Whenever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations,
or ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
These regulations shall be the rules and regulations of the
Planning Board. No building permit or certificate of occupancy shall
be issued by the Building Inspector except where there has been compliance
with all the provisions of these regulations, as reflected in the
approval by the Planning Board.
A.
No permit for the erection of any building shall be issued unless the lot upon which said building is to be constructed has frontage upon an existing public street or street appearing on a recorded plat approved by the Planning Board; the frontage on said street shall be at least as required by Chapter 235, Zoning, unless the subdivision is a cluster subdivision. Permits may be issued for buildings upon private streets of a planned residential development, or apartment complex, or condominiums approved by the Planning Board and located on a map filed in the County Clerk's offices.
B.
No such permit shall be issued unless such street has already been
suitably improved or unless a performance bond has been posted to
cover the full cost of such improvement.
A.
No public municipal street utility or improvement shall be constructed
in any proposed street until it has become an approved street on a
filed subdivision plat which has been bonded.
B.
Subject to the discretion of the Town Board, a subsurface utility
or improvement operated for revenue by the Town or by a special district
may be constructed in a private street, provided a public easement
satisfactory to the Town Board is obtained for such utility or improvement.
Any person, firm or corporation who violates, disobeys, neglects
or refuses to comply with or who resists the enforcement of any of
the provisions of these regulations shall be guilty of a violation
of the Town Law and upon conviction thereof shall be subject to a
fine or imprisonment.
Any violation of this chapter is an offense punishable by a
fine not exceeding $250 or by an imprisonment for a period not exceeding
15 days, or by both such fine and imprisonment. Each week a violation
is continued shall be deemed a separate offense.
If any part or provision of the regulations contained herein
or as amended hereafter or the application thereof to any person or
circumstances, be adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part, provision
or application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair the
validity of the regulations as a whole or any part thereof other than
the part so declared to be invalid or the application thereof to other
persons or circumstances; and the Town Board hereby declares that
it would have enacted these regulations or the remainder thereof had
the invalidity of such provisions or application thereof been apparent.
These regulations shall take effect immediately on the adoption
and filing of a local law by the Town Board. Subdivisions that are
currently before the Town of Montgomery Planning Board and in receipt
of either a negative declaration or a findings statement, in the case
of a subdivision that was the subject of an environmental impact statement,
pursuant to the State Environmental Quality Review Act (SEQRA), and/or
subdivisions that are in receipt of preliminary subdivision approval,
shall be grandfathered under the previous subdivision regulations.
