable conditions
as the Town Board may in its discretion add thereto. This authorization
is limited to lands so zoned in the Zoning Ordinance of the Town of
Warwick. The purposes of such authorization shall be to enable and
encourage flexibility of design and appropriate use of land, to facilitate
the adequate and economical provision of streets and utilities and
to preserve the natural and scenic qualities of open lands. The procedure
and standards hereinabove referred to are as follows:
A. Request by subdivider. A subdivider may request application of § 281 of the Town Law simultaneously with or subsequent to presentation of the sketch plan according to procedures described in Article
III. The Planning Board may, at its discretion, approve application of § 281 of the Town Law if in the Board's judgment such application would benefit the municipality. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.
(1) This procedure shall be applicable only to lands zoned
for residential purposes, and its application shall result in a permitted
number of dwelling units which shall in no case exceed the number
which could be permitted, in the Planning Board's judgment, if the
land were subdivided into lots conforming to the minimum lot size
and density requirements of the Zoning Ordinance applicable to the
district or districts in which such land is situated and conforming
to all other applicable requirements.
(2) The dwelling units permitted may be, at the discretion
of the Planning Board and subject to the conditions set forth by the
Town Board, in detached, semidetached, attached or multistory structures.
B. Sketch plat. A subdivider shall present, along with
a proposal in accordance with the provisions of § 281 of
the Town Law, a standard sketch plan which is consistent with all
the criteria established by this chapter, including but not limited
to streets being consistent with the street specifications and lots being consistent with the Zoning Ordinance.
C. Park, recreation, open space or other municipal purposes.
In the event that the application of this procedure results in a plat
showing lands available for park, recreation, open space or other
municipal purposes directly related to the plat, then the Planning
Board as a condition of plat approval may 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 Town Board may require that such conditions be approved by the
Town Board before the plat may be approved for filing.
D. Preliminary plat. Upon a determination that such sketch
plat is suitable for the procedures authorized under § 281
of the Town Law and subsequent to the resolution authorizing the Planning
Board to proceed, a preliminary plat meeting all of the requirements
of the resolution (the proposed site plan, including 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; and streets, driveways and all other physical features as
shown on said plan or otherwise described, accompanied by a statement
setting forth the nature of such modifications, changes or supplementation
of existing zoning provisions as are not shown on said site plan)
shall be presented to the Planning Board and thereafter the Planning
Board shall proceed with the required public hearings and all other
requirements of this chapter.
E. Filing; notation on Zoning Map. Upon the filing in
the office of the County Clerk of a plat for which application of
§ 281 of the Town Law has been made, the subdivider shall
file a copy with the Municipal Clerk, who shall make appropriate notations
and reference thereto on the Municipal Zoning Ordinance Map. The Secretary
of the Planning Board shall notify the Building Inspector when such
a plat is filed.
[Added 5-14-1987 by Ord. No. 87-1; amended 6-8-2000 by L.L. No. 2-2000]
A Schedule of Fees has been adopted by the Town Board pursuant to Chapter
75.