The Blooming Grove Planning Board declares that
these regulations for the subdivision of land for various purposes
have been promulgated to provide for the orderly growth and coordinated
development of the Town of Blooming Grove and to ensure the comfort,
convenience, safety, health and welfare of its people. The approval
of such subdivisions shall be based on the following considerations:
C.
Preservation of such assets as ponds, streams, trees,
ground cover, open lawns, stone walls, historic sites, and other scenic
qualities associated with the land and its surrounding views;
D.
Provision of a well-conceived pattern of vehicular
and pedestrian circulation, underground utility distribution, surface
water collection and discharge without detrimental effects to downstream
and upstream properties, open space and the site to be subdivided;
and
E.
Provision for such community facilities as the Board
may require due to the unique location or the size of the subdivision,
including but not limited to active recreation areas, school sites,
and parking areas.
Through the authority granted by Article 16
of New York State Town Law, every subdivision of land is required
to receive the approval of the Town of Blooming Grove Planning Board.
B.
No building permit shall be issued to any person,
firm, corporation or other entity ("person") for the construction
of any building upon property which has been subdivided without complying
with the Subdivision Regulations of the Town of Blooming Grove. For
the purposes of this chapter, the term "subdivided" shall mean the
subdivision of land as defined in the Town of Blooming Grove Subdivision
Regulations.
C.
Any person who subdivides land in the Town of Blooming
Grove without complying with this chapter shall be guilty of an offense.
In addition, any person who violates any provision of this chapter
or any condition of approval or any plat or map note shall be guilty
of an offense.
D.
Conviction of a first offense shall be punishable
by a fine not to exceed $350 or imprisonment for a period not to exceed
15 days, or both; conviction of a second offense, both of which were
committed within a period of five years, shall be punishable by a
fine of not less than $350 nor more than $700 or imprisonment for
a period not to exceed 15 days, or both; conviction of a third and
each subsequent offense, which were committed within a period of five
years of the first offense, shall be punishable by a fine of not less
than $700 nor more than $1,000 or imprisonment for a period not to
exceed 15 days, or both. Each week's continued violation shall constitute
a separate additional offense. In addition to the foregoing provisions,
the Town shall have such other remedies for any offense or threatened
offense as is or may hereafter be provided by law.
E.
Civil penalties.
(1)
In addition to and not in lieu of the above, any person
who commits an offense shall be liable to the Town for a civil penalty
in an amount not to exceed $350 for a first offense; in an amount
not less than $350 nor more than $700 for a second offense committed
within a period of five years of the first offense; and in an amount
of not less than $700 nor more than $1,000 for a third and each subsequent
offense committed within a period of five years of the first offense.
Each week's continued offense shall constitute a separate additional
offense.
(2)
Civil penalties may be ordered in any action or proceeding
by any court of competent jurisdiction, including but not limited
to state and federal courts. All penalties shall be paid to the Town.
(3)
The judgment amount of any civil penalty ordered pursuant
to this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
F.
In addition to and not in lieu of the remedies authorized
above, the Town Board, Planning Board or any zoning or building enforcement
officer may institute any appropriate action or proceeding to prevent,
restrain, enjoin, correct or abate any offense or threatened offense
or to enforce any provision of this chapter
