No minor subdivision shall be given approval
and no major subdivision shall be given preliminary approval if the
land to be subdivided is subject to violations of the Town Code or
the New York State Uniform Fire Prevention and Building Code.
[Added 7-7-2003 by L.L. No. 1-2003]
A. This section is enacted pursuant to the authority
of Chapter 365 of the Laws of 1976, which added a new Subparagraph
(3) to Paragraph d of Subdivision 1 of § 10 of the Municipal
Home Rule Law authorizing towns to adopt a local law which amends
or supersedes any provision of the Town Law in relation to property,
affairs or government of the Town or in relation to any of the other
enumerated subject matters in such § 10 unless there is
a state legislative restriction on such amendment or supersession.
B. In order to permit the Planning Board to expeditiously
process, review and determine applications for approval of minor subdivisions,
it is deemed advantageous by the Town Board of the Town of Liberty
to enact this section superseding Subdivision 3 of § 277
of the Town Law to provide authority to the Planning Board to waive
certain and limited dimensional requirements of the Town of Liberty
Zoning Law with respect to lots in residential minor subdivisions.
C. Subdivision 3 of § 277 of the Town Law is
hereby superseded in its application to the Town of Liberty by amending
the same to read as follows:
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3. Compliance with zoning regulations. Lots
shown on subdivision plats shall at least comply with the requirements
of the Town of Liberty Zoning Law; subject, however, to the provisions
of § 278 of this article and subject, however, to the authority
hereby granted to the Town of Liberty Planning Board to waive, when
reasonable, with respect to subdivision plats for residential minor
subdivisions, the lot width and/or lot depth requirements provided
in the Town of Liberty Zoning Law.
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D. Any waiver granted by the Planning Board may be subject
to such conditions as the Planning Board may determine reasonably
necessary to promote public health, safety and general welfare.
E. This section shall not be construed as the exercise
by the Town Board of the Town of Liberty of its power to authorize
the Planning Board to approve cluster developments pursuant to § 278
of the Town Law.
F. This section shall be construed to supersede, with respect to the consideration and approval of minor subdivisions only, the provisions of §§
130-5B,
130-15A and
130-16 of this chapter.