A. 
Requests by the subdivider for variations, modifications, waivers or time extensions in connection with provisions of these regulations shall be presented, in writing, to the Planning Commission, prior to any regular meeting; shall explain the request in detail, making reference to the specific provisions of these regulations which are concerned; shall state the interpretation, change or permission desired; and shall present the specific reasons for such request. The Planning Commission, within 30 days next following the date of such request, shall reply in writing to the subdivider, granting either approval or disapproval of such request and, in case of disapproval, shall state the reasons therefor.
B. 
Wherever extraordinary hardship may face the subdivider as a result of the strict application of these regulations, the Planning Commission may approve variations from these regulations in order to provide substantial justice and secure the public interest. Such variations shall, however, not have the effect of negating the intent, purpose and policies of Chapter 227, Zoning, the Comprehensive Master Plan and these or other applicable regulations.
C. 
Wherever, due to unusual topographic conditions, the continuation of streets or the placement of lots and improvements are rendered undesirable or impractical, the Planning Commission may approve variations from these regulations.
D. 
In granting variances and modifications, the Planning Commission may require such alternative conditions as will secure substantially the same objectives of the standards or regulations so varied from or modified.
A. 
The Planning Commission may modify the standards and requirements of these regulations in the case of a plan and program for a neighborhood unit or other large scale development which, in its judgment, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provides such covenants or other legal provisions to assure conformity with and achievement of the general policies and objectives of these regulations.
B. 
The Planning Commission is empowered to make reasonable modifications, changes or supplements to the Zoning Ordinance of the Village of Ellenville, or any portion thereof, as applied to a subdivision plat showing new streets, simultaneously with the approval of such subdivision plat. Such action is authorized in accordance with and subject to the provisions of § 7-738 of the Village Law.
C. 
The Planning Commission may, at any time during the term of a performance bond, modify its requirements for any or all improvements covered by such bond in accordance with § 200-19 of these regulations and § 7-730 of the Village Law.
The Planning Commission may waive, subject to appropriate conditions and guaranties, for such period as it may determine, the requirements of these regulations relative to the provision and design of any or all such public improvements which, in its judgment of the special circumstances of a particular plat or plats, are not requisite to the interests of the public health, safety and general welfare of the Village or are not appropriate because of inadequacy or lack of connecting facilities adjacent to or in the proximity of the proposed subdivision.
A. 
The Planning Commission is empowered to establish its own rules of procedure for the granting of time extensions and the revoking of approvals, so long as they are not in conflict with these regulations or the provisions of Village Law pertaining to subdivision plats.
B. 
The Planning Commission may extend, upon proper application by the subdivider:
(1) 
The six-month conditional approval period as specified in § 200-6B(4), provided that the proposed subdivision fully conforms to Chapter 227, Zoning, in effect at the time such extension is applied for.
(2) 
The one-year period for beginning construction or filing of the necessary performance bond following the filing of an approved final plat with the County Clerk as provided in § 200-32A.
C. 
Such extensions shall be granted for three-month periods and may be renewable at the discretion of the Planning Commission.
A. 
If, within one calendar year next following the date of filing of an approved final plat with the County Clerk, no construction of improvements has begun or no performance bond in lieu of construction has been posted by the subdivider as provided in these regulations, then the Planning Commission is empowered to revoke its approval of said final plat.
B. 
Formal action by the Planning Commission revoking approval of a final plat shall require a subdivder to file another application for approval, in accordance with these regulations, in order for any building permits to be issued to him and for any construction to proceed.
A. 
Approval by the Planning Commission of a final plat shall automatically expire after 90 days next following the date of such approval as provided in § 200-7C(1), unless the subdivider, within this period, shall have duly filed such plat with the County Clerk in accordance with § 7-728 of the Village Law and the County Clerk shall have duly notified the Planning Commission of the filing in accordance with § 7-732 of the Village Law.
B. 
On and after such expiration date, any formal offers of cession submitted by the subdivider shall be deemed to be invalid, void and of no effect.
A. 
If any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Commission is required to act without submitting the subdivision for review, or before favorable referral and final approval has been obtained, such person shall be subject to a fine not to exceed $250 or to imprisonment for not more than 15 days, or both. Each parcel, plot or lot so disposed of shall be deemed a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the tract of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid and also reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within one year after the date of the recording of the instrument of transfer, sale or conveyance of said land.
These regulations or any portion thereof may be amended, supplemented or repealed at any time by the Board of Trustees, on its own motion or by petition or by recommendation of the Planning Commission, following a public hearing which had been preceded by at least 10 days of duly advertised and published official notice of such proposed change. All proposed amendments shall be referred to the Planning Commission for study and recommendation prior to such public hearing.