The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following planning
and design development standards. These standards shall be considered
to be minimum requirements.
Where the Planning Board finds that because
of exceptional and unique conditions of topography, location, shape,
size, drainage or other physical features of the site or because of
the special nature and character of surrounding developments, the
minimum standards specified herein would not reasonably protect or
provide for the public health, safety or welfare, special engineering
designs shall be required to protect the public health, safety and
comfort by the Planning Board.
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 and general welfare or is inappropriate because of
inadequacy or lack of connecting facilities adjacent or in proximity
to the proposed subdivision, it may waive such requirements subject
to appropriate conditions.
To enable and encourage 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 provisions
of streets and utilities and to preserve the natural and scenic qualities
of open lands, the Planning Board may modify the residential zoning
provisions simultaneously with the subdivision approval, subject to
the following:
A.
The owner shall make written application for the use
of this procedure, which may be followed at the discretion of the
Planning Board.
B.
The owner shall submit a proposed site plan showing
areas where structures will 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.
C.
The owner shall submit a statement setting forth the
nature of such modifications, changes and supplementation of existing
zoning provisions.
D.
This procedure shall be applicable 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 in which such land is situated and conforming to all other
applicable requirements.
E.
At the discretion of and subject to any conditions
which the Planning Board may impose, the dwelling units permitted
may be detached, attached or multistory structures.
F.
If this procedure results in a subdivision plat showing
lands available for parks, open spaces or other municipal purposes,
then the Planning Board, as a condition of 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.
G.
Before any such modification is made in the zoning
regulations, there shall be a public hearing on the proposed site
plan, as required by law.
The standards and requirements of these Subdivision
Regulations may be modified by the Planning Board in the case of a
planned unit development which in its judgment provides adequate public
spaces and improvements for the circulation, recreation, light, air
and service needs of the tract when fully developed and which also
provides such covenants or other legal provisions as will assure conformity
to and achievement of the plan.
A.
In granting waivers or modifications, the Planning
Board shall require such reasonable conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so waived or modified.
Land to be subdivided shall be of such character
that it can be used safely for building purposes without danger to
health or peril from flood, fire or other menace.
Subdivisions, including streets and parks, shall
conform to and be in harmony with the Master Plan and the Zoning Ordinance.
