Town of Lyons, NY
Wayne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
The Board may grant a variance to the provisions contained herein where by reason of the exceptional shape of a specific piece of property, or by reason of exceptional topographic conditions, the strict application of these regulations would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that such relief may only be granted without detriment to the public good and without substantially impairing the intent and purposes of these regulations.
In granting such variances or modifications, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
Waiver of requirements. The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
The standards and requirements of these regulations may be modified by the Board in the case of plans for complete communities or neighborhood units or other large-scale developments, which, in the judgment of the Board, achieve substantially the objectives of the regulations contained herein and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the plan.
Any subdivider aggrieved by a finding, decision or recommendation of the Board may request and receive opportunity to appear before the Board, present additional relevant information, and request reconsideration of the original finding, decision or recommendation.
Applications for modifications and variances shall be submitted in writing by the subdivider at the time the preliminary plan is filed with the Board. The application shall state fully the grounds and all the facts relied upon by the applicant.
Applications for reconsideration shall be submitted in writing by the subdivider not less than 10 calendar days in advance of the meeting at which reconsideration is desired.
In granting a modification or variance, the Board shall record its actions and the grounds for granting the modification or variance in its minutes. A statement shall be filed within 60 days after the hearing, showing the date such modification or variance was granted, and shall be affixed to the final plan.