Standards for design and construction of recreational, commercial, industrial and other nonresidential subdivisions shall be governed by sound engineering and planning practice, and utilities shall be sized commensurate with the demand anticipated upon full development based upon reasonably anticipated uses.
The face of the plat shall contain notice of the intended use; however, this notice shall not be considered to waive or prejudice the development review on the lots if covered by other town regulations.
The State Environmental Quality Review Act (6 NYCRR Part 617) and town environmental quality review requirements shall apply as appropriate for applications and improvements authorized by this chapter.
The Town Board has established a fee schedule for all applications under these regulations. The fee schedule is adopted 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 the applicant.
Editor's Note: The fee schedule is on file in the town offices.
Final plat approval shall not be given until all fees assessed prior have been paid in full. The letter of credit shall not be released until all remaining fees have been paid. Failure of the subdivider to pay the fees shall be grounds to deny building permits within the subdivision.
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or Chapter 165, Zoning, if such exists.
Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions.
In granting waivers and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
No land shall be divided in violation of this chapter. Any division attempted in violation hereof shall be invalid.
No permit shall be issued for development upon any lot, tract, parcel or site created in violation of this chapter. 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 division otherwise invalid hereunder.
In case of any violation or threatened violation of any of the provisions of this chapter or conditions imposed by the Planning Board, in addition to the remedies herein provided, the town may institute any appropriate action or proceeding to abate such violation, to prevent any illegal act conducted on or about such premises.
A violation of these regulations is an offense punishable by a fine of not more than $350 or imprisonment for not more than six months, or both, for a first offense; a fine of not less than $350 nor more than $700 or imprisonment for not more than six months, or both, for a second offense within five years; and a fine of not less than $700 nor more than $1,000 or imprisonment for not more than six months, or both, for a third or subsequent offense within five years; recoverable with costs, with each week's continued violation to constitute a separate violation.
[Amended 4-18-2000 by L.L. No. 1-2000]