[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where the Planning Board finds that extraordinary and unnecessary
hardship may result from strict compliance with these regulations,
due to 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 or modify such
regulations so that substantial justice may be done and the public
interest is secured, subject to appropriate conditions and provided
that such relief will not have the effect of nullifying the intent
and purpose of the Official Map, the Master Plan or the Zoning Regulations.[2]
A.
The standards and requirements of these regulations may be modified
by the Board in the case of a plan and program for a complete new
community, planned neighborhood or cluster development which, in the
judgment of the 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 with
and achievement of the plan.
B.
In waiving and granting modifications, the Planning Board shall require
such conditions as will, in its judgement, secure substantially the
objectives of the standards or requirements so waived or modified.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Penalties for offenses. A violation of this chapter is hereby declared
to be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both for conviction of a
first offense; for conviction of a second offense both of which were
committed within a period of five years, punishable by a fine not
less than $350 nor more than $700 or imprisonment for a period not
to exceed six months, or both; and, upon conviction for a third or
subsequent offense all of which were committed within a period of
five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter or of such
local law, ordinance or regulation shall be deemed misdemeanors and
for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation shall
constitute a separate additional violation.
[Amended 8-13-1986 by L.L. No. 1-1986; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
B.
Enforcement Officer. These regulations shall be enforced by the Enforcement
Officer, who shall be appointed by the Town Board. No building permit
or certificate of compliance shall be issued by him except in compliance
with all provisions of these regulations, including any permitted
waiver or adjustment thereto.
