A.
Standards for design and construction of recreational,
commercial, industrial and other nonresidential subdivisions shall
be governed by sound engineering and planning practice, and utilities
shall be sized commensurate with the demand anticipated upon full
development based upon reasonably anticipated uses.
B.
The face of the plat shall contain notice of the intended
use; however, this notice shall not be considered to waive or prejudice
the development review on the lots if covered by other town regulations.
The State Environmental Quality Review Act (6
NYCRR Part 617) and town environmental quality review requirements
shall apply as appropriate for applications and improvements authorized
by this chapter.
A.
The Town Board has established a fee schedule for
all applications under these regulations. The fee schedule is adopted
by reference.[1] All fees shall be paid at appropriate times, and no building
permits shall be issued until all owed fees are paid. Reasonable costs
incurred by the Planning Board or its agents in connection with the
review of a proposed subdivision shall be charged to the applicant.
[1]
Editor's Note: The fee schedule is on file
in the town offices.
B.
Final plat approval shall not be given until all fees
assessed prior have been paid in full. The letter of credit shall
not be released until all remaining fees have been paid. Failure of
the subdivider to pay the fees shall be grounds to deny building permits
within the subdivision.
A.
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or Chapter 165, Zoning, if such exists.
B.
Where the Planning Board finds that, due to the special
circumstances of a particular plat, the provision of certain required
improvements is not requisite in the interest of the public health,
safety and general welfare or is inappropriate because of inadequacy
or lack of connecting facilities adjacent or in proximity to the proposed
subdivision, it may waive such requirements subject to appropriate
conditions.
C.
In granting waivers and modifications, the Planning
Board shall require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified.
A.
No land shall be divided in violation of this chapter.
Any division attempted in violation hereof shall be invalid.
B.
No permit shall be issued for development upon any
lot, tract, parcel or site created in violation of this chapter. Assignment
of a tax number or other mode of separate identification of a unit
of land by the assessor for the purpose of tax administration shall
not be deemed to create or legitimize a division otherwise invalid
hereunder.
C.
In case of any violation or threatened violation of
any of the provisions of this chapter or conditions imposed by the
Planning Board, in addition to the remedies herein provided, the town
may institute any appropriate action or proceeding to abate such violation,
to prevent any illegal act conducted on or about such premises.
D.
A violation of these regulations is an offense punishable
by a fine of not more than $350 or imprisonment for not more than
six months, or both, for a first offense; a fine of not less than
$350 nor more than $700 or imprisonment for not more than six months,
or both, for a second offense within five years; and a fine of not
less than $700 nor more than $1,000 or imprisonment for not more than
six months, or both, for a third or subsequent offense within five
years; recoverable with costs, with each week's continued violation
to constitute a separate violation.
[Amended 4-18-2000 by L.L. No. 1-2000]
