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280, Zoning, which are in conflict herewith are hereby repealed.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.