Where the Planning Board finds that extraordinary
hardships may result from strict compliance with the provisions of
this chapter, it may grant a variance from the regulations in the
specific case, so that substantial justice may be done and the public
interest secured.
The standards and requirements of this chapter
may be modified by the Planning Board in the case of a program and
plan for a planned district, formed under the provisions of the Zoning
Ordinance,[1] which in its judgment provides adequate public spaces
and facilities 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 restrictions as will assure
conformity to and achievement of the plan.
A.
No variances or modifications shall be granted which
will have the effect of nullifying the intent and purpose of this
chapter or of the Village Plan.
B.
In granting variances and modifications, the Planning
Board shall require such conditions as will, in its judgment, secure
substantially the objectives, standards or requirements so modified.
In accordance with the provisions of § 7-738
of the Village Law and subject to the provisions specified therein,
the Board of Trustees may authorize the Planning Board to modify applicable
provisions of the Zoning Law[1] simultaneously with the approval of a subdivision plat
or plats.
