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Zoning Code | Permit Center | Waiver of Land Division Requirement

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Waiver of Land Division Requirement
DescriptionUpon petition, the Town Board may modify certain requirements in the Town's land division regulations (Chapter 34).

Decision-maker(s)Town Board makes the final decision


Review Procedure
  1. Request. The petitioner submits a written request for a waiver or modification to the town clerk. In the written request for the waiver or modification, the petitioner shall specify the specific provision that the petitioner requests the town to waive or modify, and petitioner's reasons for requesting the same.
  2. Referral to Town Board. Upon receipt of a written request for a waiver or modification, the town clerk shall, within a reasonable time, place the matter on a Town Board agenda for review and action.
  3. Considerations. The Town Board shall make a determination, which shall include consideration, but not necessarily an affirmative finding, of the following factors:
a. Whether the request for a waiver or modification, if granted, would be consistent with the general intent of this chapter.
b. Whether the request for a waiver or modification, if granted, would adversely affect property owners in the surrounding area.
c. Whether the request for a waiver or modification, if granted, would benefit the petitioner's project in a way that is not inconsistent with the town's interests.
d. Whether petitioner is in full compliance with applicable ordinances and agreements with the town.
e. Whether, instead of granting the request for a waiver or modification, the chapter itself should be changed to accommodate the kind of situation presented by the petitioner.
  1. Grant or denial of request for a waiver or modification. After considering the above-listed factors and any other factors that may be relevant to the matter, the town board shall then determine whether it is objectively reasonable to grant the request for a waiver or modification. A waiver or modification may be granted without making an affirmative finding concerning any one or more of the above-listed factors if, on the whole, it is objectively reasonable to do so.

​Please refer to Article 13 of Chapter 34 for more details.
 
Application fee: $75 plus any professional chargeback fees
Upcoming Meetings

July Review
Filing Deadline:
2024-06-12T21:00:00Z
Date Reviewed:
2024-07-03T23:30:00Z
August Review
Filing Deadline:
2024-07-17T21:00:00Z
Date Reviewed:
2024-08-07T23:30:00Z
September Review
Filing Deadline:
2024-08-14T21:00:00Z
Date Reviewed:
2024-09-04T23:30:00Z
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Notes

1. In order for an application to be heard on a given meeting date, the application (including forms, fees, plans, reports, etc.) must be submitted AND deemed complete by Town staff on or before the corresponding submittal date. Because of that, you may want to submit your application before the submittal date. That way, we may be able to let you know if anything is missing and you'll have some time to perhaps get it done before the deadline.

2. Meeting dates and their corresponding submittal dates are subject to change.

Frequently Asked Questions