By resolution adopted April 26, 1966, and amended
March 7, 1973, the Town Board of the Town of Neversink granted the
Town Planning Board the authority to approve plats for the subdivision
of lands within the Town of Neversink, pursuant to the Provisions
of § 276 of the Town Law of the State of New York. In accordance
with the requirements of Municipal Home Rule Law § 10, Subdivision
1(ii)d(3), this chapter shall supersede, in part, the provisions of
Town Law §§ 272 and 276 so as to create procedures
and requirements for review of plats as hereinafter provided by this
chapter.
This chapter is adopted for the following purposes:
A.
To provide for the orderly growth and development
of the Town.
B.
To provide for the health, safety and welfare of Town
residents and for the preservation of the environment.
C.
To minimize foreseeable maintenance and improvements
problems, as well as economic burdens associated with the development
of land.
A.
When any subdivision of land is proposed, before any
offer is made to sell any part or all of the subdivision and before
any permit for the erection of any structure in such subdivision shall
commence or any grading, clearing, construction or other improvements
are undertaken, the subdivider or his authorized agent shall apply
for approval of the proposed subdivision in accordance with the procedures
and requirements of this chapter.
B.
It shall be the obligation of each prospective purchaser
or purchasers of a lot which forms any part of a subdivision to ensure
that appropriate subdivision approval has been obtained. In the absence
of such subdivision approval, a prospective purchaser or purchasers
shall not commence the erection of any structure on such lot, nor
commence any grading, clearing, construction or other improvements.
C.
This chapter shall apply to all subdivisions of land
made on or after its effective date.
A.
Interpretation. The provisions of this chapter in
their interpretation and application shall be held to be the minimum
requirements for the promotion of the public health, safety and general
welfare.
B.
Conflict. This chapter is not intended to interfere
with, abrogate or annul any other ordinance, law, rule or regulation,
statute or provision of law. Where any of the provisions of this chapter
impose restrictions different than any other ordinance, law, rule
or regulation or other provision of law, whichever provisions are
more restrictive or impose higher standards shall control.
C.
Separability. If any part or provision of this chapter
or application thereof to any person or circumstances is judged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which judgment shall have been rendered and
shall not affect or impair the validity of the remainder of this chapter
or the application thereof to other persons or circumstances. The
Town hereby declares that it would have enacted the remainder of this
chapter even without such part, provision or application.
A.
The Planning Board shall have the power to authorize
variations and waivers from the requirements of this chapter.
B.
Applications for such variations or waivers shall
be submitted in writing by the subdivider at the time an application
and fee are submitted for a public hearing. The application shall
state fully the grounds for the variation or waiver and state the
facts relied upon by the subdivider.
C.
The Planning Board may, by resolution, authorize a
variation from or waiver of this chapter when, in its opinion, unreasonable
hardship will result from strict compliance therewith, provided that
the resolution shall state in it the facts on which the Planning Board
bases its finding that unreasonable hardship will result from strict
compliance with these regulations.
D.
Variation or waivers may be granted only where the
following conditions occur:
(1)
Where it is impractical, because of unique natural/physical
circumstances, that the property be developed in strict conformity
with the provisions of this chapter.
(2)
The above hardship would be unique and not shared
by other properties in the immediate vicinity.
(3)
The variation or waiver would not change the character
of the area and would preserve the purposes and intent of this chapter.
E.
In authorizing a variation or waiver, the Planning
Board may attach conditions and require such guaranty or bond as it
may deem necessary to assure compliance with the objectives of this
chapter.
F.
Where the Planning Board finds that, due to the special
circumstances of a particular plat, the provision of certain required
improvements is not requisite in the interest of the public health,
safety and general welfare or is inappropriate because of inadequacy
or lack of connecting facilities adjacent to or in close proximity
to the proposed subdivision, it may vary or waive such requirements,
subject to appropriate conditions.
G.
Economic hardship or increased costs of development
shall not be cause for variation or waiver.
A.
Any person who violates any provision of this chapter
shall be deemed to have committed an offense against this chapter
and also shall be liable for said violation.
B.
Any person, firm or corporation violating this chapter
shall be subject to a civil penalty enforceable and collectible by
the Town in the amount of not more than $250 for each such offense.
Such penalty shall be collectible by and in the name of the Town.
C.
In the event of a violation of this chapter, in addition
to the aforesaid civil penalty, the Town shall be entitled to claim,
as additional damages, its actual costs in enforcing this chapter,
which costs shall include, but not be limited to, legal fees, court
filing fees, costs and disbursements of litigation, witness fees,
experts' fees and any additional expenses related to the enforcement
process.
D.
Each week's continued violation after notice thereof
shall constitute a separate violation and offense.
E.
All remedies on behalf of the Town provided for in
this chapter or available at law or equity shall be enforceable against
a subdivider, prospective purchaser or purchaser of any lot which
forms a part of any subdivision.
F.
In addition to the above-provided penalties, 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 any portion of this
chapter.
