These regulations shall officially be known, cited, and referred to as the Subdivision Regulations of the City of Oneida (hereinafter "these regulations").
A. 
It is declared to be the policy of the City of Oneida to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City of Oneida pursuant to the official Comprehensive Plan of the City of Oneida for the orderly, planned, efficient, and economical development of the City of Oneida.
B. 
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 menace, and land shall not be subdivided until adequate public facilities and improvements exist and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks, recreational facilities, transportation facilities, and improvements.
C. 
The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the Comprehensive Plan, Official Map, and the capital budget and program of the City of Oneida, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, zoning ordinances,[1] the Comprehensive Plan, Official Map and land use plan, and the capital budget and program of the City of Oneida.
[1]
Editor's Note: See Ch. 33, Building Code Administration and Enforcement; Ch. 77, Housing Standards; and Ch. 190, Zoning.
D. 
Land that has been subdivided prior to the effective date of these regulations should, whenever possible, be brought within the scope of these regulations to further the purposes of regulation(s) identified in § 155-3.
These regulations are adopted for the following purposes:
A. 
To protect and provide for the public health, safety, and general welfare of the City of Oneida.
B. 
To guide the future growth and development of the City of Oneida in accordance with the Comprehensive Plan.
C. 
To provide for adequate light, air, and privacy, 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 of all parts of the City of Oneida and to encourage the orderly and beneficial development of the community through appropriate growth management techniques assuring the timing and sequencing of development, promotion of infill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas, to protect environmentally critical areas and areas premature for urban development.
E. 
To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City of Oneida, having particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.
F. 
To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table, and to encourage the wise use and management of natural resources throughout the City of Oneida in order to preserve the integrity, stability, and beauty of the community and the value of the land.
G. 
To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in Chapter 190, Zoning, of the Code of the City of Oneida.
[Amended 11-8-2017 by L.L. No. 5-2017]
The Joint Zoning Board of Appeals/Planning Commission of the City of Oneida (hereinafter "Joint Zoning Board of Appeals/Planning Commission") is vested with the authority to review, approve, conditionally approve and disapprove applications for the subdivision of land, including sketch, preliminary, and final plats. The Joint Zoning Board of Appeals/Planning Commission may grant variances from these regulations pursuant to the provisions of § 155-12.
A. 
These regulations apply to all subdivision of land, as defined in Article II, located within the corporate limits of the City of Oneida or outside the corporate limits as provided by law.
B. 
No land may be subdivided through the use of any legal description other than with reference to a plat approved by the Joint Zoning Board of Appeals/Planning Commission in accordance with these regulations.
[Amended 11-8-2017 by L.L. No. 5-2017]
C. 
No land described in this section shall be subdivided or sold, leased, transferred or developed until each of the following conditions has occurred in accordance with these regulations:
(1) 
The subdivider or his agent has submitted a conforming sketch plat of the subdivision to the Director of Planning; and
(2) 
The subdivider or his agent has obtained approval of the sketch plat, a preliminary plat when required, and a final plat from the Joint Zoning Board of Appeals/Planning Commission; and
[Amended 11-8-2017 by L.L. No. 5-2017]
(3) 
The subdivider or his agent has obtained the required approvals from the Madison County Department of Health and/or the New York State Department of Environmental Conservation, pursuant to water supply and sewage disposal. The subdivider or his agent should refer to New York State Rules and Regulations (NYCRR), Part 74 of 10 NYCRR; Part 902 of 9 NYCRR, and Part 903 of 9 NYCRR.
(4) 
No building permit or certificate of occupancy shall be issued for any parcel or plat of land created by subdivision after the effective date of, and not in substantial conformity with, the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
[Amended 11-8-2017 by L.L. No. 5-2017]
In order that land may be subdivided in accordance with these purposes and policies, these subdivision regulations are hereby adopted and made effective as of January 1, 1998. All applications for subdivision approval, including final plats, pending on the effective date of these regulations shall be reviewed under these regulations except that these regulations will not apply if preliminary plat approval was obtained prior to the effective date of these regulations, unless the Joint Zoning Board of Appeals/Planning Commission determines on the record that application of these regulations is necessary to avoid a substantial risk of injury to public health, safety, and general welfare.
A. 
Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
B. 
Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.
C. 
Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive or standards that are higher than the requirements of these regulations, or the determinations of the Joint Zoning Board of Appeals/Planning Commission in approving a subdivision or in enforcing these regulations, and the private provisions are not inconsistent with these regulations, then the private provisions shall be operative and supplemental to these regulations and the determinations made under the regulations.
[Amended 11-8-2017 by L.L. No. 5-2017]
These regulations 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 City of Oneida under any section or provision existing at the time of adoption of these regulations, 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 these regulations.
Upon the adoption of these regulations according to law, the Subdivision Regulations of the City of Oneida adopted July 5, 1978, as amended, are hereby repealed, except as to those sections expressly retained in these regulations.
[Amended 11-8-2017 by L.L. No. 5-2017]
For the purpose of protecting the public health, safety, and general welfare, the Joint Zoning Board of Appeals/Planning Commission may from time to time propose amendments to these regulations which shall then be approved or disapproved by the Common Council at a public meeting following public notice.
[Amended 11-8-2017 by L.L. No. 5-2017]
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to this municipality. The developer has the duty of compliance with reasonable conditions laid down by the Joint Zoning Board of Appeals/Planning Commission for design, dedication, improvement, and restrictive use of the land to conform to the physical and economic development of the municipality and to the health, safety, and general welfare of the future lot owners in the subdivision and of the community at large.
[Amended 11-8-2017 by L.L. No. 5-2017]
A. 
General. Where the Joint Zoning Board of Appeals/Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, exceptions, and waiver of conditions to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that the variance, exception, or waiver conditions shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Joint Zoning Board of Appeals/Planning Commission shall not approve variances, exceptions, and waiver of conditions unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) 
The granting of the waiver of conditions will not be detrimental to the public safety, health, or welfare or injurious to other property.
(2) 
The relief sought will not in any manner vary the provisions of Chapter 190, Zoning, Comprehensive Plan, or Official Map, except that those documents may be amended in the manner prescribed by law.
B. 
Conditions. In approving waivers of conditions, the Joint Zoning Board of Appeals/Planning Commission may require such conditions as will, in its judgment, secure substantially the purpose described in § 155-3.
C. 
Procedures. A petition for a waiver of conditions shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Joint Zoning Board of Appeals/Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
A. 
General.
(1) 
It shall be the duty of the Director of Planning to enforce these requirements and to bring to the attention of the City Attorney or his designated agent any violations of these regulations.
(2) 
No owner, or agent of the owner, of any parcel of the land located in a proposed subdivision shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved by the Joint Zoning Board of Appeals/Planning Commission in accordance with the provisions of the regulations and filed with the Clerk and Recorder of Madison County.
[Amended 11-8-2017 by L.L. No. 5-2017]
(3) 
The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease, or development is prohibited, unless the lot or parcel is also identified by the lot or parcel number shown on the filed plat.
(4) 
No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations, nor shall the municipality have any obligation to issue certificates of occupancy or to extend utility services to any parcel created in violation of these regulations.
B. 
Violations and penalties. Any person who violates any of these regulations shall be subject to a fine of not more than $250 or imprisonment for a term not exceeding 15 days or both, such fine and imprisonment pursuant to the provisions of the Penal Law of the State of New York. Each day that the violation continues shall constitute a separate and punishable offense.
C. 
Civil enforcement. Appropriate sections and proceedings may be taken in law or in equity to prevent any violation of these regulations, to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described above.