Town of Rush, NY
Monroe County
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Table of Contents
Table of Contents
The Town Board has appointed a Planning Board consisting of five members for the terms, in the manner and pursuant to the laws of the State of New York applicable thereto. The Chairman thereof shall be appointed by the Town Board.
The Town Board of the Town of Rush has granted to the Planning Board all of the powers which the Town Board may grant to it, pursuant to §§ 272-a, 274-a, 276, 277 and 278 of the Town Law, subject to the conditions and requirements therein stated, and the Planning Board may adopt regulations and requirements governing the application for, and the approval of subdivision plans and plats.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Planning Board may waive, subject to appropriate conditions, the provision of any and all improvements and requirements as in its judgment of the special circumstances of a particular plat or plats are not required in the interest of public health, safety and general welfare or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent to or in proximity to the subdivision.
For a resubdivision, the same procedure shall apply as for a subdivision. If the proposed resubdivision consists solely of the simple alteration of lot lines, then normal subdivision procedures may be waived at the discretion of the Planning Board.
In the event of any conflict or inconsistency between this article and Chapter A125, Design Criteria and Construction Specifications, of the Code of the Town of Rush, it is the responsibility of the subdivider to bring such alleged inconsistency or conflict to the Planning Board's attention in writing, for a decision, and the Board's decision shall be final and binding.
This chapter shall be interpreted in such a way, wherever possible, that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect.
Where the conditions imposed by any provision of this chapter are more or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other law, resolution or regulation, the provisions which are more restrictive shall govern.
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter or any determination of the Planning Board.
A violation of this chapter is hereby declared to be a violation pursuant to the Penal Law, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, and, in addition violators may be ordered to pay all costs and expenses involved in the case.
A person shall be subject to the penalties imposed by this section in any case where an order to remove a violation of any of the provisions of this chapter has been caused to be served by the Code Enforcement Officer upon the owner, general agent, lessee or tenant of the building, other structure or parcel of hand, or any part thereof, or upon the architect, builder, contractor or anyone who commits or assists in any such violation and where such person shall fail to comply with such order within 10 days after the service thereof. Each week's continued violation shall constitute a separate additional violation and shall be punishable hereunder.
In addition to the foregoing remedies, the Town may institute any appropriate action or proceeding permitted by law to prevent, correct or restrain any violation of this chapter.
All previous regulations and all amendments thereto having to do with subdivision procedures are hereby repealed, with the provision that violations of the previous regulations and all amendments thereto shall remain violations to the extent that the matters in violation do not conform to the provisions of this chapter.
The adoption of this chapter shall not affect or impair any act done, offense committed or right incurred or acquired, or liability, penalty, forfeiture or punishment that was incurred prior to the time this chapter takes effect under the regulations relative to subdivisions in the Town.