[HISTORY: Adopted by the Town Board of the Town of Onondaga
as indicated in article histories. Amendments noted where applicable.]
[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]
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.
SUBDIVISION
For the purposes of this article, the following terms shall have
the meanings indicated:
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]
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]
