Town of Onondaga, NY
Onondaga County
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[HISTORY: Adopted by the Town Board of the Town of Onondaga as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 80.
Development fee deposits — See Ch. 91.
Flood damage prevention — See Ch. 118.
Stormwater — See Ch. 249.
Streets and sidewalks — See Ch. 253.
Zoning — See Ch. 285.
[Adopted 7-5-1967 by L.L. No. 1-1967]
Prior to final approval of the Planning Board of the Town of Onondaga of any proposed tract map, a subdivider shall, in addition to all other matters or materials required to be presented or filed, also file with the Town of Onondaga Town Board the following items in form and amount satisfactory to said Town Board and its representatives:
A. 
A street and utility construction agreement with offers of cession covering the streets and utilities shown on said plat, together with certificates of insurance and, unless waived either in whole or in part by the Town Board, a construction guaranty agreement with such security (cash or equivalent, or performance bond) as may be required by said Town Board.
No such offers, agreements or security shall be required to be filed with respect to any subdivision plat given final approval prior to the effective date of this article, except as hereinafter provided:
A. 
No building permit shall hereafter be issued for any parcel or parcels shown on an approved subdivision plat within the Town of Onondaga until a street and utility construction agreement, together with offers of cession, certificates of insurance, construction guaranty agreement and security, as above provided, shall be filed with the Town Board. The area covered by said agreement shall be no less than the road frontage of said parcel or parcels for which the permit is to be issued.
B. 
If there shall be in existence at the time of enactment of this article any approved subdivision tract containing one or more parcels for which a building permit or permits have been previously issued, and if one or more of such parcels adjoin any proposed street or highway which has not been constructed and dedicated to and accepted by the Town of Onondaga, then no further construction of buildings shall be permitted, and no new building permits shall be issued for building construction upon any portion of said tract until a street and utility construction agreement, together with offers of cession, certificates of insurance, construction guaranty agreement and security, shall be filed as hereinabove provided.
A. 
Pursuant to the authority vested in the Town of Onondaga under § 268 of the Town Law of the State of New York, it is hereby declared that any person, firm, or corporation who shall fail to comply with the provisions of this article shall be guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
In addition to the above-prescribed penalties and punishment, or in lieu thereof, 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 such local law.
[Adopted 4-17-1974 by L.L. No. 1-1974]
[Amended 5-2-1983 by L.L. No. 3-1983]
No land in the Town of Onondaga shall be subdivided, no buildings, structures, roads or utilities shall be constructed and no land shall be graded, filled, stripped or otherwise disturbed except in conformance with the land subdivision regulations of the Town of Onondaga, duly adopted by the Planning Board of the Town of Onondaga and approved by the Town Board of the Town of Onondaga, and any amendments thereof.
A. 
No building permit shall be issued to any person, firm or corporation for the construction of any building upon property which has been subdivided without the approval of the Planning Board of the Town of Onondaga.
B. 
For the purposes of this article, the following terms shall have the meanings indicated:
SUBDIVISION
The division of any part, parcel or area of land by the owner or agent either by lot or by metes and bounds into lots or parcels two or more in number, for the purpose of conveyance, transference, building development or sale. A "subdivision" shall not include, however, the division of land for agricultural purposes into two or more lots, each five acres or more in area, and which does not involve the creation of a new street or highway. The term "subdivision" includes resubdivision.
A. 
Pursuant to the authority vested in the Town of Onondaga under § 268 of the Town Law of the State of New York, it is hereby declared that any person, firm, or corporation who shall fail to comply with the provisions of this article shall be guilty of an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
In addition to the above-provided penalties, or in lieu thereof, 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, to remedy or to restrain by injunction the violation of such local law.
[Amended 5-2-1983 by L.L. No. 3-1983]