A.
Where the Planning Board finds that extraordinary
hardships or practical difficulties may result from strict compliance
with this chapter or the purpose of this chapter may be served to
a greater extent by an alternative proposal, it may grant a waiver
to this chapter so that substantial justice may be done and the public
interest secured, if such waiver does not have the effect of nullifying
the intent and purpose of this chapter. The Planning Board shall not
grant a waiver unless it finds, based upon the evidence presented
to it in each specific case, that:
(1)
The granting of the waiver will not have an adverse
effect on adjacent property or on the public health or safety;
(2)
The conditions upon which the request for a waiver
is based are unique to the property for which the waiver is sought
and are not generally applicable to other land in the area;
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the subdivider would result, as distinguished from a mere
inconvenience, if the strict letter of this chapter is carried out;
and
B.
A request for any waiver shall be submitted in writing
by the subdivider with the preliminary plat. The request shall state
fully the grounds for the request and all of the facts relied upon
by the subdivider.
C.
A waiver must be approved by a vote of four members
of the Planning Board. The Planning Board shall state upon its records
the reasons for which a waiver is granted in each case. In approving
a waiver, the Planning Board may require such conditions that will,
in its judgment, substantially conform to the objectives of the standards
or requirements of this chapter.
The Planning Board may designate a representative
or representatives to enforce the provisions of this chapter. Said
designated representative(s) may cause any place, premises or work
to be inspected or examined, order the cessation of any work when
any condition is found to violate this chapter and order the remedy
of any such condition. The Planning Board may institute an action
or proceeding to prevent or restrain any such work or to correct or
abate any such condition. In addition to any civil or criminal penalties
or other remedies as may be provided by law, a violation of this chapter
may be enforced by mandatory or other injunctive relief.
A.
Any subdivider committing an offense against any of
the provisions of this chapter or article, as the case may be, shall
be guilty of an unclassified misdemeanor under the Penal Law and,
upon conviction thereof, shall be punishable for each offense by a
minimum fine of $250, such fine not to exceed $1,000, or by imprisonment
of not more than 15 days, or both. Each week of such offense shall
constitute a separate violation.
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town and a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of such chapter.
This chapter shall take effect immediately as
provided by law and shall be applied to any application filed on or
after December 1, 1987, for:
