A.
General. An owner shall be responsible for compliance with this chapter
regardless of any agreement between or among agents, buyers, developers,
lessors, operators, occupants, sellers or other persons as to which
party shall be responsible.
B.
Filing of the final plat. The owner shall file in the office of the
County Clerk the approved final plat as prescribed by § 276
of the Town Law of NYS.
The designated approval authority, as authorized by the Town
Board, shall have the authority to obtain the assistance from any
Town department, agency or employee as may be deemed necessary and
appropriate under the circumstances. Furthermore, the designated approval
authority, as authorized by the Town Board, shall have the authority
to obtain the assistance from qualified consultants as may be deemed
necessary and appropriate under the circumstances. The owner shall
pay any expense incurred by the Town as it pertains to such assistance.
The owner of an approved cluster development or subdivision
may abandon such development or subdivision pursuant to the applicable
provisions of § 560 of the Real Property Tax Law of NYS.
This chapter is not intended to annul or otherwise interfere
with any easement, covenant or other private agreement or legal relationship;
provided, however, that where the regulations of this chapter are
more restrictive or impose higher standards or requirements than such
easements, covenants or other private agreements or legal relationships,
the regulations of this chapter shall govern.
Any approval based upon or granted in reliance upon any material
misrepresentation or failure to make a material fact or circumstance
known, by or on behalf of the applicant, shall be void. This section
shall not be construed to affect all the other remedies available
to the Town under this chapter.
No changes, erasures, modifications, or revisions shall be made
in any final plat after approval has been given by the designated
approval authority unless the final plat is first resubmitted to such
authority and it approves any modifications. In the event that any
such plat is recorded without complying with this requirement, it
shall be considered null and void, and the Town may institute proceedings
to have the plat stricken from the records of the office of the County
Clerk.
A.
Exemption(s).
(1)
Failure to record final plat at the office of the County Clerk.
If the applicant failed to record a final plat that was approved by
the designated approval authority at the office of the County Clerk
within the time frame prescribed by law, such approval authority is
permitted to endorse the final plat without requiring the filling
of a new application only if no changes, erasures, modifications or
revisions to such plat are proposed.
The failure of the owner to pay any fee, expense incurred by
the Town and/or penalty in connection with the administration and
enforcement of this chapter shall be assessed against the lot of record
that is subject to any action prescribed in this chapter and shall
be levied and collected in the same manner as provided in the Town
Law of the NYS for the levy and collection of Town taxes or special
ad valorem levies.
The Town Board may, by resolution, authorize the Supervisor
of the Town to enter into an agreement, in the name of this Town,
with other governments to carry out the terms of this chapter, provided
that such agreement does not violate any applicable law.
