A. 
Waiver of requirements. The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that any such requirements or improvements are found requisite in the interest of the public health, safety and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
B. 
Conditions. In granting such waivers, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standard or requirements so waived.
C. 
Area variance. Notwithstanding any provision of the law to the contrary, when a plat contains one or more lots which do not comply with the minimum Zoning Ordinance regulations,[1] application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation.
[1]
Editor's Note: See Ch. 155, Zoning.
Any subdivider aggrieved by a finding, decision or recommendation of the Planning Board may request opportunity to appeal before the Board, present additional relevant information and request consideration of the original finding, decision or recommendation.
A. 
Application to be submitted in writing. Applications for modification and variances shall be submitted in writing by the subdivider at the time the preliminary plat is filed with the Board. The application shall state fully the grounds and all the facts relied upon by the applicant.
B. 
Time of submission. Applications for consideration shall be submitted, in writing, by the subdivider not less than 10 days in advance of the meeting at which reconsideration is desired.
In granting a modification or variance, the Board shall record its actions and the grounds for granting the modification or variance in its minutes. A statement showing the date that such modification or variance was granted shall be affixed to the subdivision plat.