A. 
No subdivision as herein defined shall be developed or built upon, nor shall any road construction therefor be initiated, until and unless approval of a minor or final major subdivision plat has been authorized and any required performance security properly posted. Further, no subdivision or any lot within such subdivision shall be offered for sale and no lot or lots which are part of any subdivision shall be recorded as separate lots of record with the County until a minor or final major subdivision plat has been signed and filed in accord with the requirements of this part.
B. 
Following conditional approval of a minor or final major plat and before the Planning Board Chairman shall affix his signature to the plat, the Town Attorney shall certify that:
(1) 
Any required review by the State Department of Health, the Department of Environmental Conservation, the Adirondack Park Agency and the County Planning Board has been complied with and all requirements of any such review are adequately provided for.
(2) 
Offers of cession for dedicating streets, easements, rights-of-way and any sites for public use; agreements covering the improvement and maintenance of unceded public open spaces, and the conditions and limitations, if any, are satisfactory.
(3) 
Any protective covenants are in proper form for recording.
(4) 
The required improvements have been completed or an acceptable security deposit satisfactory in form and sufficiency to the Town has been posted in lieu thereof in accordance with the provisions of Town Law.
(5) 
Any other data, such other certificates, affidavits or other agreements, as may be required by the Board in the enforcement of this part, are satisfactory.
C. 
Approval of the minor or final major plat shall not constitute acceptance by the Town Board of any offer of dedication for such facilities without separate and formal acceptance of such offer by the Town Board.
A. 
No changes, erasures, modifications or revisions shall be made in any minor or final major plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board and the Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Town shall institute proceedings to have the plat stricken from the records of the County Clerk.
B. 
If at any time following approval and filing of a minor or final major plat it is demonstrated that unforeseen conditions make it necessary or desirable to modify the location or design of any required improvement or installation, the Planning Board may authorize such modification, provided it is within the spirit and intent of the original action and does not constitute a substantial departure from the approved and filed subdivision plat.
The Planning Board, upon application and in accord with any requirements it may establish, may authorize a waiver of nonapplicability, which shall release the applicant from compliance with this part or a specified portion thereof for the specific action under consideration where such action is clearly not intended to be within the purview and intent of this part. The following shall be eligible for consideration of such waiver:
A. 
The division of property by bona fide gift, testament, devise or inheritance.
B. 
The division of property involving existing structures and installations which do not permit the achievement of the standards and required improvements set forth in this part.
C. 
The division of property involving a conveyance for the sole purpose of adjusting a mutual property boundary between two adjoining landowners or where a property boundary is adjusted for the sole purpose of establishing a lot size or configuration that will more closely reflect the requirements of Part 3, Zoning Regulations.
D. 
The division of property into parcels of 50 acres or more, not involving a new roadway, easement for access or any structure thereon, for open space, recreation, woodland management or conservation purposes.
A. 
The Town Board may, on its own motion, on petition, or on recommendation of the Planning Board or Board of Appeals, amend this part pursuant to the applicable requirements of law.
B. 
All proposed amendments originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and a recommendation thereon. The Planning Board shall submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute its recommendation for approval of the proposed amendment.
C. 
Any proposed amendment governed by § 239-n of the General Municipal Law shall be referred to the St. Lawrence County Planning Board and, upon approval by the Adirondack Park Agency of the Town's local land use program or the portion of such program embodied by this part, any amendment will be referred to the Adirondack Park Agency in accord with the procedure identified under § 105-28 below.
D. 
Before any amendment, there shall be a public notice and hearing thereon as provided by law.
E. 
After the public hearing and referral to and report by the Planning Board, a majority vote of the members of the Town Board shall be required to amend this part.
A. 
Public hearing shall be required prior to action on any subdivision plat, amendment or variance considered under this part.
B. 
The Town Board shall hold any public hearing in consideration of any amendment to this part in accordance with the applicable provisions of law.
C. 
The Planning Board shall hold any public hearing in consideration of a subdivision plat in accordance with the applicable provisions of law and this part and may, at the discretion of the Board, hold a public hearing in consideration of any application for a waiver.
D. 
The Board of Appeals shall hold any public hearing in consideration of a request for any variance in accordance with the applicable provisions of law and this part. In addition, the Board of Appeals may, at its discretion, hold a public hearing in the consideration of any other matter within its jurisdiction, including a request for interpretation.
E. 
Public notice of any required public hearing will be advertised in a newspaper of general circulation in the Town at least five days prior to the date of such hearing and shall specify the date, time, place and purpose of such hearing.
F. 
The instrument of the Town responsible for calling any public hearing may require any applicant in an action necessitating public hearing to notify by certified mail or other acceptable means adjoining and other specifically designated property owners and persons of legitimate interest concerning the public hearing.
G. 
The hearing shall be conducted in accord with any bylaws or guidelines established by the appropriate board and any guidelines set forth by the presiding officer for consideration of the matter at hand. Any person or party of interest may appear in person or by authorized representative or counsel and shall be given an opportunity to be heard as it is relevant to the proceeding.
H. 
Pursuant to § 239-nn of the General Municipal Law, notice shall be given by mail or electronic transmission to the clerk of an adjacent municipality at least 10 days prior to any such hearing relating to:
(1) 
Issuance of a special use permit or granting of a use variance for property within 500 feet of the adjacent municipality;
(2) 
Site plan review and approval on property that is within 500 feet of the adjacent municipality; or
(3) 
Subdivision review and approval on such property within 500 feet of the adjacent municipality.
A. 
Upon receipt of application for preliminary and/or final approval of a subdivision plat or proposal to develop an undeveloped plat and/or plats already filed in the office of the County Clerk, such plats shall be referred to the County Planning Board if the plat applies to real property within 500 feet of the following:
(1) 
The boundary of any city, village, or town;
(2) 
The boundary of any existing or proposed county or state park or other recreation area;
(3) 
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;
(4) 
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines;
(5) 
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
(6) 
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.
B. 
Thirty-day review. The County Planning Board shall have 30 days after receipt of a preliminary plat or proposal to develop an undeveloped plat, or such longer period as may have been agreed upon by the County Planning Board and the Town Planning Board, to report its recommendations to the Town Planning Board, accompanied by a statement of the reasons for such recommendations. If the County Planning Board fails to report within such period, the Town Planning Board may take final action on the referred plat without such report. However, any County Planning Board report received after 30 days or such longer period as may have been agreed upon, but two or more days prior to final action by the Town Planning Board, shall be subject to the provisions of extraordinary vote.
C. 
At such time as this part may become part of an approved local land use program for the Town under the Adirondack Park Agency Act, any amendment or variance and all matters deemed to have a regional impact and classified as either Class A or Class B Regional Subdivisions shall be referred to the Adirondack Park Agency in accord with the provisions for the administration of an approved local land use program as set forth in Appendix E of this chapter.[1] Until such time as this part becomes part of an Adirondack Park Agency approved program, the Town will administer the Subdivision Regulations as herein provided and will notify any applicant of the need to comply with all applicable requirements of the Adirondack Park Agency Act.[2]
[1]
Editor's Note: Appendix E, Regional Projects, is attached to this chapter.
[2]
Editor's Note: See Article 27 of the Executive Law.
A. 
Enforcement. This part shall be administered by the Town Planning Board and enforced by a person hereinafter called the "Enforcement Officer," such person to be designated by the Town Board, who shall assist the Planning Board in the administration and enforcement of this part. The Planning Board and Enforcement Officer shall establish such procedures and make such inspections as are necessary to carry out their respective duties in the administration and enforcement of this part. Further, the Enforcement Officer shall prepare and submit a written record and report of all official actions, including subdivisions acted upon and permits and certificates issued or denied, to the Town Board on a monthly basis or as otherwise directed by the Town Board, with copies transmitted to the Planning Board and Board of Appeals.
B. 
Coordination with county. Upon enactment, this part shall be filed with the St. Lawrence County Clerk, and thereafter no real property deed or other instrument of property transfer will be accepted for filing with the County where such transfer was subject to and not in compliance with this part. In particular, no subdivision plat shall be filed in the office of the St. Lawrence County Clerk until it has been approved by the Planning Board, with such approval to be endorsed in writing on the plat in such manner as the Board may designate, or, in lieu of the Board having acted within the prescribed time, a certificate of submission issued by the Town Clerk. Further, the Town shall prepare and supply to the office of the County Clerk a certificate of filing, which shall denote the existence of the Town Subdivision Regulations and the requirements for compliance therewith, the completion and signature of which certificate the County Clerk shall require of any person filing a deed or other instrument of property transfer in the Town of Colton. A copy of all such completed and signed certificates of filing will be sent to the Town Clerk within five days of acceptance of any such transfer of property in the Town by the office of the St. Lawrence County Clerk.
C. 
Citizen complaint. Any resident, property owner or other person of legitimate interest may file with the Enforcement Officer a written, signed complaint against any alleged violation of this part. It shall be the duty of the Enforcement Officer to investigate such alleged violation and to report thereon to the Town Board in a timely manner, which report shall be filed and be part of the public record of the Town.
D. 
Notification and correction. Any subdivision determined to have been created or improved which does not comply with this part shall be so recorded by the Enforcement Officer and a report thereof filed with the Planning Board and Town Board. The Enforcement Officer, at the direction of the Town Board, shall give official written notice to this effect to the owner of record thereof. The owner shall initiate measures to correct such noncompliance within 30 days from the date of notification. If within this thirty-day period application is not made to initiate a process for correction and if thereafter such correction is not pursued according to an agreed-upon timetable and to the satisfaction of the Town Board, the Town Board shall instruct the Town Attorney to institute proceedings to compel compliance and assess such penalties in accord with the provisions hereinafter set forth for the violation of this part.
E. 
Violations and penalties shall be as follows:
(1) 
Any person or persons who are responsible for any acts contrary to the provisions of this part and who have not complied with the direction to remedy such noncompliance as provided for above shall be guilty of a violation of this part and, upon conviction therefor, shall be subject to the penalty provided below.
(2) 
Any owner, lessee, contractor, agent, partnership, corporation, association, or other person or persons who violate or cause to be violated any provision of this part shall, upon conviction for such violation, be subject to a fine not to exceed $250, imprisonment not to exceed 15 days, or both, for each violation, and every week, seven days, that said violation continues shall constitute a separate and additional instance of violation.
(3) 
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this part.
A. 
Appeal. All appeals for relief from the application of this part in matters of interpretation or requests for variance shall be directed to the Board of Appeals, whose duties and procedure for consideration of appeal are as set forth in Appendix A of this chapter.[1] Where the Board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with this part, 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 this part or the Town Plan. In granting such variances, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied.
[1]
Editor's Note: Appendix A, Board of Appeals, is attached to this chapter.
B. 
Court review. Any person or persons, jointly or severally aggrieved by any decision of the Planning Board, Board of Appeals, Town Board, or any official instrument of the Town in the administration of this part, may have the decision reviewed in the manner provided by Article 78 of the Civil Practice Law and Rules of the State of New York, provided the proceeding is commenced within 30 days after the filing of the decision in the appropriate office of the Town. Costs shall not be allowed against the Town unless it appears to the Court that the Town or its representatives acted with gross negligence or in bad faith or with malice in making the decision appealed from.
A. 
Interpretation. Terms and words used herein are as defined in Appendix D of this chapter.[1] In their interpretation and application, the provisions of this part shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare, and only where exceptional conditions warrant, which conditions shall be fully documented, shall the responsible instrument of the Town require such additional measures as are reasonable and appropriate under the circumstances to accomplish the purposes of this part. Whenever the requirements of this part are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standard shall govern.
[1]
Editor's Note: Appendix D, Definitions, is attached to this chapter.
B. 
Severability. The invalidity of any provision of this part shall not invalidate any other provision thereof.
C. 
Invalidity. No approval, permit or certificate authorized or granted by any official instrument of the Town in contradiction to the provisions of this part shall vest any rights or interests to the recipient irrespective of any action taken or obligation incurred in reliance on such authorization, nor shall the Town be liable for same under any such invalid authorization.
D. 
Liability. Nothing in this part, including the approval and signature of any subdivision plat, shall be construed to insure or in any way guarantee any subdivision or building, structure, improvement, installation or use therein against defect, failure or other shortcoming, and the Town shall not be liable for same.
E. 
Fees. A schedule of fees for the administration of this part in consideration of an application for a minor subdivision plat, preliminary and final major subdivision plats, waiver, amendment or variance shall be as established by resolution of the Town Board.
F. 
Effective date; repealer. The Town of Colton Subdivision Regulations in this part shall become effective at the time and in the manner provided by law. The Interim Subdivision Regulations for the Town of Colton, New York, and any other existing Town ordinances, statutes, resolutions, regulations or laws in conflict with this part shall be deemed repealed upon the Subdivision Regulations effective date.
G. 
Continuation. Nothing herein, however, shall be deemed to exempt or release any prior or current subdivision from any requirements, stipulations or pending actions under any Town requirements in force and effect prior to the effective date of this part. In particular, the subdivision of land under and during the effective period of the Interim Subdivision Regulations for the Town of Colton, New York, shall be applied to and counted against the number of lots, parcels or sites which constitute a subdivision as defined under and governed by this part.