The Planning Commission may waive upon specific request and by specific
resolution, subject to appropriate conditions and guaranties, for such period
as it may determine, the requirements of these regulations relative to the
provision and design of any or all required improvements which, in its judgment
of the special circumstances of a particular plat or plats, are not requisite
to the interests of the public health, safety and general welfare of the city
or are not appropriate because of the inadequacy or lack of connecting facilities
adjacent to or in the proximity of the proposed subdivision.
Where the Planning Commission finds that compliance with these regulations
would cause unusual hardship or extraordinary difficulties because of exceptional
and unique conditions of topography, access, location, shape, size, drainage
or other physical features of the site, the minimum requirements of these
regulations may be modified upon specific request and by specific resolution
of the Planning Commission to mitigate the hardship, provided that the public
interest is protected and the development is in keeping with the general spirit
and intent of these and other city regulations.
Any officer, department, commission or bureau of the city, with the
specific approval of the Common Council, or any person or persons, jointly
or severally aggrieved by any decision of the Planning Commission concerning
a plat decision, may bring a proceeding to review such decision in the manner
provided by Article 78 of the Civil Practice Law and Rules in a court of record
on the ground that such decision is illegal in whole or in part. Such proceeding
must be commenced within 30 days after the filing of the decision in the office
of the City Clerk. Commencement of such proceeding shall stay all further
proceedings upon the decision appealed from.
The sole officer authorized to sign approved subdivision plats is the
Chairman of the Planning Commission or, in his absence, the Vice Chairman.
The Clerk of the Planning Commission is, however, authorized to carry out
any ministerial acts on behalf of the Planning Commission or its Chairman
that are required by these regulations.
No changes, erasures, modifications or revisions shall be made in any
subdivision plat after approval has been given by the Planning Commission
and endorsed, in writing, on the plat, unless said plat is first resubmitted
to the Planning Commission and such Commission approves, in writing, any such
modifications. In the event that any subdivision plat is recorded in the office
of the Montgomery County Clerk without complying with these requirements,
the same shall be considered null and void and the Planning Commission shall
institute proceedings to have the plat stricken from the records of the Office
of the Montgomery County Clerk.