The Planning Board shall administer these regulations.
No plan of any subsection of land showing lots, with or without roads,
shall be filed in the office of the County Clerk or shall have any validity
until it has been approved in the manner prescribed herein. It shall be the
duty of the County Clerk to notify the Town Board, in writing, within three
days of the filing of any plan approved by such Planning Board, identifying
such plan by its title, date of filing and official file number.
No owner or agent of the owner of any lot located within a subdivision
shall transfer or agree to transfer ownership in the future by reference to,
exhibition of or by the use of a plan of a subdivision before such plan has
been approved and recorded in the manner prescribed herein. Any sale or transfer
contrary to the provisions of this section is void. The description of such
lot by metes and bounds in the instrument of transfer or other documents used
in the process of selling or transferring shall not exempt the transaction
from the provisions of these regulations.
No changes, erasures, modifications or revisions shall be made in any
subdivision plan after approval has been given by the Planning Board and endorsed,
in writing, on the plan. In the event that any subdivision plan, when recorded,
contains any such changes, the plan shall be considered null and void, and
the Board shall institute proceedings to have said plan stricken from the
records of the County Clerk.
B.
Payment. The filing fee shall be paid to the Town Clerk
of the Town of Cato.
C.
Refunds. In the event that a plan is withdrawn by the
subdivider before any physical inspection of the site has been made, then
the Planning Board may order that the subdivider be refunded an amount not
to exceed 1/2 the fee paid.
D.
Plan checking and field inspection fees. At the time
such plans, profiles and specifications are submitted for review, the Town
Engineer shall prepare an estimate of cost for all improvement plans. The
subdivider shall thereupon deposit an amount of money equal to said estimated
cost. All work done by the Engineer in connection with checking, computing
and correcting such plans for improvements shall be charged against such deposit.
If, during the progress of the work, the cost thereof appears to exceed the
amount so deposited, the Town Engineer shall notify the subdivider and Planning
Board of this fact and shall do no further work in connection with such review
until the subdivider has deposited such additional sum of money determined
necessary by the Town Engineer to cover the cost of the work. The subdivider
shall also pay the total cost of field inspection of the improvements. The
inspection fee shall be determined by the Town Engineer. The performance bond
posted by the subdivider guarantees the payment of all inspection fees, and
no bonds will be released until all inspection fees have been paid in full.
The Town Board of the Town of Cato ordains that a violation of these
regulations is declared to be an offense punishable by a fine and/or imprisonment
for a period as provided in § 268 of the Town Law.
A.
The Planning Board may grant variances from those regulations
where unusual or exceptional factors or conditions require such modification,
provided that the Planning Board shall:
(1)
Find that unusual topographical or exceptional physical
conditions exist.
(2)
Find that strict compliance with these regulations would
create an extraordinary hardship in the face of exceptional conditions.
(3)
Permit any modification to these regulations only to
the extent necessary to remove the extraordinary hardship.
(4)
Find that any modification granted will not be detrimental
to the public interest nor be in conflict with the intent and purpose of these
regulations.
(5)
Require such other conditions to be met by the proposed
plan as the Planning Board may find necessary to accomplish the purposes of
these regulations when modified.
B.
Cluster development. The Planning Board may vary the
Land Use Ordinance[1] requirements pertaining to lot area, lot width and building setback
regulations in any Residential District in which a proposed subdivision is
intended to be located and is designed to provide common open space while
meeting the density requirements of the district. Those modifications are
intended to provide sufficient flexibility in subdivision design so that a
subdivision may be integrated with the topography and thus facilitate the
economical provision of adequate roads and utilities and also preserve the
natural and scenic qualities of existing open lands.
(1)
Procedure. The subdivider shall make a written application
to the Planning Board of his desire to use cluster development, and it may
be followed at the discretion of the Planning Board if, in said Board's
judgment, its application would benefit the town. If acceptable, the same
procedure for regular subdivision is followed.
(2)
Conditions. The Planning Board may require such conditions
that will ensure that common open space and park and recreation facilities
will be preserved and maintained properly and that covenants and other legal
provisions indicate ownership and who shall use the open space and facilities.
The Town Board must approve the conditions before the plan may be approved
for filing.
(3)
Site plan. The final site plan shall show the location
and dimensions of structures, open spaces, landscaping, parking facilities,
roads, driveways and all other physical features as shown on said plan, and
any modifications, changes or supplementations of existing Land Use Ordinance[2] provisions not shown on said site plan shall be described in a
written statement accompanying the site plan.
[2]
Editor's Note: See Ch. 76, Land Use.
[1]
Editor's Note: See Ch. 76, Land Use.
Rights of appeal shall be as set forth in Article 16, § 282,
of the Town Law and other applicable sections of the New York State statutes.
These regulations may be amended from time to time as prescribed by
the Town Law.
