[Amended 5-20-2010 by L.L. No. 2-2010]
A.Â
Requests by the subdivider, excepting as noted in Subsection C of this section, for variations, modifications, waivers or time extensions in connection with the provisions of these regulations shall be presented, in writing, to the Planning Board prior to any regular meeting; shall explain the request in detail, making reference to the specific provisions of these regulations which are concerned; shall state the interpretation, change or permission desired; and shall present the specific reasons for such request.
B.Â
The
Planning Board, within 30 days next following the date of such request,
shall reply, in writing, to the subdivider, granting either approval
or disapproval of such request, and in case of disapproval, shall
state the reasons therefor.
C.Â
Requests for variations, modifications, or waivers of the specific requirements and standards for development of land located within floodplain areas within the Town, as same requirements and standards are specified in § 140-19, Floodplain District, of the Code of the Town of New Paltz, shall not be accepted by the Planning Board. Variances from requirements specified in Chapter 82, Flood Damage Prevention, shall be subject to the conditions and procedures specified in §§ 82-20 and 82-21 thereof, and, if the requested variance is granted, it may be applied to the design and construction of the proposed development without any further procedural requirements or variance approvals required by this chapter.
A.Â
Wherever extraordinary hardship may face the subdivider
as a result of the strict application of these regulations, the Planning
Board may approve variations from these regulations in order to provide
substantial justice and secure the public interest. Such variations
shall, however, not have the effect of negating the intent purpose
and policies of the Zoning Local Law,[1] the Master Plan and these or other applicable regulations.
B.Â
Wherever, due to unusual topographic conditions, the
continuation of streets or the placement of lots and improvements
are rendered undesirable or impractical, the Planning Board may approve
variations from these regulations.
C.Â
In granting variances and modifications, the Planning
Board may require such alternative conditions as will secure substantially
the same objectives of the standards or regulations so varied from
or modified.
A.Â
The Planning Board may modify the standards and requirements
of these regulations in the case of a plan and programs for a neighborhood
unit or other large-scale development which, in its judgment, provides
adequate public spaces and improvements for the circulation, recreation,
light, air and service needs for the tract when fully developed and
populated and which also provides such covenants or other legal provisions
to assure conformity with and achievement of the general policies
and objectives of these regulations.
B.Â
The Planning Board is empowered to make reasonable
modifications, changes or supplements to the Zoning Local Law of the
Town of New Paltz or any portion thereof,[1] as applied to a subdivision plat showing new streets,
simultaneously with the approval of such subdivision plat. Such action
is authorized in accordance with and subject to the provisions of
§ 281 of the Town Law.[2]
The Planning Board may waive, 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 such public lands and 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 inadequacy or
lack of connecting facilities adjacent to or in the proximity of the
proposed subdivision.
