This chapter shall be enforced by the Town of
Ontario Code Enforcement Officer. In carrying out this function, it
shall be the duty of the Code Enforcement Officer, prior to issuing
any permits or certificates, to examine any plans and inspect any
buildings or premises to determine that such plans, buildings or premises
are not in violation of the provisions of this chapter or any other
duly adopted regulations related to land use, building use and construction
within the Town of Ontario.
[Added 5-23-2022 by L.L. No. 2-2022]
A.
Reimbursement
requirement; applicability.
(1)
In
connection with any application to the Town, including, but not limited
to, an application for a permit, including a special use permit, site
plan approval, subdivision approval, zoning amendment, variance request,
rezoning application, or any other application to the Town of Ontario,
the Town may employ professional consultants, legal counsel, professional
engineers, professional planners, and/or other qualified professionals
to provide assistance and advice in the review of any application,
including, but not limited to, for example, acquiring legal advice,
traffic analysis, landscaping analysis, historical analysis, architectural
analysis, on-site investigation, evaluation and inspection; verification
of the accuracy of information submitted; evaluation of the adequacy
of plans and the sufficiency of submitted reports; study of the impact
of proposals upon the resources and environment of the Town (including
SEQR), preparation and/or review of environmental impact statements;
review of the design and layout of improvements; inspection of installed
improvements; and other services or technical assistance as the Town
deems necessary for its review of such applications, and the Town
may incur costs and fees in connection therewith.
(2)
Any
such reasonable costs and fees incurred as a result of the review
and consideration of an application by a professional, consultant
or agent to the Town (referred to herein as "consultant fees" or "costs")
shall be borne by the applicant as set forth herein, except that up
to one hour of such consulting fees and costs per filed application
will be borne by the Town.
B.
Consultant
fees to be borne by applicant. All consultant fees incurred for the
consulting, professional or other related services described herein
shall be borne by the applicant, except that up to one hour of such
fees and costs per filed application will be borne by the Town. A
deposit may be required in advance to cover the estimated costs. Should
no escrow be required, the costs will be billed to the applicant on
a monthly basis.
C.
Escrow.
(1)
Escrow
requirement and amount. The Building Inspector and/or Code Enforcement
and/or Town Engineer (the “Department”), with the approval
of the Town Board, will determine whether an escrow deposit will be
required in advance and the amount required to be initially deposited.
The amount shall be based on the estimated cost to the Town of reviewing
the particular type of application. The Department may consider the
consultant and professional review expenses incurred by neighboring
municipalities in reviewing similar applications and may also consider
the Town's past cost in reviewing similar applications. In establishing
whether a deposit shall be required, and the amount thereof, the Town
may take into consideration the size, type and number of buildings
to be constructed; the number of lots proposed; the topography, soil
conditions, and other environmental conditions at such site; the infrastructure
proposed in the application; any special conditions the reviewing
board may deem relevant; and any other factors the Town may find relevant.
(2)
Funding
of escrow. Where an escrow is required, if at any time during the
review and processing of an application there shall be insufficient
monies on hand to the credit of an applicant to pay incurred costs,
or if it shall reasonably appear to the reviewing board that such
monies will be insufficient to meet anticipated costs, the Town shall
cause the applicant to deposit additional sums as the board deems
necessary or advisable in order to meet such costs or anticipated
costs.
(3)
Limitation
on use of funds. Monies deposited by the applicant pursuant to this
section shall not be used to offset the Town's general expenses for
the several boards or its general administrative expenses. Employee
costs are not reimbursable. In no event shall the applicant's required
responsibility be greater than the actual cost to the Town of such
engineering, planning, legal or other consulting or professional services,
which cost shall be reasonable such that it generally is comparable
to costs of such services in the open market for similar services
and projects.
(4)
Administration
of escrow. Where an escrow account is required, the applicant shall
deposit the required amount with the Town Comptroller or agent thereof
in the form of a certified check made payable to the Town of Ontario.
Upon receipt, the Town Supervisor or agent thereof shall cause such
monies to be placed in a separate non-interest-bearing account in
the name of the Town and shall keep a separate record of all such
monies deposited and the name of the applicant and project for which
such sums were deposited.
D.
Payment
of consultant fees.
(1)
Vouchers
and billings. Upon receipt and approval by the Town Board of itemized
invoices for services rendered on behalf of the Town regarding a particular
application, where an escrow is established, the Supervisor shall
cause vouchers to be paid out of the monies so deposited. The record
of such account shall be debited accordingly. Where there is no escrow
requirement, the costs shall thereafter be billed on a monthly basis
and paid by the applicant within 30 days. The provider shall make
copies of all vouchers available to the applicant at the same time
the vouchers are submitted to the Town; copies of the vouchers may
be redacted to protect proprietary information and/or legally privileged
communications between the Town officials and the consultants.
(2)
Incurring
of consultant fees. The Town Board shall review and audit all such
vouchers and shall approve payment of only such consultant fees as
are reasonable in amount and necessarily incurred by the Town in connection
with the review and consideration of the applications. A consultant
fee or part thereof is reasonable in amount if it bears a reasonable
relationship to the average charge by consultants to the Town for
services performed in connection with the review of a similar application.
A charge or part thereof is necessarily incurred if it was charged
by the consultant for a service which was rendered in order to protect
or promote the health, safety, general welfare or other interests
of the Town, and/or to protect public or private property.
(3)
Payment
to Town only. In no event shall an applicant make direct payment to
any Town consultant.
(4)
Return
of unused escrow funds. After the reviewing board has rendered its
decision on an application, or upon the withdrawal of an application
by the applicant, the remaining balance of the deposit in excess of
actual incurred costs, if any, shall be returned to the applicant
without payment of interest within 60 days of the date of the decision
or date of the withdrawal. The Town will also provide a statement
of the costs paid from the escrow account.
(5)
Additional
fees. The review costs and fees required to be reimbursed by this
chapter are in addition to application and other fees required pursuant
to other applicable provisions of the Town of Ontario's laws, rules
and regulations, including those fees set forth on the Town of Ontario
Fee Schedule.
(6)
Review
costs included in the independent application fee. Each distinct application
which has been duly filed and for which an application fee has been
paid in accordance with the fees established by the Town from time
to time shall include up to one hour of consultant review costs and
fees which will be borne by the Town and will not be required to be
reimbursed by the applicant. For purposes of this section, the term “distinct
application” shall mean the application for each required action
as that term is defined in the regulations implementing the New York
State Environmental Quality Review Act.
E.
Failure
to comply.
(1)
Suspension
of review. In the event the applicant fails to deposit or timely pay
the requested costs with the Town, any application review, approval,
permit or certificates of occupancy shall be withheld or suspended
by the reviewing board, officer or employee of the Town until such
monies are deposited or paid in full.
(2)
Liability
of applicant. The owner(s) of the subject real property, if different
from the applicant, shall be jointly and severally responsible to
reimburse the Town of Ontario for costs associated with professional
and consultant review pursuant to this chapter. In order for an application
to be complete, the applicant shall provide the written consent of
all owners of the subject real property, authorizing the applicant
to file and pursue land development proposals and acknowledging potential
landowner responsibility under this article for engineering, legal
and other consulting costs incurred by the Town for the review of
the application.
(3)
Failure
to reimburse. In the event of failure to reimburse the Town for such
costs, the following shall apply: The Town may seek recovery of unreimbursed
engineering, legal and other consulting costs by action venued in
a court of appropriate jurisdiction, and the defendants shall be responsible
for the reasonable and necessary attorney's fees expended by the Town
in prosecuting such action.
(4)
Alternatively,
and at the sole discretion of the Town Board, a default in reimbursement
of such engineering, legal, professional and consulting costs expended
by the Town shall be remedied by charging such sums against the real
property which is the subject of the land development application,
by adding that charge to, and making it a part of, the next annual
real property tax assessment roll of the Town. Such charges shall
be levied and collected at the same time and in the same manner as
Town-assessed taxes and shall be applied in reimbursing the fund from
which the costs for the engineering, legal, professional and consulting
fees were defrayed. Prior to charging such assessments, the owners
of the real property shall be provided written notice to their last
known address of record, by certified mail, return receipt requested,
of an opportunity to be heard and object before the Town Board to
the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 15 days after its mailing.
A.
Organization. The Zoning Board of Appeals shall consist
of five members, all residents of the Town of Ontario, to be appointed
by the Town Board for terms of five years in staggered terms. Upon
the recommendation of the Zoning Board of Appeals members, one member
shall be designated each year by the Town Board to serve as Chairman
and one for Vice Chairman for that year. If a vacancy shall occur,
the Town Board shall appoint a successor, who shall serve for the
unexpired portion of the term of his predecessor.
B.
Duties and powers. The Zoning Board of Appeals shall
have such powers and duties as are granted to it or imposed on it
by state law. The Zoning Board of Appeals may adopt, after a public
hearing, such rules, regulations and forms as it may deem necessary
for the proper and efficient discharge of its duties, so long as such
rules, regulations and forms do not conflict with state law. Such
rules, regulations and forms are subject to the approval of the Town
Board.
A.
Creation and organization. There shall be a Planning
Board which shall consist of five members who shall be appointed by
the Town Board in such manner and for such terms as provided by the
Town Law and any amendments thereto. Upon the recommendation of the
Planning Board members, one member shall be designated each year by
the Town Board to serve as Chairman and one for Vice Chairman for
that year. If a vacancy shall occur, the Town Board shall appoint
a successor, who shall serve for the unexpired portion of the term
of his predecessor.
B.
The Planning Board shall have such powers and duties
as are granted to it or imposed on it by state law. The Planning Board
may adopt, after a public hearing, such rules, regulations and forms
as it may deem necessary for the proper and efficient discharge of
its duties, so long as such rules, regulations and forms do not conflict
with state law. Such rules, regulations and forms are subject to the
approval of the Town Board.
C.
The Planning Board is hereby granted the authority
to employ the powers set forth in Town Law § 278 and to
apply them to all undeveloped residentially-zoned land in the Town
when, in the Planning Board's discretion and judgment, such use of
those powers will benefit the Town.
