This chapter shall be known and may be cited as the "Town of Owasco Subdivision Regulations." Subdivisions within the Town of Owasco shall be designed and submitted for approval in compliance with the standards and procedures set forth herein.
This chapter is adopted for the following purposes:
A. 
To protect and provide for the public health, safety and general welfare.
B. 
To guide the future growth and development in accordance with established standards and sound planning principles.
C. 
To secure safety from fire, flood and other danger and to prevent overcrowding of the land and undue congestion of population.
D. 
To protect the character and the social and economic stability and to encourage orderly and beneficial development.
E. 
To protect and conserve the value of land, buildings and improvements and to minimize conflicts among the uses of land and buildings.
F. 
To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities.
G. 
To provide the most beneficial relationship between land and buildings and the circulation of traffic, having particular regard to the avoidance of congestion in streets, highways and pedestrian traffic.
H. 
To establish design standards and procedures for subdivisions and resubdivisions and to ensure proper legal descriptions and monumenting of subdivided land.
I. 
To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
J. 
To preserve the natural beauty and topography of the Town of Owasco and to ensure appropriate development with regard especially to environmentally sensitive areas.
K. 
To provide for open spaces by means of design layout of the land, including clustering to provide minimum width and area of lots, while preserving land density as established in Chapter 150, Zoning, of the Code of the Town of Owasco.
A. 
Approval of plats. By the authority of the resolution of the Town Board of the Town of Owasco adopted on September 12, 1977, pursuant to the provisions of §§ 276, 277, 278 and 279 of Town Law of the State of New York, the Town Planning Board of the Town of Owasco shall be authorized and empowered to review and approve plats, lots, blocks or sites within the Town of Owasco, including entirely or partially undeveloped plats already filed in the office of the Cayuga County Clerk.
B. 
Authority to approve cluster development. The Town Planning Board of the Town of Owasco is further authorized to approve cluster development simultaneously with the approval of a plat or plats and to modify area requirements specified in Chapter 150, Zoning, in accord with § 278 of the Town Law of the State of New York.
C. 
Authority to require a reservation land or a fee for recreational use. The Town Planning Board of the Town of Owasco is further authorized simultaneously with the approval of a plat or plats to require the subdivider to pay a fee for recreational development or reserve open space for parks, playgrounds or other recreational purposes in lieu of a monetary payment in accord with the provisions of § 126-17 of Article IV of this chapter.
If any part or provision of this chapter or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in all controversy in which such 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 Owasco Town Board hereby declares that it would have enacted the remainder of this chapter even without any such part, provision or application.
A. 
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
B. 
Conflict with public and private provisions
(1) 
Public provisions. This chapter is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(2) 
Private provisions. This chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this chapter shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of this chapter or the determinations of the Town Planning Board of the Town of Owasco in approving a subdivision or in enforcing this chapter and such private provisions are not inconsistent with this chapter or determinations thereunder, then such private provisions shall be operative and supplemental to this chapter and determinations made thereunder.
This chapter shall not be construed as abating any action now pending under or by virtue of prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the municipality under any section or provision existing at the time of adoption of this chapter or as vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the municipality except as shall be expressly provided for in this chapter.
In order that land may be subdivided in accordance with the foregoing purposes and policies, these subdivision regulations are hereby adopted.
A. 
General enforcement.
(1) 
It shall be the duty of the Code Enforcement Officer to enforce this chapter and to bring to the attention of the Town Supervisor any violations or lack of compliance herewith.
(2) 
Once a subdivision has been proposed, no lot within such proposed subdivision shall be transferred or sold before the final subdivision plat has been duly filed in the office of the Cayuga County Clerk.
(3) 
The subdivisions of any lot or any parcel of land by the use of metes and bounds descriptions for the purpose of sale, transfer or lease with the intent of evading this chapter shall not be permitted.
B. 
Violations. Any person, firm, company or corporation who fails to comply with or violates any of this chapter shall be guilty of an offense and subject to the penalties of that offense or offenses.
C. 
Penalties. Any person, firm, company or corporation which neglects or refuses to do any act required by this chapter shall be guilty of an offense and shall be subject to a fine not to exceed $50 for each violation and, if an individual person, shall be subject to imprisonment not to exceed 15 days. Each week that such violation, disobedience, omission, neglect or refusal continues or arises shall be deemed a separate offense.
D. 
Civil enforcement. Appropriate actions and proceeding may be taken by law or in equity proceedings to prevent any violation of this chapter, to prevent unlawful constructions, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addition to the penalties described above. Consequently, the Town Board may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.