Where the Planning Board finds that extraordinary and unnecessary hardships exist, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or Chapter 130, Zoning.
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 or lack of connecting
facilities adjacent or in proximity to the proposed subdivision, it may waive
such requirements, subject to appropriate conditions.
In granting variances and modifications, the Planning Board shall require
such conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so varied or modified.
A.
The Planning Board is empowered to modify applicable provisions of Chapter 130, Zoning, in accordance with the provisions of § 278 of the Town Law 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 economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. This procedure may be followed at the discretion of the Planning Board if, in said Board's judgment, the application would benefit the Town.
[Amended 9-8-2005 by L.L. No. 3-2005]
B.
The application of this procedure shall result in a permitted number of building plots or 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 Chapter 130, Zoning, and all other applicable Town and state requirements, including floodplain and wetland regulations. In order to determine the number of living units allowed to be built under this section, the applicant shall prepare a standard subdivision plat per the requirements of the existing zoning district regulations. Such plat shall meet all submittal requirements and procedural requirements in this chapter. The Planning Board shall use this plat as a guide for determining the number of living units allowed on the particular lands in question.
C.
In the case of a residential plat or plats, the dwelling
units permitted may be, at the discretion of the Planning Board, in detached,
semidetached or attached structures. In single-family residential districts,
the units must remain predominantly owner-occupied rather than non-owner-occupied.
The Planning Board shall be guided by the following criteria to determine
the appropriateness of the application:
(2)
It is in harmony with the general purpose and intent
of this chapter, taking into account the location and size of the use, the
nature and intensity of the operations involved in or conducted in connection
with it and the size of the site with respect to streets giving access thereto.
(3)
It would not tend to depreciate the value of adjacent
property, taking into account the possibility of screening or other protective
measures.
(4)
It would not create a hazard to health, safety or general
welfare.
(5)
It would not be detrimental to the flow of traffic in
the vicinity.
(6)
It would not alter the essential character of the neighborhood
nor be detrimental to the residents thereof.
(7)
It would be in general conformance with the intent of
the Master Plan.
(8)
It would be consistent with development standards and
guidelines of the zoning district in which it is located.
D.
The Planning Board may request that the type, style or
design of the dwelling units be modified by the applicant to accomplish these
objectives, as a condition of approval of a § 278 application in
accordance with § 278 of the Town Law.
[Amended 9-8-2005 by L.L. No. 3-2005]
E.
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 condition shall be approved by the Town Board before the plan may be
approved for filing. These measures may include:
(1)
Dedication to the municipality.
(2)
Formation of a homeowners' association to own and manage
the property.
(3)
Deed to a conservation organization or land trust. Said
application shall be accompanied by documentation indicating the ability and
willingness of the organization to take title.
(4)
Formation of a park or open space district to own and
manage the property.
(5)
Original owner or new property owners retain ownership,
but the future development rights on the property are removed by easement
or covenant of which the Town is the beneficiary.
F.
A subdivider or the Planning Board may request the use of § 278 of the Town Law, in which case the subdivider shall present along with the proposal in accordance with the provisions of said section, a conventional sketch plat which is consistent with all the criteria established by these regulations and Chapter 130, Zoning.
[Amended 9-8-2005 by L.L. No. 3-2005]
G.
Upon determination of the Planning Board that such proposal
is suitable for application under § 278 of the Town Law, the applicant
may proceed with his application for subdivision review.
[Amended 9-8-2005 by L.L. No. 3-2005]
H.
Zoning requirements specifically relating to setbacks
and buffering shall apply to the land bordering neighboring parcels of land.
I.
In order to be eligible for a § 278 application
(in accordance with § 278 of the Town Law), a minimum of 50% of
the subject parcel should be preserved as open space or other suitable form.
This requirement may be waived depending upon location and the significance
of the land to be preserved.
[Amended 9-8-2005 by L.L. No. 3-2005]
J.
The use of § 278 of the Town Law shall be limited
to areas which have public water.
[Amended 9-8-2005 by L.L. No. 3-2005]
K.
The Planning Board is empowered to require the utilization
of the provisions of § 278 of the Town Law in subdivision approval
applications. Such applications may be required when:
[Amended 9-8-2005 by L.L. No. 3-2005]
(1)
The subdivision consists of 20 or more acres.
(2)
The subdivision consists of 10 or more lots.
(3)
The subdivision is adjacent to previously preserved open
space.
(4)
The subdivision contains or is adjacent to significant
environmental features.
(5)
An open area is needed for a buffer zone.
(6)
A linear strip is needed to add to existing or future
trail systems.
(7)
Specified by the Town Master Plan.
(8)
Utilities (sewer and/or water) are available and adequate
to serve the development.
L.
On the filing of a plat in the office of the County Clerk
in which § 278 of the Town Law has been used, the subdivider shall
file a copy with the Town Clerk, who shall make appropriate notations and
reference thereto on the Official Zoning Map.
[Amended 9-8-2005 by L.L. No. 3-2005]
