This chapter provides for the regulation of subdivisions within the Town of Liberty, Sullivan County, New York. It may be cited as the "Town of Liberty Subdivision Law."
By resolution dated August 12, 1972, and amended July 9, 1987, the Town Board granted the Planning Board the authority to approve plats for the subdivision of land within the Town of Liberty outside the limits of the Village of Liberty.
This chapter is adopted for the purpose of providing for the future growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.
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 be issued or any grading, clearing, construction or other improvements are undertaken, the subdivider or his authorized agent shall receive the appropriate 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 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 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. 
The provisions of this chapter, in its interpretation and application, shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
B. 
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. This chapter, however, shall replace the subdivision regulations approved by the Town Board on July 14, 1988.
C. 
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.
The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that any such requirements or improvements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
A. 
Any person who violates any provision of this chapter shall be deemed to have committed an offense against this chapter and shall be liable for said violation.
B. 
Any person violating this chapter shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both, 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 penalty specified in § 130-7B hereof, 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 or a purchaser of any lot which forms a part of any subdivision.
F. 
In addition to the other penalties provided in this chapter, 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.
A. 
The Town Board shall, from time to time, by resolution, establish fees for each of the following:
(1) 
Application packet. Fee to be charged for purchase of an application packet from the Planning Board Secretary.
(2) 
Application fee. Fee to be paid at the time of submission of an application for subdivision approval to the Planning Board Secretary, which fee shall be charged on a per-plat or per-lot basis, or both.
(3) 
Public hearing fee. Fee to be paid to the Planning Board Secretary prior to the scheduling of a public hearing, which fee shall be charged on a per-hearing or per-notice basis, or both.
(4) 
Fee in lieu of park land dedication. Fee to be charged in cases where the Planning Board finds that dedication of park lands would be unreasonable or undesirable (see § 130-17C), which fee shall be charged on a per-lot basis.
B. 
In addition, where applicable, a subdivider shall pay to the Town the Town's actual costs for the following:
(1) 
Technical review fee. Fee to be paid to the Planning Board to defray costs associated with review of a subdivision by the Town Engineer, Town Attorney or Town Planner. An estimated technical review fee shall be paid at the time of submission of the preliminary plat. All technical review fees shall be paid in full before action is taken on the final plat.
(2) 
Inspection fees. Fees to cover inspections and related costs. Prior to certification of any improvements or related performance guaranties, the subdivider shall pay all inspection and related costs (for professional services and expenses) associated with the performance guaranties. These costs will be assessed as a special fee apart from the regular fees provided for in any other provisions of this chapter.
(3) 
Environmental review fee. Prior to submission of a final plat, the subdivider shall pay all costs (for professional services and expenses) associated with the state environmental quality review process relating to the proposed subdivision. These costs will be assessed as a special fee apart from the regular fees provided for in any other provisions of this chapter.