The standards and requirements of this chapter may be modified by the Planning Board in the case of a plan or program which, in the judgment of the 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 with the Comprehensive Plan.
Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations of this chapter would cause an unnecessary hardship, the Planning Board may authorize a variance if such variance can be made without destroying the intent of these regulations. Any variance thus authorized is required to be entered, in writing, in the minutes of the Planning Board and the reasoning on which the departure was justified set forth. In granting variances, the Planning Board may impose such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied.
Any violation of these regulations shall be deemed an offense and is punishable by a fine of not more than $500 or 15 days in jail, or both. Each day that such violation continues to exist may further be declared to constitute a separate and additional violation. The public improvement permit shall be revoked for violation of the standards for the construction of improvements and a fine or jail term imposed.
These regulations may be amended from time to time by the Town Board as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have 45 days within which to submit a report. If no action is taken within the specified time, it shall be deemed to have recommended approval of the amendment.
Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the regulations as a whole or any other part thereof other than the part so declared to be unconstitutional or invalid.
This chapter shall take effect and be in force from and after its adoption.
All ordinances or resolutions or parts of ordinances or resolutions, other than Chapter 280, Zoning, which are in conflict herewith are hereby repealed. Should the requirements of this chapter conflict with those of Chapter 280, Zoning, the more stringent requirement shall prevail.