The Planning Board shall administer these regulations.
No plat of any subdivision of land showing lots,
blocks or sites, with or without streets or highways, shall be filed
or recorded in the office of the County Clerk or have any validity
until it has been approved in the manner prescribed herein.
No owner or agent of the owner of any land located
within a subdivision shall transfer or agree to transfer ownership
in the future by reference to, exhibition of, or by use of a plat
of a subdivision before such plat has been approved and recorded in
the manner prescribed herein. Any sale or transfer contrary to the
provision of this section is void. The description of such sublot
or parcel 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 plat after approval has been given
by the Board and endorsed, in writing, on the plat. In the event that
any subdivision plat, when recorded, contains any such changes, the
plat shall be considered null and void, and the Board shall institute
proceedings to have said plat stricken from the records of the County
Clerk.
Penalties for offenses against this chapter
shall be as set forth in § 268 of the Town Law.
The Planning Board may grant variances from
these regulations where unusual or exceptional factors or conditions
require such modification, provided that the Planning Board shall:
A. Find that unusual topographical or exceptional physical
conditions exist.
B. Find that strict compliance with these regulations
would create an extraordinary hardship in the face of exceptional
conditions.
C. Permit any modification to depart from these regulations
only to the extent necessary to remove the extraordinary hardship.
D. Find that any modification granted will not be detrimental
to the public interest nor in conflict with the intent and purpose
of these regulations, when modified.
E. Require such other conditions to be met by the proposed
plat as the Planning Board may find necessary to accomplish the purposes
of these regulations, when modified.
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.