The Planning Board 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 Town 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 Board 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
Board 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 Town regulations.
A.
Any officer, department, board or bureau of the Town,
with the specific approval of the Town Board, or any person or persons
jointly or severally aggrieved by any decision of the Planning Board
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 Town Clerk.
B.
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 Board or, in his
absence, the Vice Chairman. The Clerk of the Planning Board is, however,
authorized to carry out any ministerial acts on behalf of the Planning
Board 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 Board and endorsed in writing on the plat, unless
said plat is first resubmitted to the Planning Board and such Board
approves, in writing, any such modifications. In the event that any
subdivision plat is recorded in the office of the Saratoga County
Clerk without complying with these requirements, the same shall be
considered null and void, and the Planning Board shall institute proceedings
to have the plat stricken from the records of the office of the Saratoga
County Clerk.
In their interpretation and application, the
provisions of these regulations shall be held to be the minimum requirements
established by the Planning Board of the Town of Milton for the subdivision
of land and the provision of required improvements within the Town.
Should the requirements of these regulations conflict with or otherwise
be inconsistent with any provision or requirement of any other lawfully
adopted rules, regulations, ordinances or laws, the more stringent
provisions, or those imposing the higher standards, shall govern.
