A.
These regulations shall be administered by the Town Planning
Board and shall be subject to the conditions and requirements stated herein.
B.
The Planning Board may, if it finds that strict compliance
with this chapter may be unreasonable and not in the public interest, waive
or modify the requirements so that substantial justice may be done and the
public interest secured. Such modifications or waivers shall not, however,
have the effect of nullifying the intent and purpose of the Town's Comprehensive
Plan or any local legislative requirements.
C.
Whenever the requirements of this chapter are at variance
with the requirements of any other legally adopted rules, regulations, laws
or resolutions, the most restrictive or those imposing the higher standards
shall govern, excepting those provisions of this chapter that may be waived
or modified by the Planning Board.
A.
All fees applicable under this chapter are detailed in
a separate fee schedule established by the Town Board and are adopted herein
by reference. 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 and paid by the applicant.
B.
Final plat approval shall not be given until all applicable
fees and expenses have been paid in full. The letter of credit shall not be
released until all fees and expenses have been paid. Failure of the subdivider
to pay the fees and expenses shall be grounds to deny building permits within
the subdivision.
A.
The Code Enforcement Officer is hereby authorized to
enforce the provisions of this chapter or any determination made by the Planning
Board in the administration of this chapter.
B.
No land shall be subdivided in violation of this chapter.
Any subdivision attempted in violation hereof shall be invalid.
C.
No permit shall be issued for development upon any lot,
tract, parcel or site created in violation of this chapter. The 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 subdivision otherwise invalid hereunder.
D.
A violation of this chapter is an offense punishable
by a fine not exceeding $250 for any offense, recoverable with costs, and/or
imprisonment not exceeding 30 days. Each day that a violation continues shall
constitute a separate offense and shall be punished as herein provided.
E.
If any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or if any building,
structure or land is used in violation of this chapter or of any regulation
made under the authority conferred hereby, the Town of Albion or other proper
local authority of the Town may institute any appropriate action of proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, use or division of land to restrain, correct
or abate such violation, to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in or out
of such premises.
Any ordinances or regulations or laws of the Town of Albion inconsistent
herewith, including the Subdivision Regulations of the Town of Albion adopted
January 23, 1967, and amendments thereto, are hereby repealed.
A.
If any clause, sentence, paragraph, section or other
part of this chapter should be decided by a court of competent jurisdiction
to be invalid, such judgment shall not affect the validity of this chapter
as a whole, or any part thereof, other than the part so held to be invalid.
B.
This chapter shall take effect immediately upon filing
with the Secretary of State of the State of New York, in accordance with the
Municipal Home Rule Law of the State of New York.
