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 Board is empowered to revoke its approval of said
final plat.
B.
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.
Approval by the Planning Board of a final plat shall automatically expire after 60 days next following the date of such approval as provided in § 121-8C(3), 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 § 278 of the Town Law.[1]
[1]
Editor's Note: Section 278 was renumbered
as § 279 by L. 1992, c. 727.
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 or local 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 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.
[Amended 12-30-1987 by L.L. No. 9-1987]
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.
The Chairman and the Secretary of the Planning
Board or, in their absence, the Acting Chairman and the Acting Secretary
are hereby authorized to sign approved subdivision plats.
These regulations or any portion thereof may
be amended, supplemented or repealed at any time by the Town Board
on its own motion or by petition or by recommendation of the Planning
Board 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
Board for study and recommendation prior to such public hearing.
