[Amended 6-21-1990 by L.L. No. 2-1990]
The site development plan rules and regulations (SDPRR) are established herein by of authority Article 7 of the Village Law of the State of New York and Article 10 of the Municipal Home Rule Law. They supplement the requirements of Article IX, Site Development Plan Review, of Chapter 290, Zoning, of the Code of the Village of Chestnut Ridge and apply to all site development plans required to be submitted to the Village Planning Board for all buildings, structures and uses other than for single-structure, one-family detached residences on a lot, or for additions, alterations or structures accessory thereto.
The rules and regulations are intended to assist the Village Planning Board in fulfilling the objectives set forth in § 290-45, Article IX, Chapter 290, Zoning.
All site development plans shall comply with the application requirements and procedure as set forth in Article IX of Chapter 290.
[Amended 6-21-1990 by L.L. No. 2-1990; 4-28-2022 by L.L. No. 4-2022]
At least five days prior to the public hearing on the preliminary and final site development plan, the applicant shall submit an affidavit stating that he has sent notice of such hearing by first class U.S. Mail to property owners and registered mailing addresses within 500 feet of the perimeter of the site (as shown on the latest Town of Ramapo tax rolls), at least 10 days prior to the public hearing. The applicant shall file with the Village a copy of the certificates of mailing as provided by the U.S. Postal Service evidencing such mailing to each of the said property owners and registered mailing addresses. The applicant shall also submit an affidavit that, at least 10 days prior to the public hearing, posters (in a form as available from the Clerk to the Planning Board) were placed in visible locations on any public thoroughfare abutting the site at each boundary line, and at distances of every 200 feet along the entire street frontage of the property. All such posters shall be removed from the site and from the public thoroughfares within 24 hours after the close of the public hearing to which they relate. The notice of public hearing shall also be published in the official newspaper of the Village at least 10 days prior to said hearing. To the extent permitted by law, and to the extent practicable, the applicant is responsible for complying with all notice, posting, and publication requirements, General Municipal Law referral compliance, and for filing proof of compliance with the Village at least five days prior to the public hearing. The foregoing requirements shall be enforced for all applications pursuant to this chapter notwithstanding any other contrary provisions that may exist in the Village Code.
A. 
Sign-in sheets (optional, for use at major hearings): Sign-in sheets may be made available for those wishing to register to speak at the discretion of the Chairman. During the public comment portion of the hearing, speakers will be called in the order shown on the sign-in sheets.
B. 
Hearing opened.
(1) 
Chairman opens the hearing, explaining the purpose of the hearing and the history of the proposal before the Board.
(2) 
Affidavit of posting, publication, and mailing are noted.
(3) 
Reports in the file are noted.
(4) 
Comments of the other municipal agencies are noted.
C. 
Applicant's presentation. The applicant, his technicians, attorneys, etc., make their presentation.
D. 
Village consultant reports. Village consultants, agencies, etc., present a short summary of their reports in the file.
E. 
Public comment.
(1) 
Names are called from sign-in sheet, in order, until sheet is exhausted.
(2) 
Each speaker shall state his/her name and address.
(3) 
Each person may speak once; the maximum time allocation may be limited to five minutes.
(4) 
Any questions asked will be answered by the appropriate party, as directed by the Chairman.
(5) 
When the public has concluded, the applicant is permitted to comment.
(6) 
Any member of the public wishing clarification may ask for such at this time, with a time limit of three minutes.
F. 
Close of the public hearing.
G. 
Board discussion of application.
H. 
Board action. The options available to the Board are:
(1) 
Approve the application.
(2) 
Approve the application with conditions and/or modifications.
[Amended 6-21-1990 by L.L. No. 2-1990]
(3) 
Deny the application.
(4) 
Reserve decision or adjourn to a future meeting.
A. 
Application checklist.
[Amended 6-21-1990 by L.L. No. 2-1990]
(1) 
The following is a checklist of items to be submitted at the time of application for preliminary and final site development plan approval:
(a) 
Sixteen copies of site development plan application with an affidavit of ownership attached.
(b) 
One copy of notice.
(c) 
One copy of 809 Affidavit.
(d) 
One copy of Owner's Consent Affidavit.
(e) 
Sixteen copies of narrative explaining project.
(f) 
Letter from Building Inspector stating whether any violations exist on the property.
(g) 
Three copies of data for Village Engineering Consultant [see Subsection B(2)].
(h) 
Sixteen copies of site development plan, unless additional copies are required for referral to agencies.
(i) 
Sixteen copies of environmental assessment form pursuant to State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(j) 
Certified check, payable to the Village of Chestnut Ridge, in accordance with the Standard Schedule of Fees.
(2) 
For final site development plan approval, the following additional documents.
(a) 
Two copies of the cost estimate form.
(b) 
Two copies of the building plans and elevations.
(c) 
Any additionally required SEQRA documentation.
(d) 
All required state and county permits (Department of Environmental Conservation, Department of Transportation, Rockland County Highway Department, etc.).
(e) 
Any required additional fee in accordance with Standard Schedule of Fees.
B. 
Site development plan specifications. The site development plan should be presented in a series of sheets of uniform size (note: The maximum sheet size should be 30 inches by 42 inches; sheet sizes of reasonable dimensions should be used, such as 24 inches by 36 inches, not 16 inches by 48 inches), containing the information listed below on each of the respective sheets. These plan specifications are for preliminary and final site development plan approval.
[Amended 6-21-1990 by L.L. No. 2-1990]
(1) 
Planimetric site layout sheet (Sheet No. 1): (note: Topography is not shown on this sheet).
(a) 
Area map at a scale of one inch equals 300 feet (this is the Tax Map scale).
(b) 
Existing zoning district boundaries within 500 feet, to be shown on the area map. If such a boundary goes through the site in question, it should also be shown on the site development plan.
(c) 
All properties owned by applicant within 500 feet of the site. If the applicant is other than the owner of record, than all properties owned by the applicant and the owner within 500 feet of the site plan shall be shown.
(d) 
Standard site development plan notes (see Subsection C).
(e) 
Property boundaries and existing tax lot lines.
(f) 
Existing public streets abutting or crossing site.
(g) 
Existing structures and uses located on site.
(h) 
Approximate locations of existing structures on adjacent properties within 500 feet of perimeter of the site.
(i) 
Proposed location and use of any new building or structure, including all aboveground mechanical, electrical and other utility equipment.
(j) 
Proposed location of:
[1] 
Walkways;
[2] 
Benches;
[3] 
Recreation facilities; and
[4] 
Dumpsters and dumpster enclosures.
(k) 
Existing and proposed vehicular access to and from the site.
(l) 
Location and layout of:
[1] 
Driveways;
[2] 
Parking areas; and
[3] 
Loading areas.
(m) 
Proposed location, type and height of fencing.
(n) 
Proposed location of outdoor lighting fixtures.
(o) 
Site development plan of complete development, showing stages of construction, if applicable.
(p) 
Along all road frontages, show:
[1] 
Center line of existing right-of-way;
[2] 
Edge of existing pavement;
[3] 
Designated street line;
[4] 
Front setback line; and
[5] 
Existing trees over four inches in diameter (measured four feet above grade) and a description of their condition.
(q) 
Location of the curb cuts (or points of access and egress for the properties immediately abutting and across the street from the access point(s) to the site).
(r) 
The computation for the required number of parking spaces, as provided for in the Table of Use Requirements.[2]
[2]
Editor's Note: The Table of Use Requirements is included as an attachment to Ch. 290, Zoning.
(s) 
Types of materials proposed to be used on the site.
(t) 
On-site development plans involving signs, the location of freestanding signs in relation to the designated street line.
(u) 
All pertinent zoning setback and yard dimension lines.
(v) 
Legends, North arrow, graphic scale and title block.
(w) 
A three-and-one-half-inch blank square, in the lower right hand corner, immediately above the title block for purposes of an approval block.
(x) 
A statement that outdoor fires and burning are prohibited.
[Added 4-11-1994 by L.L. No. 2-1994]
(2) 
Grading, draining and utilities plan sheet (Sheet No. 2):
(a) 
All items listed for Sheet No. 1 should be shown with the exception of Subsection B(1)(b), (n), (r), (t), (u), (a) and (d).
(b) 
Existing and proposed contours at a two-foot interval (or less) extended to 50 feet beyond the boundaries of the site.
(c) 
Location and types, sizes and slopes, where pertinent, of existing and proposed waterlines, valves and hydrants, storm and sanitary sewer lines, electric lines, telephone lines, gas and other utility lines, and utility poles. Typical cover should be indicated over all proposed underground utility lines.
(d) 
Existing and proposed stormwater drainage and underdrain systems, including:
[1] 
Location, size and slopes of all pipes and swales, including invert and top elevations at each manhole, inlet, headwall or other appurtenant drainage structure;
[2] 
Base width, side slope, inverts, and lining of each swale (riprap, asphalt, concrete grass, etc.); and
[3] 
Inverts of underdrain systems at bends and outlets.
(e) 
In addition to the drainage items in Subsection B(2)(d) above, the applicant should supply the following:
[1] 
Four hundred inches scale map showing the limits of the watershed in which the property is located (the development site should be shaded in);
[2] 
Drainage computations for the runoff entering the site for fully developed watershed and for the site itself after proposed development; and
[3] 
A marked-up grading plan showing subareas colored in to each drainage structure.
(f) 
Location and spot grades at top and bottom of retaining walls.
(g) 
The following standard erosion control notes:
Standard Erosion Control Notes
An erosion control system will be utilized by the developer to minimize the production of sediment from the site. Methods to be utilized will be those found most effective for the site and shall include one or more of the following, as applicable:
(1)
Temporary sedimentation entrapment areas shall be provided at key locations to intercept and clarify silt laden run off from the site. These may be excavated or may be created utilizing earthen berms, riprap or crushed stone dams, hay bales, or other suitable materials. Diversion swales, berms, or other channelization shall be constructed to ensure that all silt-laden waters are directed into the entrapment areas, which shall not be permitted to fill in, but shall be cleaned periodically during the course of construction. The collected silt shall be deposited in areas safe from further erosion.
(2)
All disturbed areas, except roadways which will remain unfinished for more than 30 days, shall be temporarily seeded with 1/2 lb. of rye grass or mulched with 100 lbs. of straw or hay per 1,000 square feet. Roadways shall be stabilized as rapidly as practicable by the installation of the base course.
(3)
Silt that leaves the site in spite of the require precautions shall be collected and removed as directed by appropriate municipal authorities.
(4)
At the completion of the project, all temporary siltation devices shall be removed and the affected areas regarded, planted, or treated in accordance with the approved site plans.
(3) 
Landscaping and lighting plan sheet (Sheet No. 3):
(a) 
All items listed for Sheet No. 1 should be shown with the exception of Subsection B(1)(r), (t), (a), (b), (d), (u), and (w).
(b) 
Location, direction, type and height of outdoor lighting facilities, including isolux curves.
(c) 
Location and extend of existing:
[1] 
Wooded areas;
[2] 
Rock outcrops; and
[3] 
Single large trees (four inches or more, measured four feet above ground).
(d) 
Proposed location, design and type of screening and landscaping, including trees. A planting list should be provided on the drawing, keyed to plan, showing botanical and common names, species, quantities, height and caliper of planting materials. Provide a separate list of all existing materials to be retained. The landscaping plan and schedule shall be prepared and certified by an appropriate licensed design professional.
(e) 
The following standard landscape notes:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Standard Landscape Notes
(1)
Mulch all plant beds and trees with a 4 inches depth of sugar cane or licorice root mulch.
(2)
Stake all trees with 2 cedar stakes, rubber hose around tree (six feet zero inch above grade) and twisted No. 10 gauge galvanized wire.
(3)
Plant pits shall be 12 inches wider and 6 inches deeper than the root ball. Remove all existing soil and backfill with a mixture of 1 part peat humus to 4 parts topsoil. Add 3-year fertilizer packets (or equal): 1 per inch of tree caliper or per 12 inches height of shrub.
(4)
Guarantee all plants and workmanship for two planting seasons.
(5)
All planting shall be placed under the direction of an appropriate licensed design professional. Notify 48 hours prior to planting.
(6)
Provide the Village of Chestnut Ridge Building Inspector with a copy of the state certificate of source for all plant material.
(7)
All plant material shall be nursery grown and shall conform to the American Nursery and Landscape Association's Standards.
(4) 
Profile and detail plan sheet(s) (Sheet No. 4, etc., as many as required):
(a) 
Profiles of roads, driveways, storm drainage pipes and channels, and sewer pipes.
(b) 
Elevation view of any freestanding signs, showing dimensions and sign area (both sides count) and setback from designated street line; and on building fascia, the height of signs above grade, their overall height, dimensions and area.
(c) 
Construction details illustrating all site improvements and those required in other sections of the rules and regulations, in accordance with Village construction standards and specifications.
(5) 
Additional sheets. For phased projects or large-scale projects, separate sheets may be required to provide adequate clarity.
C. 
Standard site development plan notes. The following standard notes should be placed on the planimetric site layout sheet (Sheet No. 1) in a legible, convenient manner:
(1) 
This is Lot _____ in Section _____ as shown on the Town of Ramapo Tax Map.
(2) 
Area of tract:
(3) 
Zone:
(4) 
Proposed use:
(5) 
Record owner:
(6) 
Applicant:
(7) 
Fire district:
(8) 
School district:
(9) 
Water district:
(10) 
Water supply by:
(11) 
Sewer district:
(12) 
Datum: USGS.
(13) 
All utilities underground. Electric service shall be in conduit of not less than two-inch diameter.
(14) 
There are no covenants, deed restrictions, easements, or other reservations of land relative to this site, except as shown on said plan (except for the following):
(15) 
(When appropriate): The Zoning Board of Appeals, on _____ as case number ______ in the application of _____, granted the following variances: (list variances and conditions, if any).
[Amended 6-21-1990 by L.L. No. 2-1990]
(16) 
No sign(s) other than those shown on this drawing are permitted without prior approval of the Planning Board (tenants are to be advised of this condition).
(17) 
The undersigned, owner and/or applicant, as a condition of approval of this site plan, hereby agrees to complete the within site development plan as drawn and all improvements shown thereon, as a condition of the issuance of a building permit. The applicant/owner is aware that no changes in this plan may be made unless approved by the Planning Board.
Applicant _____________________________ Date _______________________
Owner _____________________________ Date _______________________
(18) 
Plans are based on field engineering data and certified hereto by:
Licensed Professional Engineer Or Land Surveyor
Date
D. 
Site development plan revisions. All site development plans that are submitted to the Planning Board, which have been revised, shall have the revision number noted in a triangle along with a brief summary of the elements revised and the dates of revision. Additionally, this revision number (in triangle) is to be used to indicate on the plan those places where the changes have been made. Any plan submitted without this system shall be returned to the applicant and shall be subject to a resubmission fee.
A. 
Traffic movement. In areas where landscape materials are used to define paths of traffic movement, the following guidelines shall be used:
(1) 
Plant materials shall consist of upright juniper or yew, barberry, firethorn, evergreen euonymus or equivalent approved by the Planning Board.
(2) 
Plants shall be selected to achieve not more than three feet mature height. Planting height shall be 18 inches to 24 inches.
(3) 
Plants shall be spaced to create a compact hedge border at time of planting.
(4) 
As an alternate, street trees may be used. Trees shall be approved by the landscape consultant, 3 1/2 inches to four inches caliper, spaced 20 feet on center, and have branching begin at a height of no less than 10 feet and no greater than 12 feet.
(5) 
Planting beds shall be covered with the following material:
(a) 
Licorice mulch or approved equivalent at four inches minimum depth.
(b) 
Stone aggregate at three feet minimum depth.
(c) 
Where pedestrian cross traffic is evident, a paving material shall be used, such as paving blocks set in sand with tight joints or equivalent.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Parking areas. In areas where landscape materials are used to complement parking areas, the following guidelines shall be used:
(1) 
Forty-foot planting islands at the end of or within parking bays shall contain the following materials:
(a) 
Honey locust, 3 1/2 inches to four inches caliper planted 20 feet on center.
(b) 
Other columnar varieties may be substituted upon Planning Board approval.
(c) 
Trees with low-growing branches, gum or moisture, seeds or pods shall be avoided.
(d) 
Branching of trees shall begin at a height no less than 10 feet and no greater than 12 feet.
(2) 
Areas under shade trees shall be planted with horizontal juniper or other ornamental evergreens of comparable growth habit. Plant material shall have an eighteen-inch to twenty-four-inch spread and shall be spaced 18 inches on center.
(3) 
Planting beds shall be covered as in Subsection A(5) above.
C. 
Entrance definition. Where landscape materials are used to define the point of entrance to a commercial facility, the following guidelines shall be used:
(1) 
Plant materials shall consist of a carefully designed variety of evergreen shrubs selected from the following:
(a) 
Upright yew.
(b) 
Azalea.
(c) 
Japanese Andromeda.
(d) 
Euonymus.
(e) 
Rhododendron.
(f) 
Laurel.
(g) 
Boxwood.
(h) 
Other evergreen varieties as approved by the Planning Board.
(2) 
Design may be a natural or formal setting; however, plant height shall not interfere with required sight distances.
(3) 
Planting beds shall be covered in Subsection A(5) above.
D. 
Pedestrian area. Where landscape materials are used to complement areas intended for pedestrian activity, the following guidelines shall be used:
(1) 
Pedestrian areas shall be paved with concrete or paving block set in concrete.
(2) 
In order to minimize large areas of paving, landscape features, such as two-foot to three-foot earth mounds and planters, shall be used.
(3) 
Plant materials shall consist of a variety of evergreen and deciduous shrubs and trees selected from the following:
Evergreen
Deciduous
Spreading yew
Japanese red maple
Boxwood
Crabapple
Laurel
Cherry
Euonymus
Dogwood
Azalea
Azalea
Juniper
Forsythia
Japanese Andromeda
Lilac
White pine
Other varieties approved by the Planning Board
Mugo pine
Rhododendron
Other varieties approved by the Planning Board.
(4) 
Planting beds shall be covered with a licorice mulch or approved equivalent at four inches minimum depth.
E. 
Screen. Where landscape materials are used for screening purposes, the following guidelines shall be used:
(1) 
When sufficient space is available, a dense screen of evergreen plant materials shall be used.
(2) 
Materials may include:
White pine
Spruce
Hemlock
Arborvitae
(3) 
Plant materials shall be eight feet to 10 feet in height when planted and shall be spaced to form an opaque screen either in a single row or in multiple rows with alternate spacing.
(4) 
Where limited space is available, stockade or other approved fence may be used in conjunction with climbing or espaliered plant materials.
F. 
Natural area. Where landscape materials are used primarily to beautify otherwise vacant spaces, the following guidelines shall be used:
(1) 
Planting varieties shall be the same as Subsection D(3) and (4).
(2) 
Where practical, earth forms should be used such as two-foot to three-foot landscaped mounds.
(3) 
Planting bed cover. Same as Subsection D(4) or, as an alternate, sod may be substituted.
G. 
State and county highway right-of-way. Where landscape materials are used to complement areas within a state and county highway right-of-way, the following guidelines shall be used:
(1) 
The area shall be covered with sod or, as an alternative, stone aggregate at a minimum three inches depth may be substituted.
(2) 
Evergreen and/or deciduous materials shall be placed according to size approved by appropriate highway jurisdiction.
H. 
General requirements:
(1) 
Plant material shall be nursery grown (a copy of the state certificate of source shall be provided to the Village's Building Inspector), and selected according to hardiness and ability to withstand highway salt conditions.
(2) 
Spaces to receive plant materials shall have a minimum inside width of six feet, except that, where vehicle overhang is permitted, a ten-foot inside width shall be required.
(3) 
Loose materials, such as wood mulch and stone aggregate, shall be spread within a landscaped space at a level not to exceed 1 1/2 inches below top-of-curb.
(4) 
Areas that will receive continued pedestrian movement shall be paved.
(5) 
Landscape plans shall be designed by an appropriate licensed professional, who shall certify as to plant hardiness and shall provide as-built plans of the completed project. The Village landscape consultant shall supervise construction and installation of landscape materials.
A. 
Performance standards. Adequate lighting shall be provided on a site to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the Planning Board. All lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties. No floodlights in excess of 100 watts shall be installed without specific written approval from the Planning Board of the Village of Chestnut Ridge.
B. 
Design standards. The following design standards shall be followed on all site development plans:
(1) 
The style of the light and light standard should be consistent with the architectural style of the principal building.
(2) 
The maximum height of freestanding lights should be the same as the principal building but not exceeding 25 feet.
(3) 
All light should be shielded to restrict the maximum apex angle of the cone of illumination to 150°.
(4) 
Where lights along the property lines will be visible to adjacent residents, the lights should be appropriately shielded.
(5) 
Spotlight-type fixtures attached to buildings should be avoided.
(6) 
Freestanding lights should be so located and protected to avoid being easily damaged by vehicles.
(7) 
Lighting should be located along streets, parking areas, at intersections and where various types of circulation systems merge, intersect or split.
(8) 
Pathways, sidewalks and trails should be lighted with low or mushroom-type standards.
(9) 
Stairways, sloping or rising paths, building entrances and exits should be illuminated.
(10) 
Lighting should be provided where buildings are set back or offset.
(11) 
The following intensity in footcandles should be provided:
(a) 
Parking lots: an average of 1.0 footcandles;
(b) 
Intersections: 2.0 footcandles;
(c) 
Maximum at property lines: 0.6 footcandles;
(d) 
In residential areas: average of 0.6 footcandles.
A. 
Requirements and standards. All parking and loading areas on site development plans shall be designed and arranged in accordance with Article VII, Parking and Loading, of Chapter 290, Zoning, as applicable.
B. 
Parking spaces. All detail plan sheets (Sheet No. 4) of site development plans should contain a standard parking space and painting schedule as illustrated in Diagram A.[1]
[1]
Editor's Note: Diagram A is included as an attachment to this chapter.
C. 
Parking end islands. All parking area end islands should be designed and constructed in accordance with the detail illustrated in Diagram B,[2] and said detail, where applicable, should be shown on all detail plan sheets (Sheet No. 4).
[2]
Editor's Note: Diagram B is included as an attachment to this chapter.
D. 
Parking for handicapped persons. All site development plans shall provide for parking spaces designated for the handicapped, which shall be posted with standard sign, as illustrated on the detail plan sheet (Sheet No. 4; illustrated in Diagram C[3]).
[3]
Editor's Note: Diagram C is included as an attachment to this chapter.
E. 
Fire lanes and zones. All fire lanes or zones shall be shown on the site development plan (Sheet No. 1) and should be clearly labeled and dimensioned, and marked with a sign as illustrated in Diagram D.[4] After preliminary approval, developer's design professional shall meet with the fire inspectors of the Village of Chestnut Ridge and/or the local fire department to determine their requirements, which shall be shown on the final drawings insofar as they are external to the building.
[4]
Editor's Note: Diagram D is included as an attachment to this chapter.
[Amended 6-23-1993 by L.L. No. 2-1993]
A. 
Application and procedure for approval of signs. All signs permitted in the Village shall comply with the application requirements and procedure as set forth in Article VIII, §§ 290-36, 290-37, and 290-39, of Chapter 290, Zoning. Applications for sign plan approvals (which are not part of a site development plan application) shall be accompanied by copies of a drawing showing elevation view of any freestanding signs, showing dimensions and sign area (both sides count) and setback from designated street line; and on building fascia, the height of signs above grade, their overall height, dimensions and area.
B. 
Signs prohibited. The types of signs which are described in § 290-38 of Article VIII of Chapter 290, Zoning, are prohibited in the Village.
C. 
Sign requirements. All signs must comply with the requirements set forth in Article VIII of Chapter 290, Zoning, of the Code of the Village of Chestnut Ridge and the Table of General Use Requirements of such chapter.
D. 
Additional standards applicable to signs:
(1) 
Directional signs. Such signs are permitted in all districts and accessory to any use requiring site development plan review. Such signs shall be located as determined by the Planning Board and shall generally not exceed two square feet of area and, if illuminated, shall not exhibit glare.
(2) 
Projection. A sign attached to a building shall not extend more than three feet from the building wall, and shall not extend above the roof level of the building.
(3) 
Signs on site features. No signs shall be placed, painted or drawn upon trees, rocks or natural features on the site, or on utility poles, bridges, culverts, towers or similar structures.
(4) 
Signs near state park or parkway. If the applicant intends to propose a sign near or adjacent to any State park or parkway, he should first consult the appropriate State agency charged with the responsibility for the maintenance of such park or parkway.
Where the Planning Board finds that, because of special circumstances of a particular site, extraordinary difficulties may result from strict compliance with these regulations, it may adjust the regulations so that substantial justice may be done and the public interest secured, provided that any such adjustment will not have the effect of nullifying the intent and purpose of these regulations. In granting any adjustment, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the regulations so adjusted.