A.
Request by the subdivider 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. 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.
B.
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 Chapter 75, Zoning, the development plan and these or other applicable regulations.
C.
Wherever, due to unusual topographic conditions, the
continuation of streets or the placement of lots and improvements
is rendered undesirable or impracticable, the Planning Board may approve
variations from these regulations.
D.
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.
The Planning Board may modify the standards and requirements
of these regulations in the case of a plan and program 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.
The Planning Board, after authorization by resolution of the Town Board, may modify applicable provisions of Chapter 75, Zoning, of the Code of the Town of Rosendale simultaneously with the approval of a subdivision plat. Such action is authorized in accordance with and subject to the provisions of § 278 of the New York State Town Law.
The Planning Board may waive, subject to appropriate
conditions, the requirements of these regulations relative to the
provisions 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 to or in the proximity
of the proposed subdivision.
A.
The Planning Board is empowered to establish its own
rules or procedure for the granting of time extension and the revoking
of approvals, so long as they are not in conflict with these regulations
or the provisions of the Town Law pertaining to subdivision plats.
B.
The Planning Board may extend:
(1)
The time periods set forth in these regulations within
which the Planning Board must take action on a preliminary or final
plat, but only upon mutual consent of the subdivider and the Planning
Board.
(2)
The time for filing and recording such plat for not
more than two additional periods of 90 days each if, in its opinion,
such intention is warranted by the particular circumstance thereof.
(3)
The time of duration of conditional final plat approval,
for not more than two additional periods of 90 days each, but only
upon petition for such extension by the subdivider.
A.
Approval by the Planning Board of a final plat shall automatically expire after 90 days next following the date of such approval, as provided in § 60-14A, unless the subdivider, within this period shall have duly filed such plat with the County Clerk, or the Planning Board has granted an extension as provided in § 60-39B.
B.
On and after such expiration date, any formal offers
of cession submitted by the subdivider shall be deemed to be invalid,
void and of no effect.
Performance bonds in default shall subject the subdivider to action in accordance with § 60-22.
A.
If any person transfers or sells or agrees to sell,
as owner or agent, any land which forms a part of a subdivision on
which, by ordinance or local law, the Planning Board is required to
act, without submitting the subdivision for review or before final
approval has been obtained, such person shall be subject to a fine
not to exceed $50 or to imprisonment for not more than six months,
or both. Each parcel, plot or lot so disposed of shall be deemed a
separate violation.
B.
In any such action the transferee, purchaser or grantee
shall be entitled to a lien upon the tract of the land from which
the subdivision was made that remains in the possession of the subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid and, also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within one year after the date of the recording of the instrument
of transfer, sale or conveyance of said land.
