A.
This chapter is adopted under the authority provided to the Town
of Tusten by the New York State Town Law and the Municipal Home Rule
Law.
B.
The Town of Tusten 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 Tusten, pursuant to Article 16 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 October 7, 1974, 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 the Town of
Tusten Zoning Law,[1] subject to the conditions set forth in § 278
of the Town Law, the Town of Tusten Zoning Law, and later herein.
This chapter is adopted for the following purposes:
A.
Promoting the orderly growth and development of the Town in accordance
with the Town of Tusten Comprehensive Plan.
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 Tusten.
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 line adjustments as defined herein (see § 241-17). 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 Tusten, and for recording purposes only, to represent an exempt lot line adjustment in accord with § 241-17 of the Town of Tusten 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.
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 these regulations 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.
C.
If any part or provision of these regulations is judged invalid by
any court of competent jurisdiction, such judgment shall be confined
in its 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 Planning Board may waive, when reasonable, any requirements
or improvements for the approval, approval with modifications or disapproval
of subdivisions submitted for its approval. Any such waiver, which
shall be subject to appropriate conditions, may be exercised in the
event any such requirements or improvements are found not to be requisite
in the interest of the public health, safety, general welfare, and
rural character or inappropriate because of inadequacy or lack of
connecting facilities adjacent or in proximity to the subdivision.
No waiver shall be granted which would substantially change the character
of an area or compromise the purposes of these regulations.
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 Law 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
a violation of this chapter and shall be liable for such violation:
B.
Any person found in violation of this chapter shall be subject to
a fine not exceeding $1,000 per lot, parcel or dwelling and the Town
hereby exercises its authority, under § 10 of the Municipal
Home Rule Law to supersede any inconsistent provisions of § 268
of the Town Law to establish such penalty. All fines collected for
such violations shall be paid over to the Town of Tusten.
C.
Each week that a violation continues shall be a separate violation,
but nothing herein shall require the Town to post separate notice
each week 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 the
New York State Town Law be amended to require actions different from
those specified herein, the state requirements shall prevail.
