1.1.1 This Law is adopted under the authority of the Town of Lumberland by the New York State Town Law, Municipal Home Rule Law and the State Environmental Quality Review Act.

1.1.2 The Town of Lumberland Planning Board shall be authorized and empowered to approve preliminary and final plans of subdivisions showing lots, blocks, or sites, with or without streets or highways, within the Town of Lumberland, pursuant to § 276 of the Town Law.

1.1.3 The Planning Board shall also be authorized and empowered, to approve the development of those plans, filed in the office of the County Clerk prior to January 8, 1971 where twenty percent or more of the lots are unimproved unless existing conditions such as poor drainage have prevented their development.

1.1.4 The Planning Board shall be further authorized and empowered, pursuant to  § 278 of the Town Law and simultaneously with the approval of a plat or plats, to modify applicable provisions of the Town of Lumberland Zoning Law, subject to the conditions set forth in § 278 and later herein.

1.2.1 Promoting the orderly growth and development of the Town in accordance with the Town of Lumberland's Comprehensive Plan and consistent with its Zoning Law.

1.2.2 Affording adequate facilities for the housing, transportation, distribution, comfort, convenience, health and safety of Town residents.

1.2.3 Minimizing foreseeable maintenance and improvement problems as well as economic burdens associated with development of land.

1.2.4 Conserving the Town's natural resources and protecting its attractive environment so as to maintain property value and otherwise provide for the general welfare of residents of the Town of Lumberland.

1.3.1 Regardless whether or not any formal conveyance be metes and bounds shall be made, when any subdivision or land is proposed and before and offer is made to sell any part or all of a subdivision and before any permit for the erection of any structures in such subdivision shall be issued or any grading, clearing, construction, or other improvements shall be undertaken, the subdivider or his authorized agent shall first obtain the appropriate approval of the proposed subdivision in accordance with the requirements of this Law.

1.3.2 It shall further be the obligation of each prospective purchaser or developer 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.

1.3.3 The regulations of this Law shall not apply to lot improvements as defined herein (see § 3.7).  The Planning Board shall be authorized, when requested and for legal recording purposes, to indicate in writing on any qualifying plat presented that "These plans are acknowledged by the Town of Lumberland, and for recording purposes only, to represent an exempt lot improvement in accord with Section 3.7 of the Town of Lumberland Subdivision Regulations.  No subdivision approval is required or given."  No plat so submitted, however, shall indicate that a subdivision is being created or approved through action of the Planning Board.

1.3.4 The regulations of this Law shall not apply to subdivisions of land which occur by virtue of the bisecting of a single existing parcel by an existing public road.  Any lots created by the development of a new road or the subdivision of parcels laying on one side of an existing road, however, shall be required to comply with these regulations.

1.4.1 The provisions of this Law, in their interpretation and application, shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

1.4.2 This Law is not intended to interfere with, abrogate, or annul any other law, rule or regulation statute or provision of law.  Where any of the provisions of these regulations impose restrictions different than any other law, rule

1.4.3 If any part or provision of these regulations is judged invalid by any court or competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Law or the application thereof to other persons or circumstances.  The town hereby declares that it would have enacted the remainder of these regulations even without such part or provision or application.

1.5.1 Applications for waivers of standards or procedures shall ordinarily be submitted in writing by the subdivider at the time the preliminary plat is filed.  The application shall state fully the grounds on which it is made.

1.5.2 The Planning Board may, by resolution, authorize a waiver or modification of the regulations of this law when, in its opinion, unreasonable hardship will result from strict compliance.

1.5.3 Waiver applications shall, in those instances where the Planning Board determines they could, if granted, have an impact on adjoining properties, be subjected to a public hearing at the applicant's expense.

1.5.4 Any resolution by the Planning Board authorizing a waiver of these regulations shall include a basis for its findings that unreasonable hardship will result from strict compliance with this Law.

1.5.5 In authorizing a waiver, the Planning Board shall attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of these regulations.  No waiver shall be granted which would substantially change the character of an area or compromise the purposes of these regulations.

1.7.1 Any person who shall lay out, construct or open any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel, or other purpose or for the common use of occupants of buildings located or abutting thereon, or who sells, transfers, rents, leases, conveys, by other means, or agrees or enters into an agreement to do the same with any land in a subdivision, unless and until a final plat has be prepared, approved and recorded in full compliance with the provisions of this Law, shall be deemed to have committed an offense against this Law and shall be liable for such violation.

1.7.2 Any person violating this Law shall, upon being found liable or guilty in either a criminal or a civil proceeding, be subject to a fine not exceeding three hundred fifty dollars ($350) per lot, parcel or dwelling.  Such person shall also be subject to imprisonment for up to six (6) months if found guilty in a criminal proceeding.  All fines collected for such violations shall be paid over to the Town of Lumberland.

1.7.3 Each day that a violation continues shall be a separate violation, but nothing herein shall require the Town to post separate notice each day that a violation continues.

1.7.4 The description be metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

1.7.5 The Town shall be authorized to initiate and maintain a civil action to obtain a writ of injunction against subdividers who attempt the improper sale, lease, or conveyance of land, or so set aside and invalidate any conveyance of land made prior to Town approval.  It shall take other action as necessary to prevent or remedy any violation.