A. 
This chapter is adopted under the authority provided to the Town of Lumberland by the New York State Town Law, Municipal Home Rule Law and the State Environmental Quality Review Act.
B. 
The Town of Lumberland Planning Board shall be authorized and empowered to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways, within the Town of Lumberland, pursuant to § 276 of the Town Law.
C. 
The Planning Board shall be also authorized and empowered, to approve the development of those plats, filed in the office of the County Clerk prior to January 8, 1971, where 20% or more of the lots are unimproved unless existing conditions such as poor drainage have prevented their development.
D. 
The Planning Board shall be further authorized and empowered, pursuant to § 278 of the Town Law and simultaneously with the approval of a plat or plats, to modify applicable provisions of Chapter 250, Zoning, subject to the conditions set forth in § 278 and later herein.
E. 
The regulations which follow have been prepared by the Town of Lumberland Planning Board and are approved and adopted by the Town Board of the Town of Lumberland as local law pursuant to the authority of the New York State Municipal Home Rule Law.
This chapter is adopted for the following purposes;
A. 
Promoting the orderly growth and development of the Town in accordance with the Town of Lumberland's Comprehensive Plan and consistent with Chapter 250, Zoning.
B. 
Affording adequate facilities for the housing, transportation, distribution, comfort, convenience, health and safety of Town residents.
C. 
Minimizing foreseeable maintenance and improvement problems as well as economic burdens associated with development of land.
D. 
Conserving the Town's natural resources and protecting its attractive environment so as to maintain property values and otherwise provide for the general welfare of residents of the Town of Lumberland.
A. 
Regardless of whether or not any formal conveyance by metes and bounds shall be made, when any subdivision of land is proposed and before any offer is made to sell any part or all of a subdivision and before any permit for the erection of any structure in such subdivision shall be issued or any grading, clearing, construction or other improvements shall be undertaken, the subdivider or his authorized agent shall first obtain the appropriate approval of the proposed subdivision in accordance with the requirements of this chapter.
B. 
It shall further be the obligation of each prospective purchaser or developer of a lot which forms any part of a subdivision to ensure that appropriate subdivision approval has been obtained. In the absence of such subdivision approval, a prospective purchaser shall not commence the erection of any structure on such lot, nor commence any grading, clearing, construction or other improvements.
C. 
The regulations of this chapter shall not apply to lot improvements as defined herein (see § 213-17). The Planning Board shall be authorized, where requested and for legal recording purposes, to indicate in writing on any qualifying plat presented that: "These plans are acknowledged by the Town of Lumberland, and for recording purposes only, to represent an exempt lot improvement in accord with § 213-17 of the Town of Lumberland Subdivision Regulations. No subdivision approval is required or given." No plat so submitted, however, shall indicate that a subdivision is being created or approved through action of the Planning Board.
D. 
The regulations of this chapter shall not apply to subdivisions of land which occur by virtue of the bisecting of a single existing parcel by an existing public road. Any lots created by the development of a new road or the subdivision of parcels laying on one side of an existing road, however, shall be required to comply with this chapter.
A. 
The provisions of this chapter, in their interpretation and application, shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
B. 
This chapter is not intended to interfere with, abrogate or annul any other law, rule or regulation, statute or provision of law. Where any of the provisions of this chapter impose restrictions different than any other law, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. This chapter, however, shall repeal and replace in their entirety the Subdivision Regulations approved by the Town Board in February 1983, including all amendments thereto preceding the enactment of this chapter as local law.
C. 
If any part or provision of this chapter is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this chapter even without such part or provision or application.
A. 
Applications for waivers of standards or procedures shall ordinarily be submitted in writing by the subdivider at the time the preliminary plat is filed. The application shall state fully the grounds on which it is made.
B. 
The Planning Board may, by resolution, authorize a waiver or modification of the regulations of this chapter when, in its opinion, unreasonable hardship will result from strict compliance.
C. 
Waiver applications shall, in those instances where the Planning Board determines they could, if granted, have an impact on adjoining properties, be subjected to a public hearing at the applicant's expense.
D. 
Any resolution by the Planning Board authorizing a waiver of this chapter shall include the basis for its finding that unreasonable hardship will result from strict compliance with this chapter.
E. 
In authorizing a waiver, the Planning Board shall attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this chapter. No waiver shall be granted which would substantially change the character of an area or compromise the purposes of this chapter.
Any person or persons jointly or severally aggrieved by the decision of the Planning Board or Town in regard to the administration of this chapter may apply to the Supreme Court for review under Article 78 of the Civil Practice Laws and Rules.
A. 
Any person who shall lay out, construct or open any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings located or abutting thereon, or who sells, transfers, rents, leases, conveys by other means, or agrees or enters into an agreement to do the same with any land in a subdivision, unless and until a final plat has been prepared, approved and recorded in full compliance with the provisions of this chapter, shall be deemed to have committed an offense against this chapter and shall be liable for such violation.
B. 
Any person violating this chapter shall, upon being found liable or guilty in either a criminal or a civil proceeding, be subject to a fine not exceeding $350 per lot, parcel or dwelling. Such person shall also be subject to imprisonment for up to six months if found guilty in a criminal proceeding. All fines collected for such violations shall be paid over to the Town of Lumberland.
C. 
Each day that a violation continues shall be a separate violation, but nothing herein shall require the Town to post separate notice each day that a violation continues.
D. 
The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
E. 
The Town shall be authorized to initiate and maintain a civil action to obtain a writ of injunction against subdividers who attempt the improper sale, lease or conveyance of land or to set aside and invalidate any conveyance of land made prior to Town approval. It shall take other action as necessary to prevent or remedy any violation.
Amendments to this chapter shall be made pursuant to the New York State Municipal Home Rule Law. Also, should provisions of New York State Town Law be amended to require actions different from those specified herein, the state requirements shall prevail.