A.
In the event that at any time prior to final approval
or final disapproval of any plat submitted the subdivider shall protest
in writing to the Planning Board any interpretation of the regulations
it feels is erroneous or that any requirement of the Board is burdensome,
arbitrary or constitutes an undue hardship, the Board will authorize
the Commissioner of Public Works to meet with the engineer for the
subdivider, and the two so chosen shall pick a third person, and the
two engineers and the third person shall make a decision which the
Board will follow.
B.
The foregoing Subsection shall not apply to any provisions
of the chapter covered by specific regulations contained therein,
and is intended to apply only to rules of interpretation and matters
of Board discretion.
C.
Before the municipality will authorize its commissioner
of Public Works to take any action in connection with this proceeding,
the subdivider will pay to the Board the reasonable expenses to be
incurred, as estimated by its engineer, and in addition thereto an
amount to be determined by the Board, out of which they will pay any
other expenses of the proceedings, and return the balance, if any,
to the subdivider.
D.
Upon payment of such expenses, the municipality will
forward in writing a copy of the protest to its Commissioner of Public
Works and to the engineer of the subdivider, who shall immediately
proceed, and the engineers and the third person so chosen by them
shall file a determination with the Board within 10 days of the date
of the notice in writing to said engineers. In the event that no determination
is filed within 10 days, the Board shall proceed as if no protest
had been made.
A.
Any officer, department, board, or bureau of the municipality,
with the approval of the Town Board, or any person or persons, jointly
or severally aggrieved by any decision of the Planning Board concerning
a plat decision, 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
on the ground that such decision is illegal, in whole or in part.
Such proceeding must be commenced within 30 days after the filing
of the decision in the office of the Board.
B.
Commencement of the proceeding shall stay proceedings
upon the decision appealed from.
C.
If, upon the hearing, it shall appear to the court
that testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a referee to take such evidence as
it may direct and report the same to the court with his findings of
fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the court shall be made.
The court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review.
