For the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical layout of streets and utilities and to preserve the natural and scenic qualities of open lands, the Planning Board, simultaneously with the approval of a plan, may, in appropriate cases, modify applicable provisions of Chapter 135, Zoning, in accordance with Town Law § 278, provided that:
A.
The Town Board authorizes the Planning Board to act
on a specific application.
B.
The owner makes written application for such modification.
C.
The Planning Board adopts rules and regulations setting
forth the criteria of an application.
D.
The modifications would not result in greater number of dwelling units or building plots than are permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 135, Zoning, applicable to such land. Two plans will be required for the Planning Board to review:
E.
No modifications granted by the Planning Board may change the permitted uses of such lands as set forth in Chapter 135, Zoning.
F.
The Planning Board shall record in its minutes the
grounds for granting any modification and note the date of such modification
and the nature thereof on the final subdivision plan to be recorded
in the office of the County Clerk. The Town Clerk shall make appropriate
notations and references of such modification on the Official Zoning
Map of the town.
Where the Planning Board finds that, because
of unusual circumstances of shape, topography or other physical features
of a proposed development, extraordinary hardship may result from
strict compliance with this chapter, the Planning Board may specifically
waive portions of this chapter with Town Board approval so that substantial
justice may be done and the public interest secured, provided that
no such waiver shall be granted which will have the effect of nullifying
the intent and purpose of this chapter or any other pertinent rules,
regulations or ordinances of the Town of East Bloomfield.
The standards and requirements of this chapter
may be modified by the Planning Board with Town Board approval in
the case of a plan and program for a new community or a neighborhood
unit which, in the judgment of the Planning Board, provides adequate
public spaces and improvements for the circulation, recreation, light,
air and service needs of the tract when fully developed and populated
and which also provides such covenants or other legal provisions as
will assure conformity to the achievement of the plan.
In granting modifications, the Planning Board
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so modified.
The rules and regulations, as set forth above,
may be amended, altered or revised by the Planning Board from time
to time, after public hearing, and subject to the approval of the
Town Board per § 271 of the Town Law.
Should any section or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the rules and regulations
as a whole or any other part thereof.
The Town of East Bloomfield has a fee schedule
on file at the Town Clerk's office. Copies of this schedule are available
and any fees due the town must be paid in full before approvals are
considered.
In order to expedite the noncontroversial transfer
of parcels five acres or larger, the Planning Board has the ability
to waive the following requirements detailed in development regulations
for the subdivision applications coming before them: mapping requirements
and perk tests. Such waiver shall only be given upon unanimous decision
of the Town Planning Board. This decision must be part of the written
record. The intent of the waivers is to facilitate land swaps or the
transfer of agricultural parcels, not to create building lots or development
plots where strict adherence would cause onerous burdens on the applicants.
