A.
Requests by subdivider. Requests by the subdivider
for variances, modifications, waivers, or time extensions in connection
with provisions of these regulations shall be presented in writing
to the Planning Board 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 Board, 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.
Extraordinary hardship. Wherever extraordinary hardship
may face the subdivider as a result of the strict application of these
regulations, the Planning Board may approve variances from these regulations
in order to provide substantial justice and secure the public interest.
Such variances shall, however, not have the effect of negating the
intent, purpose and policies of the Zoning Law, the Master Plan and
these or other applicable regulations.
C.
Unusual topographic conditions. Wherever, due to unusual
topographic conditions, the continuation of streets or the placement
of lots and improvements are rendered undesirable or impractical,
the Planning Board may approve variances from these regulations.
D.
Alternative conditions. In granting variances and
modifications, the Planning Board may require such alternative conditions
as will secure substantially the same objectives of the standards
or regulations so varied from or modified.
A.
Large-scale developments. The Planning Board 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.
B.
Zoning Law. The Planning Board is empowered to make
reasonable modifications, changes or supplements to the Zoning Law
of the Village of New Paltz 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.
A.
Rules for procedure. The Planning Board 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 the Village Law pertaining
to subdivision plats.
A.
Failure to install improvements. 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 Board is empowered
to revoke its approval of said final plat.
B.
Status of final plat. Formal action by the Planning
Board revoking approval of a final plat shall require a subdivider
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.
Filing plat with County Clerk. Approval by the Planning Board of a final plat shall automatically expire after 90 days next following the date of such approval as provided in Subsection A of § 178-15, unless the subdivider within this period shall have duly filed such plat with the County Clerk and the County Clerk shall have duly notified the Planning Board of the filing in accordance with § 7-732 of the Village Law.
B.
Offers of cession. 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 the subdivision on which by
this chapter or law, the Planning Board 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 as set annually by resolution of the Board of Trustees.
Each parcel, plot, or lot so disposed of shall be deemed a separate
violation.
[Amended 10-22-2014 by L.L. No. 13-2014]
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.
In accordance with § 7-740 of the Village Law, any person or persons, jointly or severally aggrieved by any decision of the Planning Board concerning plat approval or the changing of the zoning regulations as stipulated in Subsection B of § 178-29, may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record. Such proceeding must be commenced within 30 days after the filing of the decision in the office of the Planning Board.
Should any section or provision of these regulations,
as contained herein or as hereinafter amended, be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect
the validity of the regulations as a whole or any part thereof other
than the part so declared to be invalid.
