A.
The Town Board has appointed a Planning Board consisting
of five members for the terms, in the manner and pursuant to the laws
of the State of New York applicable thereto. The Chairman thereof
shall be appointed by the Town Board.
B.
The Town Board of the Town of Rush has granted to
the Planning Board all of the powers which the Town Board may grant
to it, pursuant to §§ 272-a, 274-a, 276, 277 and 278
of the Town Law, subject to the conditions and requirements therein
stated, and the Planning Board may adopt regulations and requirements
governing the application for, and the approval of subdivision plans
and plats.[1]
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.
A.
This chapter shall be interpreted in such a way, wherever
possible, that the meaning of the words and phrases and sections herein
shall make them valid and legal in their effect.
B.
Where the conditions imposed by any provision of this
chapter are more or less restrictive than comparable conditions imposed
by any other provisions of this chapter or any other law, resolution
or regulation, the provisions which are more restrictive shall govern.
A.
It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this chapter or any determination of
the Planning Board.
B.
A violation of this chapter is hereby declared to
be a violation pursuant to the Penal Law, punishable by a fine not
exceeding $250 or imprisonment for a period not to exceed 15 days,
or both, and, in addition violators may be ordered to pay all costs
and expenses involved in the case.
C.
A person shall be subject to the penalties imposed
by this section in any case where an order to remove a violation of
any of the provisions of this chapter has been caused to be served
by the Code Enforcement Officer upon the owner, general agent, lessee
or tenant of the building, other structure or parcel of hand, or any
part thereof, or upon the architect, builder, contractor or anyone
who commits or assists in any such violation and where such person
shall fail to comply with such order within 10 days after the service
thereof. Each week's continued violation shall constitute a separate
additional violation and shall be punishable hereunder.
D.
In addition to the foregoing remedies, the Town may
institute any appropriate action or proceeding permitted by law to
prevent, correct or restrain any violation of this chapter.
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.
