Town of Poughkeepsie, NY
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2023-08-16
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Part II: General Legislation
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Chapter 177 Subdivision of Land
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Article VII Waivers
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 2 Attendance Requirements
- Ch 2A Videoconferencing Technology
- Ch 6 Continuity of Government
- Ch 10 Defense and Indemnification
- Ch 14 E-911 System
- Ch 15 Ethics, Code of
- Ch 18 Greenway Connections
- Ch 21 Leases
- Ch 22 Legislation, Adoption of
- Ch 28 Officers and Employees
- Ch 33 Personnel Policies
- Ch 36 Police Advisory Commission
- Part II: General Legislation
- Ch 54 Alcoholic Beverages
- Ch 57 Animals
- Ch 58 (Reserved)
- Ch 60 Assemblies, Mass Public
- Ch 65 Bingo
- Ch 68 Building Construction
- Ch 71 Buildings, Unsafe
- Ch 73 Business Improvement Districts
- Ch 75 Cannabis
- Ch 76 Community Events, Outdoor
- Ch 81 Condominium Management Agents
- Ch 88 Distress Sales and Similar Sales
- Ch 89 Economic Development Incentives
- Ch 91 Electrical Inspections
- Ch 94 Environmental Quality Review
- Ch 97 Erosion and Sediment Control
- Ch 100 Explosives
- Ch 105 Fees
- Ch 106 Fees, Review
- Ch 110 Fire Prevention
- Ch 113 Flood Damage Prevention
- Ch 114 Food Trucks
- Ch 116 Aquatic Resource Protection
- Ch 121 Games of Chance
- Ch 124 Graffiti
- Ch 126 Historic Preservation
- Ch 131 Insurance
- Ch 135 Lot Line Revisions
- Ch 139 Noise
- Ch 142 Notification of Defects
- Ch 144 Nuisances
- Ch 145 Outdoor Music
- Ch 146 (Reserved)
- Ch 148 Parks and Recreation
- Ch 151 Peddling and Soliciting
- Ch 153 Planning Board and Zoning Board Members, Alternates
- Ch 154 Plumbing
- Ch 157 Public Urination or Defecation
- Ch 158 Preassessment Disclosure
- Ch 159 Property Maintenance
- Ch 159A Property Maintenance – Mowing of Occupied Properties
- Ch 160 Records
- Ch 165 Securities and Obligations, Cancellation of
- Ch 168 Sewers
- Ch 168A Short-Term Rentals
- Ch 169 Smoking, Vaping, E-Cigarettes and Other Tobacco Products
- Ch 171 Solid Waste
- Ch 173 Stormwater Management
- Ch 174 Streets and Sidewalks
- Ch 177 Subdivision of Land
- Ch 177 Art VII Waivers
- § 177-40 Waiver of regulations.
- § 177-41 Attachment of conditions.
- § 177-42 Exemptions.
- Ch 183 Taxation
- Ch 185 Telecommunications
- Ch 187 Tree Preservation
- Ch 189 Vandalism of Town Property
- Ch 192 Vehicles, Abandoned
- Ch 195 Vehicles and Traffic
- Ch 198 Taxicabs and Vehicles for Hire
- Ch 199 Towing
- Ch 203 Water
- Ch 205 Waterfront Consistency Review
- Ch 210 Zoning
- Disposition List
- Ch DL Disposition List
A.
Where the Planning Board finds that certain data and information are not required or are unnecessary to understand the application and the potential effects of proposed development, it may waive the regulations upon written request of the applicant, provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter, or Chapter 210 of the Town Code, or the State Environmental Quality Review Act.
B.
Where the Board finds that, due to the special circumstances
of a particular plat, the provision of certain required improvements
is not required to further 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 such requirements, subject to appropriate
conditions as deemed appropriate by the Planning Board.
In granting a waiver(s), the Board may require
such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements so varied or modified.
A.
Subdivision. An application for subdivision approval shall be exempt from the requirements of this Chapter 177, as amended, if, as of the effective date of this chapter, the Planning Board has approved a resolution granting preliminary subdivision or conditional preliminary subdivision approval or final subdivision or conditional final subdivision approval for major subdivisions, and final subdivision or conditional final subdivision approval for minor subdivisions, and said preliminary, conditional preliminary, final, or conditional final approval has not expired.
B.
For the purpose of this section only, and to the extent
that this section is inconsistent with Town Law §§ 265-a,
274-a, 276, 277 or any other provision of Article 16 of the Town Law,
the provisions of this chapter are expressly intended to and do hereby
supersede any such inconsistent provisions.
