[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purpose of enabling and encouraging 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 layout of streets and utilities and to preserve the natural and scenic qualities of open lands, the Planning Board, simultaneously with the approval of a plan, may, in appropriate cases, modify applicable provisions of Chapter 135, Zoning, in accordance with Village Law §§ 7-706 and 7-708, provided that:
A. 
The Village Board authorizes the Planning Board to act on a specific application.
B. 
The owner makes written application for such modification.
C. 
The Planning Board adopts rules and regulations setting forth the criteria of an application.
D. 
The modifications would not result in greater number of dwelling units or building plots than are permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 135, Zoning, applicable to such land. Two plans will be required for the Planning Board to review:
(1) 
Conventional layouts meeting all zoning aspects of the Village and other development regulations.
(2) 
Modified plans meeting the applicant's intent of development.
E. 
No modifications granted by the Planning Board may change the permitted uses of such lands as set forth in Chapter 135, Zoning.
F. 
The Planning Board shall record in its minutes the grounds for granting any modification and note the date of such modification and the nature thereof on the final subdivision plan to be recorded in the office of the County Clerk. The Village Clerk/Treasurer shall make appropriate notations and references of such modification on the Official Zoning Map of the Village.
Where the Planning Board finds that, because of unusual circumstances of shape, topography or other physical features of a proposed development, extraordinary hardship may result from strict compliance with this chapter, the Planning Board may specifically waive portions of this chapter with Village Board approval so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent and purpose of this chapter or any other pertinent rules, regulations or ordinances of the Village of Bloomfield.
The standards and requirements of this chapter may be modified by the Planning Board with Village Board approval in the case of a plan and program for a new community or a neighborhood unit which, in the judgment of the Planning 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 to the achievement of the plan.
In granting modifications, the Planning Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The rules and regulations, as set forth above, may be amended, altered or revised by the Planning Board from time to time after public hearing and subject to the approval of the Village Board per §§ 7-706 and 7-708 of the Village Law.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the rules and regulations as a whole or any other part thereof.
The Village of Bloomfield has a fee schedule on file at the Village Clerk/Treasurer's office. Copies of this schedule are available and any fees due the Village must be paid in full before approvals are considered.
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 that 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Village reserves the right to employ certain professional services to review any and all applications. Charges will be paid directly by the applicant.