Protect and provide for the public health, safety, and general welfare.

Guide future growth and development in accordance with established standards and sound planning principles.

Secure safety from fire, flood, and other danger and to prevent overcrowding of the land and undue congestion of population.

Protect and conserve the value of land, buildings, and improvements and to minimize conflicts among the uses of land and buildings.

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.

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.

Establish design standards and procedures for subdivisions and re-subdivisions and to ensure proper legal descriptions and monumenting of subdivided land.

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 Article XIII, Dimensional Requirements.

To review application requirements.

To identify any Environmental Overlay Protection Districts on the property or any potential environmentally sensitive areas.

To discuss preliminary design of the project.

To review the cluster development option, per the provisions of § 150-123 of this article and pursuant to § 278 of the New York State Town Law. The Planning Board reserves the right to require clustering to protect environmentally sensitive areas or to preserve open space.

To set a probable timetable for review.

To review Town policies and regulations concerning development.

The location of that portion which is to be subdivided in relation to the entire tract, and the distance to the nearest existing street intersection.

All existing structures, wooded areas, streams, wetlands, flood hazard areas, and other significant physical features within the portion to be subdivided and within 200 feet thereof.

If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.

The tax map, block, and lot numbers of all lots shown on the plat.

The names of the owner(s) and of all adjoining property owners as disclosed by the current tax roll.

All the utilities available and all streets as they appear on the official map.

The proposed pattern of lots (with dimensions), street layout, recreation areas, systems of drainage, sewerage, and water supply within the subdivided area.

All existing restrictions on the use of land, including easements, covenants, and zoning district boundary lines.

Lot line adjustment: A one-meeting process that requires the review and approval of the Code Enforcement Officer.

Minor subdivision: A two-meeting process that requires the review and approval by the Planning Board and completion of an environmental review. The Planning Board may require a public hearing during the second step if considered desirable.

Major subdivision: A three-meeting process that requires review and approval by the Planning Board of both a preliminary subdivision plat and a final subdivision plat, and an environmental review. Major subdivision review require at least one public hearing.

Forms. All application forms are available from the Town Clerk.

Fees. All applications for subdivision approval shall be accompanied by a fee established by resolution of the Town Board of Owasco and may be amended from time to time by resolution of said Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.

Environmental review. The environmental review is conducted to determine if the project, as proposed, would result in any significant adverse environmental impacts and to identify design modifications that would avoid or mitigate the potential adverse environmental impacts identified. Unless overriding circumstances exist, the Planning Board shall serve as the lead agency for conducting the environmental review on all subdivision proposals.

The Planning Board will review the minor subdivision plat taking into account staff reports, comments from the chosen engineer, and involved and interested agencies to which the plat was referred. The Planning Board then may refer the applicant to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

A complete application form.

At least four copies of the minor subdivision plat.

Supplemental information as required, including SEQR documents.

The application fee established by resolution of the Town Board of Owasco and may be amended from time to time by resolution of the Town Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.

A copy of such covenants or deed restrictions that are intended to cover all or part of the tract.

An actual field survey of the boundary lines of the tract, giving the complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corner of each tract shall also be located on the ground and marked with an approved pin, pipe, or monument and shall be referred to and shown on the plat.

The proposed lot lines with the approximate dimensions and area of each lot.

All on-site sanitation and water supply facilities (if any) shall be designed to meet the specifications of the Cayuga County Health Department; approval shall be stated on the plat and signed by an officer of the Cayuga County Health Department.

The proposed subdivision name (if any), and the names of the Town (Owasco) and County (Cayuga) in which it is located.

The date, a true-north arrow, the map scale, and the names, addresses, and phone numbers of all owners of record and the applicant.

The minor subdivision plat shall be a clear, legible reproduction that meets the standards for filing with the Cayuga County Clerk as prescribed by law.

Compliant with all requirements as specified in Article XV and all other applicable local laws of the Town of Owasco governing stormwater runoff management.

The Planning Board shall, within 62 calendar days of the date of the public hearing or submission of required materials if no public hearing required, act to either conditionally approve, conditionally approve with modification, disapprove, or grant final approval to and authorize the signing of the final subdivision plat by the Planning Board Chair. This time may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the plat.

Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower the Planning Board Chair to sign the plat upon compliance with such conditions and requirements as may be stated in the Planning Board's resolution of conditional approval.

Within five business days of the resolution granting conditional approval, the plat shall be certified by the Planning Board Chair as conditionally approved; a copy shall be filed in the Town Clerk's office; and a certified copy shall be mailed to the applicant. The copy mailed to the applicant shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved plat.

Upon completion of the requirements in the resolution of approval, the plat shall be signed by the Planning Board Chair. Conditional approval of the plat shall expire 180 calendar days after the date of the resolution granting such approval. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances. Such extension is not to exceed two additional periods of 90 calendar days each.

Environmental review. The environmental review is conducted to determine if the project, as proposed, would result in any significant adverse environmental impacts and to identify design modifications that would avoid or mitigate the potential adverse environmental impacts identified. Unless overriding circumstances exist, the Planning Board shall serve as the lead agency for conducting the environmental review on all subdivision proposals.

The Planning Board will review the major subdivision preliminary plat taking into account staff reports, comments from the chosen engineer, and involved and interested agencies to which the plat was referred. The Planning Board then may refer the applicant to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

A complete application form, at least nine copies of the major subdivision plat printed full size, one copy of the major subdivision plat printed on 11"x17" paper, and a digital copy in .pdf format. The applicant may be required to submit additional copies of the application if the Planning Board determines that other officials, agencies, or consultants need to be informed about the project.

All copies of the preliminary plat shall be clearly marked with the words "Preliminary Subdivision Plat." The preliminary plat shall, in all respects, comply with the requirements set forth in the provision of the New York State Town Law Article 16, § 276, except where a waiver may be specifically authorized by the Planning Board.

All documents showing construction details of proposed improvements, any supporting materials or engineering reports, and a completed Environmental Assessment Form or, if required, a draft environmental impact statement.

The application fee established by resolution of the Town Board of Owasco and may be amended from time to time by resolution of the Town Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.

The proposed subdivision name; the names of the Town (Owasco) and County (Cayuga) in which it is located; the date; a true-north arrow; the map scale; and the names, addresses, and phone numbers of all owners of record, the applicant, and the architect, engineer, or surveyor including license number(s) and seal(s).

The names of the owners of record of all adjoining properties.

The Zoning District, including exact boundary of districts, where applicable.

All parcels of land proposed to be dedicated to public use and the condition of such dedication.

The locations of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, and wooded areas.

The locations of existing sewers, water mains, culverts, and drains on the property, with pipe sizes, grades, and direction of flow.

Contours with intervals of 10 feet or less as required by the Planning Board, including elevations on existing roads, and an approximate grading plan if natural contours are to be changed more than two feet.

The width and location of any streets or public ways or places shown on the Official Map of the Town of Owasco within the area to be subdivided, and the width, location, grades, and street profiles of all streets or public ways proposed by the developer.

The approximate location and size of all proposed water lines, valves, hydrants, sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in standards established by the Cayuga County Health Department. Profiles of all proposed water and sewer lines shall also be shown.

All requirements as specified in local laws of the Town of Owasco governing stormwater runoff; a stormwater management plan indicating the approximate location, construction, and size of swales; and proposed lines and their profiles.

Plans and cross-sections showing the proposed new location and types of sidewalks, street lighting standards, street trees, curbs, water mains, and storm drains, and the size and type thereof.

Preliminary designs of any bridges or culverts which may be required.

The proposed lot lines with the approximate dimensions and area of each lot.

Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width, and which shall provide satisfactory access to an existing public highway or other public open space shown on the subdivision or the Official Map.

An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked with an approved pin or monument as approved by the Planning Board, and shall be referred to and shown on the plat.

If the application covers only a part of the applicant's holding, a map of the entire tract shall be submitted so that the part of the applicant's holding covered in the application can be considered in the light of the entire holding. This map shall be drawn at a scale of one inch equals two hundred feet (1" = 200') and shall show an outline of the platted area with its proposed streets, and an indication of any probable future street system with its grads and drainage in the remaining portion of the tract, and any probable future drainage layout of the entire tract.

A copy of any covenants or deed restrictions that are intended to cover all or part of the tract.

Within 62 calendar days of the date of the public hearing, the Planning Board shall approve with or without modification, or disapprove the preliminary plat; and the grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by written mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the preliminary plat.

Conditional approval of preliminary plat. When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to:

Effect of approval of preliminary plat. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. When approving a preliminary plat, the Planning Board shall state in writing the modifications, if any, it deems necessary for submission of the plat in final form. Within five business days of the approval of such preliminary plat, it shall be certified by the Planning Board Chair as having been granted preliminary approval and a copy shall be filed with the Town Clerk, a certified copy shall be mailed to the owner, and a copy shall be forwarded to the Town Board. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.

Important considerations may include but are not limited to:

Submission of application. Within six months after the approval of a preliminary plat, the applicant shall submit an application for approval of a final subdivision plat in final form. If the final subdivision plat is not submitted for approval within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final subdivision plat and required resubmission of the preliminary plat. Applications shall be submitted to the Code Enforcement Officer at least two weeks in advance of the next regularly scheduled Planning Board meeting and shall include:

Endorsement of state and county agencies. Applications for approval of plans for sewer and water facilities shall be filed by the applicant with all necessary Town, county, and state agencies. Endorsement and approval by said agencies shall be secured by the applicant prior to official submission of the final major subdivision plat for approval by the Planning Board.

Full cost check or bond. In an amount set by the Planning Board, the applicant shall either file with the Town Clerk a certified check to cover the full cost of the required improvements, or the applicant shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of the New York State Town Law Article 6, § 277, and further shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. A period of one year, or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond as the time within which required improvements must be completed.

Check or bond for completion. The applicant shall complete all required improvements to the satisfaction of the Code Enforcement Officer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the applicant shall file with the Town Clerk a bond or certified check covering the costs of such improvements. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety.

Prescribed time for action. The Planning Board shall, within 62 calendar days of the date of the public hearing or submission of required materials if no public hearing required, act to either conditionally approve with or without modification, disapprove, or grant final approval to and authorize the signing of the final major subdivision plat by the Planning Board Chair. This time may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the plat.

Conditional approval. Upon resolution of conditional approval of a final major subdivision plat, the Planning Board shall empower the Planning Board Chair to sign the plat upon completion of such requirements as may be stated in the resolution. Within five business days of such resolution, the final major subdivision plat shall be certified by the Planning Board Chair as conditionally approved, and a copy filed in the Town Clerk's office, and a certified copy mailed to the applicant. The copy mailed to the applicant shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved final major subdivision plat.

Within five business days of the resolution granting conditional approval, the plat shall be certified by the Planning Board Chair as conditionally approved; a copy shall be filed in the Town Clerk's office; and a certified copy shall be mailed to the applicant. The copy mailed to the applicant shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved plat. The approved final major subdivision plat shall also be signed by the Cayuga County Health Department and the Cayuga County Real Property office before it may be recorded with the Cayuga County Clerk.

Prompt filing. Any final major subdivision plat that is not filed or recorded within 30 calendar days of the date upon which the final major subdivision plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.

Copies of the recorded final major subdivision plat submitted to the Town. The applicant shall provide the Town Clerk with three paper copies printed full size and a digital copy in .pdf format of the fully endorsed and recorded final major subdivision plat within 30 calendar days of approval and signature by the Planning Board Chair. If the required paper and digital copies of the recorded final major subdivision plat have not been submitted within the designated 30 calendar days, the Code Enforcement Officer will not review or issue a building permit until the Town has received the appropriate copies of the recorded final major subdivision plat.

Plat void if altered after approval. No changes, erasures, modifications, or revisions shall be made in a final major subdivision plat after approval has been granted by the Planning Board and endorsed in writing on the final major subdivision plat, unless such plat is first resubmitted to the Planning Board and approval of any modifications is granted. In the event that any such final major subdivision plat is recorded without complying with this requirement, it shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

Expiration of approval. Conditional approval of a final major subdivision plat shall expire 180 calendar days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board, however, may extend the time within which a conditionally approved final major subdivision plat may be submitted for signature, if in its opinion such extension is warranted by the circumstances. Such extension is not to exceed two additional periods of 90 calendar days each.

The creative use of land so as to establish a more desirable living environment than would be possible through the strict application of certain Town zoning standards.

The preservation of surface water, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography, and glaciated features. Other areas to be preserved include areas of scenic and ecological value, including open spaces and other environmentally sensitive areas.

To prevent soil erosion, minimize negative environmental impacts, and control development in flood hazard areas.

To encourage innovation through flexibility in design and layout of residential housing consistent with the intent of this article by permitting housing units to be clustered without increasing overall site density.

To permit housing developments that reflect the legislative intent of § 278 of the New York State Town Law.

To create a housing development that is in harmony with the character of the area and the environmental sensitivities of the sites.

A cluster development shall result in a permitted number of building lots or dwelling units (lot yield) which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the zoning regulations applicable to the district or districts in which such land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more contiguous districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts, and may authorize actual construction to take place in all or any portion of one or more of such districts.

As a condition of plat approval, the Planning Board may establish such conditions on the ownership, use, and maintenance of such open lands shown on the plat as it deems necessary to ensure the preservation of the natural and scenic qualities of such open lands. The Town Board of Owasco may require that such conditions shall be approved by the Town Board prior to the plat being approved for filing.

The plat showing the clustered development may include areas within which structures may be located, the heigh and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways, and any other features required by the Planning Board. The dwelling units permitted may, at the discretion of the Planning Board, be in detached, semi-attached, attached, or multistory structures.

Intent. Because open spaces are an inherent part of clustered developments, the Town must take special measures for the protection and regulation of these areas and to provide for a system of their permanent maintenance.

Submission requirements. At the sketch plan stage, the developer shall submit a detailed proposal for maintenance of common lands and/or open spaces. The Planning Board may approve or approve with conditions any plans for maintenance of common areas and/or open spaces. Any conditions imposed for maintenance of common lands and/or open spaces shall become part of the conditions for final plat approval.

Dedication of lands. If the common lands and/or open spaces are to be offered for dedication to the Town, the Planning Board shall refer such offers and related details to the Town Board for the necessary action prior to final plat approval.

Property owners' association. If common lands and/or open spaces are not to be dedicated to the Town, the applicant must create a property owners' association and receive approval of the Office of the New York State Attorney General pursuant to state law.

In the case of single ownership of the clustered development by a sole owner, partnership, corporation, or other legal means, deed restrictions protecting common lands and/or open spaces from further development may be submitted to the Town Attorney for review and to the Planning Board for acceptance.

Any alternative methods for protection and preservation of common lands and/or open spaces shall be submitted at the sketch plan stage to the Planning Board for review and approval. All alternative proposals shall be submitted to the Town Attorney for review and comment. The Planning Board may require any additional information it deems necessary to conduct an adequate review of the alternative proposals.

Notice and public hearing. The proposed clustered development shall be subject to review at a Public Hearing or hearings held pursuant to the requirements for major subdivision approval.

Filing of plat. Upon the filing of the plat in the Office of the Cayuga County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map required to be maintained pursuant to § 264 of the New York State Town Law.

Effect. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in this chapter or any local law applicable to such lands.

Character of land. 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, erosion, drainage, or other menace to neighboring properties or the public health, safety, and welfare. Improvements are intended to preserve, to the greatest extent possible, the natural features of the land to make the subdivision an attractive and desirable place to live.

Character of the development. The Planning Board shall take into consideration the prospective character of the development, whether dense residential, open residential, business, or industrial.

Conformity with the town of owasco official map and comprehensive plan. Subdivisions shall conform to the Official Map of the Town of Owasco and shall be in harmony with the Town of Owasco Comprehensive Plan.

Provision of services. The improvements listed herein are necessary to ensure that all lots in subdivisions are adequately and properly served with utilities, sanitation facilities which provide for a healthy and safe environment, and other safeguards which ensure property is properly identified, and accessible to pedestrians and to vehicles.

Specifications for required road improvements. Specifications and consultation may be obtained from the Town Highway Superintendent.

Design and construction standards. All improvements shall be constructed or installed in conformance to specifications set forth in the Design and Construction Standards for Land Development in the Town of Owasco. (Note: The "Design and Construction Standards for Land Development in the Town of Owasco" are on file in the Town offices.)

Trees. To the fullest extent practicable, all existing trees and shrubbery shall be preserved by the applicant and the subdivision should be designed with consideration being given to the preservation of natural features. Precautions shall be taken during the process of grading the lots and roads. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the applicant shall not remove any trees from the site without written Planning Board approval.

Forest stands. Major subdivision applications that contain forest stands that encompass five or more contiguous acres shall submit a Tree Preservation Plan, prepared by a consulting forester or NYSDEC forester, that will retain at least 75% of the original forest stand measured by canopy square footage. The Tree Preservation Plan shall, at a minimum, include the following:

Surface water. Where a subdivision is traversed by natural surface water, the boundaries and alignment of the body of water shall be preserved unless the Planning Board finds that a change would be ecologically sound and would enhance the development and beauty of the project. All proposed changes within the boundaries of bodies of water shall be designed and approved in accordance with Article 15 of the New York State Environmental Conservation Law.

Watercourse. Where a watercourse separates a proposed road from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Highway Superintendent or an Engineer designated to the project by the Town. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Highway Superintendent or an Engineer designated to the project by the Town, which in no case shall be less than 20 feet in width.

Other features. Every effort shall be taken by the applicant in designing a project to preserve unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookout, desirable natural contours, and similar natural features.

Water distribution. A system of transmitting potable water to the subdivision and appurtenances in adequate amount for the normal use of each lot in the proposed subdivision shall be required. Two systems of water distribution are possible:

Sanitary sewer systems. Sanitary sewage is the combination of human and household waste with water. These sewer systems are used to dispose of sanitary sewage from individual lots in a subdivision. Two types of sanitary sewer systems are permitted:

Drainage systems. An adequate and comprehensive system of conveying stormwater runoff shall be provided in accordance with the natural direction of runoff for the total upland watershed area affecting the subdivision. These systems shall conform to the Design and Construction Standards for Land Development in the Town of Owasco as well as meet the following criteria:

Easements.

Inspection of utility improvements. The installation of utility improvements shall be subject to inspection at all stages by representatives of the Town of Owasco. For this purpose, free access shall be afforded and requested information shall be promptly submitted. The cost of such inspection shall be approved by the Engineer designated to the project by the Town and included in the value of the surety for the project.

Erosion control. Erosion and sedimentation control measures shall conform to the Design and Construction Standards for Land Development in the Town of Owasco as well as meet the following criteria:

Landscaping. All lots which are disturbed during the course of construction and which are not covered by structures or paving shall be properly landscaped by the developer through contouring and decorative planting.

Street signs. Permanent street signs of the same type and design in general use throughout the Town, showing the names of intersecting streets, shall be erected at each intersection. Signs at private road intersections shall contain the designation "drive."

Monuments. Permanent reference monuments shall be set at critical corners and angle points of the boundaries within the subdivision. Generally, critical corners and angle points shall be deemed to mean boundary corners and angle points in the boundaries of the parcel being subdivided and in street right-of-way boundaries at all street intersections. Variations to this general rule shall be permitted with Planning Board approval. Requests for deviations from shall be made prior to preliminary plat approval. Agreements on monumentation shall be incorporated into the final subdivision plat.

Roads and streets. All dedicated roads and streets shall be constructed to conform to the Design and Construction Standards for Land Development in the Town of Owasco. Such roads and streets shall be coordinated so as to:

Sidewalks. The policy of the Town of Owasco is to encourage the building of sidewalks wherever needed. The need for sidewalks in major subdivisions shall be determined by the opinion of the Planning Board. Location of sidewalks generally shall be within the road right-of-way and/or pedestrian access easements. Sidewalks shall conform to the Design and Construction Standards for Land Development in the Town of Owasco.

Before the Planning Board may approve a final subdivision plat containing residential units, such plat shall also show a park or parks suitably located for playground or other recreational purposes when, in the opinions of the Planning Board, it is deemed reasonable and appropriate. Land for park, playground, or other recreational purposes shall be deemed reasonable and appropriate when the Planning Board has made a finding that a proper case exists for requiring these improvements. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision will contribute and/or related to the expressed goals and recommendations of the Town's Comprehensive Plan.

In the event that the Planning Board makes a finding pursuant to § 150-142E(2) above that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board of Owasco. In making such a determination of suitability, the Town Board of Owasco shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for a park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Town in lieu of land for park, playground, or other recreational purposes, pursuant to the provisions of this article, shall be deposited into a trust fund to be used by the Town exclusively for the proper park, playground, or other recreational purposes, including the acquisition of property. Recreation fees shall be expended at the discretion of the Town Board of Owasco.

The County Legislature, if the installation is to be made in an area included in a central fire alarm system established pursuant to Paragraph (h) of the Subdivision 1 of § 225 of New York State County Law; or

The Town Board of Owasco in any other case unless the installation is to be made in a Fire District in a Town in which no central fire alarm system has been established pursuant to Subdivision 11-c of § 64 of the New York State Town Law, in which case only the approval of the Board of Fire Commissioners of such Fire District shall be necessary. Required installations of fire alarm signal devices, including necessary connecting facilities, shall be made in accordance with standards, specifications, and procedures acceptable to the appropriate board.

Lots shall be buildable. The lot arrangement shall be such that in constructing a building in compliance with the zoning regulations contained herein, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots approved in a subdivision plat cannot be further divided.

Side lines. All side lines of lots shall be at right angles to straight road lines and radial to curved road lines, unless a variance from this regulation will provide for a better road or lot plan.

Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site, and to avoid obstruction of free visibility at the road intersection.

Flag lots. Flag lot development shall not be permitted, except where such development is the only reasonable development option, and shall conform to the following provisions:

Driveway access. Driveway access and grades shall be approved by the Town Highway Superintendent or Engineer designated to the project by the Town.

Purpose. The purpose of this provision is to ensure compliance with the proper installation of facilities, utilities, and other improvements being offered for dedication and to protect future property owners.

Administration. Provisions of this section shall be administered as provided for in § 277 of the New York State Town Law.

Furnishing of performance bond or other security. As an alternative to the installation of facilities, infrastructure, and other improvements required in the article and prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the installation of such facilities, infrastructure, and other improvements, as estimated by the Planning Board or the Engineer designated to the project, shall be furnished to the Town by the applicant. Surety may be waived in instances where the applicant installs all improvements prior to the final plat being signed by the duly authorized Town officials.

Security where plat approved in phases. In the event that the applicant shall be authorized to file the approved final plat in phases, as provided in Subdivision 7 of 276 of the New York State Town Law, approval of the final plat may be granted upon the installation of the required improvements in the section of the final plat filed in the office of the Cayuga County Clerk or the furnishing of security covering the costs of the installation of such improvements. The applicant shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Cayuga County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements in provided.

Form of security. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board of Owasco and also approved by the Town Attorney as to form, sufficiency, and manner of execution, and shall be limited to:

Terms of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant reduction in the amount of said security, and upon approval by the Town Board of Owasco, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.

Inspections. All improvements covered under a performance surety must be inspected during construction to determine compliance with the approved final plat. Cost of the required inspections may be estimated by the Engineer designated to the project and shall be borne by the applicant and will be included in the initial value of the surety.

Process for release of surety.

Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board of Owasco may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.

Applications for state approval are submitted to the Town Supervisor, who shall review and sign the applications and return them to the applicant for submission to the appropriate state agencies.

The Secretary to the Planning Board shall refer the Town application and accompanying documents to the Town Supervisor for processing.

The Town Supervisor is responsible for taking the following actions:

Public hearing. Upon the receipt of a completed application for the district and recommendation of the Town Attorney, the Town Board of Owasco shall schedule and hold a public hearing on the proposed special district or extension of an existing special district. The purpose of the public hearing is to permit free and open discussion of the proposed special district. Notice of the public hearing shall be published in accordance with all provisions of New York State Law. If the Town Board of Owasco determines that the proposal meets all state and local requirements, the special district shall be created or extended by resolution of the Town Board of Owasco.

Notification. Notification of the decision shall be the responsibility of the Town Clerk and shall be performed in accordance with all provisions of New York State Law. Final documentation concerning the creation or extension of the special district shall become a part of the permanent public record of the subdivision and distributed by the Town Clerk accordingly.