It is the purpose and intent of this part to establish a process and standards for the consideration of land subdivision that will ensure the orderly, efficient and economical development of the Town and assist in the achievement of the Town Plan. This means, among other things, that land to be subdivided shall be in accord with the Town Plan, and as the Plan may be amended subsequent to its initial adoption; that the land shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provisions shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern or open space characteristics of adjacent properties; that the proposed streets shall compose a convenient system conforming to the Town Plan, as such exists at the time, and shall be of such width, grade and location as to accommodate the prospective traffic and to facilitate fire protection and other services that would need to be provided; and to ensure that proper provision shall be made for recreation, open space and conservation considerations.

It is further the purpose of this part to consider the subdivision of land in accord with the provisions of the Town Plan and established County and Adirondack Park policies as regards the proposed settlement and density patterns and rates of projected population increase; to consider proposals for subdivision relative to these policies in order to preserve the character and quality of life enjoyed in the Town at present; and to consider the ability of the responsible units of government to provide such services as would be required by the subdivision and the appropriate manner of assuring equitable participation in these costs.

It is also the purpose of this part to further the stated purposes of the Adirondack Park Agency Act by satisfaction of the criteria for approval by the Adirondack Park Agency of a local land use program pursuant to Subdivision 2 of § 807 of the Act[1] or such portion thereof as may be applicable to this part.

Pursuant to the provisions of the Municipal Home Rule Law and in accord with the applicable provisions of the Town Law, this part authorizes and empowers the Planning Board of the Town of Colton to approve or disapprove minor and major subdivision plats according to the processes and standards set forth herein.

This part shall apply to the division of any parcel of land as herein defined from and after the effective date of the Interim Subdivision Regulations for the Town of Colton, New York, as initially adopted and, in addition, shall be applicable to any entirely or partially undeveloped plat previously filed with the Clerk of St. Lawrence County where 20% or more of the lots within the plat were unimproved and have not been sold, transferred or otherwise conveyed to separate ownership on said effective date.

Any subsequent enactment or amendment of Zoning Regulations[1] affecting a previously filed or otherwise eligible subdivision plat shall entitle the subdivided property to the applicable exemption from those Zoning Regulations as provided for under § 265-A of the Town Law.

No exemption specifically allowed for under § 811 (Subdivisions 1b, 1c, 3, 4) of the Adirondack Park Agency Act shall be diminished or forfeited, as such exemptions apply to that Act upon the enactment of this part.

No building permit shall be issued by the Code Enforcement Officer and no use or use variance shall be issued by the Zoning Board of Appeals or the Planning Board for any parcel subdivided without approval.

Preapplication conference. Prior to the filing of an application for approval of a subdivision plat, the subdivider or his authorized representative may request a preapplication conference. No formal application is thereby required. The purpose of such appearance and submission of information is primarily to afford the subdivider an opportunity to consult informally and at an early stage with the Planning Board for the purpose of conserving the time and expense of the subdivider and creating mutual opportunities for an exchange of information that will aid in assuring a desirable subdivision in the public interest.

Submission. Whenever any subdivision of land as herein defined is proposed to be made, and following any preapplication conference, the subdivider shall apply in writing to the Planning Board for approval of the subdivision on such forms as may be provided by the Town. An application and sketch plan shall be filed with the Chairperson of the Planning Board not less than seven days prior to a regularly scheduled Board meeting. The date the application and sketch plan are so filed shall be the date of submission.

Content. There shall be filed, as part of the application, three copies of a sketch plan of the entire property to be subdivided. Required information to be included in the application for a subdivision and the sketch plan is as stipulated in Appendix B of this chapter.[1]

The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

All applicants submitting an application requiring additional professional assistance (as is determined by the Planning Board of the Town of Colton) shall pay a review fee provided for by this part to the Town Clerk upon submission of the application and notification by the Town Clerk. No application shall be deemed complete until all fees and deposits have been paid in full.

Definition of review fee. A review fee is the total cost incurred by the Town of Colton for expert review of the proposed project, site plan review, and is to include legal, engineering, architectural, landscaping, secretarial, consultants and all other services that may be deemed necessary by the Code Enforcement Officer. There shall be no expert fees required for a single-family or two-family dwelling.

Retention of expert assistant, reimbursement by applicant.

Exceptions.

Submission. The subdivider shall, within six months of the date of response by the Planning Board to the application and sketch plan, where it has been determined that the proposed subdivision is a minor subdivision, file with the Planning Board an application for approval of a minor subdivision plat; otherwise, the initial application and sketch plan shall expire unless an extension of time is applied for and granted by the Board. Application for minor plat approval shall be filed with the Clerk of the Board not less than seven days prior to a regularly scheduled Board meeting. The date of the minor plat as so filed shall be the date of submission.

Content. The subdivider shall cause to be prepared a minor plat, which shall consist of, as a minimum, those items of information called for in Appendix B.[1] Four copies of the minor plat and supplementary materials required shall be submitted.

Public hearing. The Planning Board shall, within 62 days of the date of submission of the application, hold a public hearing on the minor plat, as submitted. Said hearing shall be properly advertised in a newspaper of general circulation in the Town at least five days prior to the date of hearing.

Referral and response shall be as follows:

Action shall be taken according to the following:

Notification of action taken. Any conditional approval, including any required modifications and the reasons therefor, disapproval and the reasons therefor, or final approval shall be stated in the records of the Planning Board and the applicant so notified with a copy certified to by the Clerk of the Board within five days from the date of action taken.

Satisfaction of conditional approval. Within 180 days of the date of resolution granting approval or conditional approval, with or without modification, the applicant shall have met all requirements of such approval or conditional approval and have submitted the original of the minor plat for signature as required to denote final approval. Notwithstanding the foregoing, the Planning Board may extend the time within which an approved or conditionally approved minor plat must be submitted for signature, where in its opinion such extension is warranted, for additional periods of 90 days each.

Signature and filing. Upon satisfactory completion of the above requirements, including any set forth in any resolution of conditional approval, the Chairman of the Planning Board shall affix his signature to the original of the minor plat, which signature shall constitute final approval of the plat, which may then be filed according to the following:

Submission. The subdivider shall, within six months of the date of response by the Planning Board to the application and sketch plan, where it has been determined that the proposed subdivision is a major subdivision, file with the Planning Board an application for approval of the preliminary plat; otherwise, the initial application and sketch plan shall expire unless an extension of time is applied for and granted by the Board. Any initial application and sketch plan, of which only a portion or section is submitted as a preliminary plat, shall not expire after six months so long as each subsequent phase is submitted for preliminary plat approval in accord with a previously established timetable. Application for preliminary plat approval shall be filed with the Clerk of the Board not less than seven days prior to a regularly scheduled Board meeting. The date the preliminary plat is so filed shall be the date of submission.

Content. The subdivider shall cause to be prepared a preliminary plat, which shall consist of, as a minimum, those items of information called for in Appendix B of this chapter.[1] Four copies of the preliminary plat and supplementary materials required shall be submitted.

Referral and response shall be as follows:

Public hearing. The Planning Board shall, within 62 days of the date of submission of the application, hold a public hearing on the preliminary plat, as submitted. Said hearing shall be properly advertised in a newspaper of general circulation in the Town at least five days prior to the date of hearing.

Action shall be taken according to the following:

Notification of action taken. Any approval, required modification and the reasons therefor, or disapproval and the reasons therefor shall be stated in the records of the Planning Board and the applicant so notified with a copy certified to by the Clerk of the Board within five days from the date of action taken.

Submission. The subdivider shall, within six months after approval of a preliminary major subdivision plat, file with the Planning Board an application for approval of the final plat; otherwise, such approval of the preliminary plat shall become null and void unless an extension of time is applied for and granted by the Board. Any approved preliminary plat, of which only a portion or section is submitted as a final plat, shall not be null and void after six months so long as each subsequent phase is submitted for final plat approval in accord with a previously established timetable. Application for final plat approval shall be filed with the Clerk of the Board not less than seven days prior to a regularly scheduled Board meeting. The date the final plat is so filed shall be the date of submission.

Content shall be as follows:

Referral and response shall be as follows:

Public hearing. Within 62 days of submission of the final plat in proper form, the Planning Board shall hold a public hearing; except that, where the Board determines the final plat to be in substantial agreement with a previously approved preliminary plat, the Board may waive the requirement for a public hearing on the final plat. If a public hearing is to be held, it shall be properly advertised in a newspaper of general circulation in the Town at least five days prior to the date of hearing.

Action shall be taken according to the following:

Notification of action taken. Any conditional approval, required modification and the reasons therefor, or disapproval and the reasons therefor, shall be stated in the records of the Planning Board and the applicant so notified with a copy certified to by the Clerk of the Board within five days from the date of action taken.

Required improvements. In any subdivision where improvements are required, the following shall apply.

Satisfaction of conditional approval. Within 180 days of the date of resolution granting conditional approval, the applicant shall have met all requirements of the conditional approval, including those set forth in Subsection G above where applicable, and have submitted the original of the final plat for signature as required to denote final approval. Notwithstanding the foregoing, the Planning Board may extend the time within which a conditionally approved final plat must be submitted for signature, where in its opinion such extension is warranted, for additional periods of 90 days each.

Signature and filing. Upon satisfactory completion of the above requirements, including any set forth in the resolution of conditional approval, the Chairman of the Planning Board shall affix his signature to the original of the final plat, which signature shall constitute final approval of the plat, which may then be filed according to the following:

Under and pursuant to the provisions of § 278 of the Town Law, the Planning Board may, at its discretion, entertain as part of the application for any subdivision plat a request to adjust the applicable Zoning Regulations of the Town coincidental with its review and approval of any such subdivision plat.

The purpose of this provision is to introduce flexibility in the design of a subdivision in a manner consistent with the public interest, the wise use of the land and the efficient provision of services. The use of this provision shall in no way be contrary to the Town Plan or the purpose and intent of this part or Part 3, the Town Zoning Regulations.

Such adjustment of Part 3, Zoning Regulations, shall not result in a greater number of building lots or dwelling units than would be allowable under Part 3 of this chapter, and no change in the types of uses or activities provided for in the zoning district shall be allowed under this provision.

If the subdivision involves any shoreline subject to the shoreline lot width restrictions contained in Part 3, Zoning Regulations, any modification of such restrictions shall not result in an overall intensity of development exceeding the allowable number of principal buildings per linear mile of shoreline or fraction thereof for the respective zoning district involved. If the subdivision involves any shoreline subject to the shoreline lot width restrictions contained in Part 3, Zoning Regulations, and utilizes the special provisions of this section, the Planning Board shall specifically find in connection with any approval thereof that the subdivider will provide the means, whether by deed restriction, restrictive covenant or other similar appropriate method, to ensure the retention in open space of the undeveloped portions of shoreline approved on such basis.

Any subdivision plat approved, signed and filed which has included any adjustment to Part 3, Zoning Regulations, allowed for under this provision shall be filed as required with the Town Clerk who shall make appropriate notation thereof in the affected zoning regulations, including the official Zoning Map(s).

All standards set forth herein shall apply to the extent that they are applicable as determined by the Planning Board and are required minimum standards. Only where exceptional conditions warrant, which conditions shall be fully documented, shall the Planning Board require such additional measures as are reasonable and appropriate under the circumstances to accomplish the purposes of this part.

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other natural hazard and shall be in keeping with the objectives of the Town Plan.

The utmost consideration shall be given to existing natural features of both the subdivision and adjoining lands, and every effort shall be made to preserve and design around existing landforms, tree cover, waterways, vistas and other exceptional physical characteristics.

Any proposed subdivision will be reviewed according to its relationship to the Town's Composite Natural Resource Limitations Mapping and an assessment will be made of this relationship with a view toward identifying potential limitations or problems that would need to be overcome in the site plan for the subdivision.

The lengths, widths and shapes of blocks shall be determined with due regard to:

Where the subdivision is laid out in conventional block form, block lengths shall generally not exceed 1,500 feet nor be less than 750 feet. Block width shall generally be two lots deep.

Nonresidential blocks intended for commercial or industrial use shall be of such length and width as is suitable for their prospective use. Such blocks shall include adequate provisions for off-street parking and service area.

Lot size, width, depth, shape and orientation, and the minimum required yard dimensions shall be appropriate to the location of the subdivision, topographical conditions, the type of development and use contemplated, and shall as a minimum be in accord with the requirements of Part 3, Zoning Regulations.

Corner lots shall have extra width to permit appropriate building setback from and orientation to both streets in accord with minimum required front yard setbacks as established under Part 3, Zoning Regulations.

In accord with the provisions of Town Law § 280-a and the Town's rights and interest thereunder, each lot shall have such access to a public roadway as is determined appropriate by the Planning Board based on the size, location and nature of the subdivision. In particular, in any subdivision of more than four lots, each lot shall have the minimum required lot width on an approved roadway or shoreline, other than in an approved cluster arrangement, as specified in the respective zoning district.

Double-frontage lots with access to two roads shall not be approved except where no other arrangement is possible, and then only where the minimum lot depth is 200 feet.

Side lot lines shall be substantially at right angles to straight road lines or radial to curved road lines.

Driveway access and grades shall conform in general to the terrain but shall not exceed a fifteen-percent grade over any fifty-foot length and shall not exceed 3% within 25 feet of the improved surface area of the roadway, as measured along the center line of the driveway.

Adequate easements centered on rear or side lot lines shall be provided for utilities where necessary. A minimum easement width of 15 feet shall be required. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.

A pedestrian easement not less than 15 feet wide, in addition to any road, shall be provided where required by the Planning Board to provide safe circulation or access to schools, recreation areas, and other community facilities.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose, as determined by the Planning Board.

Where a subdivision is so situated as to involve a noteworthy scenic view or vista, either for the subdivision, along a travel corridor or for established residences, a scenic easement of appropriate configuration may be required by the Planning Board.

When so required by the Planning Board, a screen-planted easement not less than 15 feet wide, across which there shall be no right of access, may be required along the line of lots between the subdivision and any adjoining use which would be incompatible with the subdivision or require separation from it.

General. All roadway and related construction, whether to be offered for dedication or not, shall be the responsibility of the subdivider unless otherwise indicated and shall be in accord with the following criteria:

Design considerations shall be as follows:

Construction considerations shall be as follows:

Water supply systems shall be provided as follows:

Sewage disposal systems shall be provided as follows:

Fire hydrants. Installation, type and location of all fire hydrants shall be as approved by the Planning Board and shall be in conformity with the standards of the New York Fire Insurance Rating Organization, the Division of Fire Safety of the State of New York, and any special requirements of the Town, water district, or fire district.

Other utilities. Electric, telephone and other available utilities shall be arranged for by the subdivider, and their description shall be as required in Appendix B of this chapter.[1]

Location. Utilities shall be located in accord with any applicable Public Service Commission guidelines and as approved by the Planning Board. The Board shall require, whenever physically possible and when the size, location and present service permits, that utilities be placed underground and in the road right-of-way between the travel surface and right-of-way line or in a consistent location within individual property lines to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the road is surfaced.

Any subdivision involving lands designated as flood hazard areas by the Federal Insurance Administration of the United States Department of Housing and Urban Development and any other land subject to repeated flooding or deemed by the Planning Board to be subject to flood hazard shall be reviewed by the Planning Board in accord with the applicable provisions of Part 2, Building and Sanitary Regulations.

Storm and surface drainage shall be designed for the tract in relation to the drainage area above the tract and drainage outlets into adjacent tracts. Drainage systems must be sufficient to handle discharge from the entire drainage area, whether inside or outside the subdivision, based on the following:

No subdivision shall be approved where anticipated runoff incident to the subdivision development will overload existing downstream facilities or capacity.

Drainage structures and facilities shall be installed as necessary to assure adequate drainage for the tract, and drainage easements shall be provided where necessary.

The subdivider shall allow no holes, depressions or other undrained areas to remain, except such wetlands as may be natural features or necessary retention basins which shall be protected or situated at the direction of the Planning Board.

The grading plan and the design of roadways in relation to storm drainage shall be such that the runoff from roofs, driveways and other impervious surfaces will be collected in the ditches and/or gutters along the roadway in short runs of generally less than 500 feet and will then be diverted from the roadway surface into storm sewers or a natural drainagecourse.

The use of open watercourses for drainage involves considerations related to safety, erosion control, stagnant water, protection of capacity, and appearance, which considerations will be recognized according to the following:

Design of storm sewers shall be as follows:

Design of ditches and gutters shall be as follows:

Areas on which vegetation has been destroyed or removed, excluding areas proposed for road surfaces or shoulders, driveways, building sites or parking lots, shall be successfully revegetated or otherwise stabilized with structural measures to minimize the potential for soil erosion as soon as practicable.

Revegetation measures and efforts shall be evaluated by visual inspection, which shall include identification and measurement of the actual condition of new healthy vegetation. Such evaluation shall be made not sooner than 180 calendar days from the date of planting and not later than 360 calendar days from the date of planting.

Corrective action shall be instituted and completed within the time specified by the Enforcement Officer upon determination of unsatisfactory compliance with this section. In making any determination required by this section, the Enforcement Officer shall consider significant rills, gullies, loss of mulch, loss of seed or failure of seed germination as evidence of unsatisfactory compliance.

Construction operations requiring revegetation of an aggregate area larger than 20,000 square feet shall be done in stages. Each stage shall consist of no more than 20,000 square feet of surface area. Each stage shall receive complete treatment for revegetation or mulching as if the stages were individual constructions.

Upon completion of final grading of any area, revegetation operations shall begin within five days and shall be completed within 10 days. In the event that more than five days shall elapse between any consecutive construction operations that materially disturb the soil, such areas shall be adequately mulched or otherwise stabilized with structural measures within five days of disturbance and shall be completed within 10 days to minimize the potential for soil erosion.

Streetlights and all exterior lighting shall be dark sky compliant in that they are downcast with fully recessed bulbs and include full cut off shields. Streetlights shall be arranged for by the subdivider where appropriate, as determined by the Planning Board, and be of the type and at such interval as specified by the Board.

Street trees are to be the responsibility of the subdivider. Retention and preservation of existing trees and location and type of new trees shall be approved by the Planning Board. All new tree plantings shall be USDA zone-hardy; be resilient to salt and sand applications when in close proximity to roads and parking areas; should diversify the community's tree canopy; and not consist of ash or maple species as they are highly susceptible to the long-term threat of invasive species such as the emerald ash borer and the Asian long-horned beetle. Street trees are to be the responsibility of the subdivider; they shall be watered regularly in the first year of planting during extended periods of dry weather, and shall be replaced in the event of dying within the first two years of planting.

The area between the drainageway and the property line shall be seeded and otherwise improved by the subdivider and maintained by the owner.

Street name signs shall be of the type and in the location determined by the Planning Board and shall be provided by agreement between the Planning Board and the applicant.

Where a proposed park, playground, school or other public use shown in the Town Plan, or desirable for use as same, is located in whole or in part in a subdivision, such area shall either be dedicated to the proper public agency or it shall be reserved for acquisition by such agency within a specified period by purchase or other means, and an agreement shall be entered into between the subdivider and the public agency regarding the time and method of acquisition and the cost thereof.

In the instance of a subdivision involving the creation of 25 lots or more, the Planning Board shall, and in the instance of a subdivision of 24 lots or less, the Planning Board may, require up to 10% of the land area of such subdivision be reserved and improved for open space recreation purposes.

If the Planning Board determines that suitable open space recreation area cannot be located in a given subdivision or it is otherwise not practical to do so, the Board may require as a condition to approval of any such plat other or further conditions as may be authorized by law, including payment to the Town of an acceptable sum based on the size of the subdivision, the number of lots to be subdivided, and the value of the land in relationship to the ten-percent standard which might otherwise have been required for open space recreation purposes; which sum shall constitute a trust fund to be used exclusively for open space recreational purposes designed to serve such subdivision, including the improvement of existing facilities.

The tract boundary lines and the lines of all streets or roads shall be monumented with concrete, stone or iron monuments with monument caps.

Individual properties shall be monumented with iron pins or pipe.

The Planning Board may require that all such monuments be in place and capable of verification prior to the Planning Board Chairman recording his signature on the minor subdivision or final major subdivision plat.

No subdivision as herein defined shall be developed or built upon, nor shall any road construction therefor be initiated, until and unless approval of a minor or final major subdivision plat has been authorized and any required performance security properly posted. Further, no subdivision or any lot within such subdivision shall be offered for sale and no lot or lots which are part of any subdivision shall be recorded as separate lots of record with the County until a minor or final major subdivision plat has been signed and filed in accord with the requirements of this part.

Following conditional approval of a minor or final major plat and before the Planning Board Chairman shall affix his signature to the plat, the Town Attorney shall certify that:

Approval of the minor or final major plat shall not constitute acceptance by the Town Board of any offer of dedication for such facilities without separate and formal acceptance of such offer by the Town Board.

No changes, erasures, modifications or revisions shall be made in any minor or final major plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board and the Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Town shall institute proceedings to have the plat stricken from the records of the County Clerk.

If at any time following approval and filing of a minor or final major plat it is demonstrated that unforeseen conditions make it necessary or desirable to modify the location or design of any required improvement or installation, the Planning Board may authorize such modification, provided it is within the spirit and intent of the original action and does not constitute a substantial departure from the approved and filed subdivision plat.

The division of property by bona fide gift, testament, devise or inheritance.

The division of property involving existing structures and installations which do not permit the achievement of the standards and required improvements set forth in this part.

The division of property involving a conveyance for the sole purpose of adjusting a mutual property boundary between two adjoining landowners or where a property boundary is adjusted for the sole purpose of establishing a lot size or configuration that will more closely reflect the requirements of Part 3, Zoning Regulations.

The division of property into parcels of 50 acres or more, not involving a new roadway, easement for access or any structure thereon, for open space, recreation, woodland management or conservation purposes.

The Town Board may, on its own motion, on petition, or on recommendation of the Planning Board or Board of Appeals, amend this part pursuant to the applicable requirements of law.

All proposed amendments originating by petition or by motion of the Town Board shall be referred to the Planning Board for a report and a recommendation thereon. The Planning Board shall submit its report within 30 days after receiving such referral. Failure of the Planning Board to report within the required time shall be deemed to constitute its recommendation for approval of the proposed amendment.

Any proposed amendment governed by § 239-n of the General Municipal Law shall be referred to the St. Lawrence County Planning Board and, upon approval by the Adirondack Park Agency of the Town's local land use program or the portion of such program embodied by this part, any amendment will be referred to the Adirondack Park Agency in accord with the procedure identified under § 105-28 below.

Before any amendment, there shall be a public notice and hearing thereon as provided by law.

After the public hearing and referral to and report by the Planning Board, a majority vote of the members of the Town Board shall be required to amend this part.

Public hearing shall be required prior to action on any subdivision plat, amendment or variance considered under this part.

The Town Board shall hold any public hearing in consideration of any amendment to this part in accordance with the applicable provisions of law.

The Planning Board shall hold any public hearing in consideration of a subdivision plat in accordance with the applicable provisions of law and this part and may, at the discretion of the Board, hold a public hearing in consideration of any application for a waiver.

The Board of Appeals shall hold any public hearing in consideration of a request for any variance in accordance with the applicable provisions of law and this part. In addition, the Board of Appeals may, at its discretion, hold a public hearing in the consideration of any other matter within its jurisdiction, including a request for interpretation.

Public notice of any required public hearing will be advertised in a newspaper of general circulation in the Town at least five days prior to the date of such hearing and shall specify the date, time, place and purpose of such hearing.

The instrument of the Town responsible for calling any public hearing may require any applicant in an action necessitating public hearing to notify by certified mail or other acceptable means adjoining and other specifically designated property owners and persons of legitimate interest concerning the public hearing.

The hearing shall be conducted in accord with any bylaws or guidelines established by the appropriate board and any guidelines set forth by the presiding officer for consideration of the matter at hand. Any person or party of interest may appear in person or by authorized representative or counsel and shall be given an opportunity to be heard as it is relevant to the proceeding.

Pursuant to § 239-nn of the General Municipal Law, notice shall be given by mail or electronic transmission to the clerk of an adjacent municipality at least 10 days prior to any such hearing relating to:

Upon receipt of application for preliminary and/or final approval of a subdivision plat or proposal to develop an undeveloped plat and/or plats already filed in the office of the County Clerk, such plats shall be referred to the County Planning Board if the plat applies to real property within 500 feet of the following:

Thirty-day review. The County Planning Board shall have 30 days after receipt of a preliminary plat or proposal to develop an undeveloped plat, or such longer period as may have been agreed upon by the County Planning Board and the Town Planning Board, to report its recommendations to the Town Planning Board, accompanied by a statement of the reasons for such recommendations. If the County Planning Board fails to report within such period, the Town Planning Board may take final action on the referred plat without such report. However, any County Planning Board report received after 30 days or such longer period as may have been agreed upon, but two or more days prior to final action by the Town Planning Board, shall be subject to the provisions of extraordinary vote.

At such time as this part may become part of an approved local land use program for the Town under the Adirondack Park Agency Act, any amendment or variance and all matters deemed to have a regional impact and classified as either Class A or Class B Regional Subdivisions shall be referred to the Adirondack Park Agency in accord with the provisions for the administration of an approved local land use program as set forth in Appendix E of this chapter.[1] Until such time as this part becomes part of an Adirondack Park Agency approved program, the Town will administer the Subdivision Regulations as herein provided and will notify any applicant of the need to comply with all applicable requirements of the Adirondack Park Agency Act.[2]

Enforcement. This part shall be administered by the Town Planning Board and enforced by a person hereinafter called the "Enforcement Officer," such person to be designated by the Town Board, who shall assist the Planning Board in the administration and enforcement of this part. The Planning Board and Enforcement Officer shall establish such procedures and make such inspections as are necessary to carry out their respective duties in the administration and enforcement of this part. Further, the Enforcement Officer shall prepare and submit a written record and report of all official actions, including subdivisions acted upon and permits and certificates issued or denied, to the Town Board on a monthly basis or as otherwise directed by the Town Board, with copies transmitted to the Planning Board and Board of Appeals.

Coordination with county. Upon enactment, this part shall be filed with the St. Lawrence County Clerk, and thereafter no real property deed or other instrument of property transfer will be accepted for filing with the County where such transfer was subject to and not in compliance with this part. In particular, no subdivision plat shall be filed in the office of the St. Lawrence County Clerk until it has been approved by the Planning Board, with such approval to be endorsed in writing on the plat in such manner as the Board may designate, or, in lieu of the Board having acted within the prescribed time, a certificate of submission issued by the Town Clerk. Further, the Town shall prepare and supply to the office of the County Clerk a certificate of filing, which shall denote the existence of the Town Subdivision Regulations and the requirements for compliance therewith, the completion and signature of which certificate the County Clerk shall require of any person filing a deed or other instrument of property transfer in the Town of Colton. A copy of all such completed and signed certificates of filing will be sent to the Town Clerk within five days of acceptance of any such transfer of property in the Town by the office of the St. Lawrence County Clerk.

Citizen complaint. Any resident, property owner or other person of legitimate interest may file with the Enforcement Officer a written, signed complaint against any alleged violation of this part. It shall be the duty of the Enforcement Officer to investigate such alleged violation and to report thereon to the Town Board in a timely manner, which report shall be filed and be part of the public record of the Town.

Notification and correction. Any subdivision determined to have been created or improved which does not comply with this part shall be so recorded by the Enforcement Officer and a report thereof filed with the Planning Board and Town Board. The Enforcement Officer, at the direction of the Town Board, shall give official written notice to this effect to the owner of record thereof. The owner shall initiate measures to correct such noncompliance within 30 days from the date of notification. If within this thirty-day period application is not made to initiate a process for correction and if thereafter such correction is not pursued according to an agreed-upon timetable and to the satisfaction of the Town Board, the Town Board shall instruct the Town Attorney to institute proceedings to compel compliance and assess such penalties in accord with the provisions hereinafter set forth for the violation of this part.

Violations and penalties shall be as follows:

Appeal. All appeals for relief from the application of this part in matters of interpretation or requests for variance shall be directed to the Board of Appeals, whose duties and procedure for consideration of appeal are as set forth in Appendix A of this chapter.[1] Where the Board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with this part, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of this part or the Town Plan. In granting such variances, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied.

Court review. Any person or persons, jointly or severally aggrieved by any decision of the Planning Board, Board of Appeals, Town Board, or any official instrument of the Town in the administration of this part, may have the decision reviewed in the manner provided by Article 78 of the Civil Practice Law and Rules of the State of New York, provided the proceeding is commenced within 30 days after the filing of the decision in the appropriate office of the Town. Costs shall not be allowed against the Town unless it appears to the Court that the Town or its representatives acted with gross negligence or in bad faith or with malice in making the decision appealed from.

Interpretation. Terms and words used herein are as defined in Appendix D of this chapter.[1] In their interpretation and application, the provisions of this part shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare, and only where exceptional conditions warrant, which conditions shall be fully documented, shall the responsible instrument of the Town require such additional measures as are reasonable and appropriate under the circumstances to accomplish the purposes of this part. Whenever the requirements of this part are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standard shall govern.

Severability. The invalidity of any provision of this part shall not invalidate any other provision thereof.

Invalidity. No approval, permit or certificate authorized or granted by any official instrument of the Town in contradiction to the provisions of this part shall vest any rights or interests to the recipient irrespective of any action taken or obligation incurred in reliance on such authorization, nor shall the Town be liable for same under any such invalid authorization.

Liability. Nothing in this part, including the approval and signature of any subdivision plat, shall be construed to insure or in any way guarantee any subdivision or building, structure, improvement, installation or use therein against defect, failure or other shortcoming, and the Town shall not be liable for same.

Fees. A schedule of fees for the administration of this part in consideration of an application for a minor subdivision plat, preliminary and final major subdivision plats, waiver, amendment or variance shall be as established by resolution of the Town Board.

Effective date; repealer. The Town of Colton Subdivision Regulations in this part shall become effective at the time and in the manner provided by law. The Interim Subdivision Regulations for the Town of Colton, New York, and any other existing Town ordinances, statutes, resolutions, regulations or laws in conflict with this part shall be deemed repealed upon the Subdivision Regulations effective date.

Continuation. Nothing herein, however, shall be deemed to exempt or release any prior or current subdivision from any requirements, stipulations or pending actions under any Town requirements in force and effect prior to the effective date of this part. In particular, the subdivision of land under and during the effective period of the Interim Subdivision Regulations for the Town of Colton, New York, shall be applied to and counted against the number of lots, parcels or sites which constitute a subdivision as defined under and governed by this part.