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.
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thereto having to do with subdivision procedures are hereby repealed,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.