A.
The developer of a parcel of land shall make improvements to the
parcel in accordance with the approved plans or the minimum standards
required in these regulations as applicable to a specific project.
B.
Where certain standards of development are not set forth, they shall
be established by the Planning Board, following its review of the
particular situation.
C.
In many cases, alternate improvement standards may be permitted if
the Planning Board deems them equal in performance characteristics
for the proposed use intended, with the approval of the Town Board
as a deviation from an adopted regulation. Additional or higher design
standards of improvements may be required in specific cases where
the Planning Board believes it necessary to create conditions essential
to the health, safety, morale and general welfare of the citizens
of the Town.
A.
The Town of Ontario has established basic guidelines for the classification of roads to be constructed in the Town. The guidelines are listed in these regulations under Article VIII.
B.
All streets or roads developed in the Town shall be constructed to
at least the minimum standards as set forth in the specifications
or as shown on plans approved by the Town for a given project.
C.
Due to the general soil conditions within the Town and normal construction
sequences for development, it is deemed to be in the best interests
of the Town that the following procedures be followed:
(1)
Binder material shall not be placed prior to the completion
and approval of all underground utilities, including the private utility
services, and a review of the road base by the Town.
(2)
The weather and seasonal limitations as specified under the
Standard Specifications of the New York State Department of Transportation
shall apply for placing of bituminous mixtures.
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Restrictions (1) and (2) imply completion of all underground
systems well in advance of the developer's schedule for paving.
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(3)
No certificates of occupancy will be issued unless a proper
road surface as herein specified has been constructed and accepted
by the Superintendent of Highways.
(4)
Upon completion of the binder pavement and all other items related
to the completion of a project, the Town may elect to accept for dedication
the completed facilities if an acceptable two-year maintenance bond
is submitted to the Town and the developer presents a sum of money
to complete the top pavement course. The amount of money to be transferred
to the Town will be established by the Superintendent of Highways.
This sum shall be sufficient to cover the cost of labor and materials
to cause the proper installation of the top course.
(a)
It is the intent of this option by the Town to allow the developer
to offer the project for dedication before the final pavement is installed.
This option will allow the developer to substantially complete the
related construction in the developed area prior to installing the
top course. In this manner, the area will receive a new pavement top
that is less susceptible to marring or patching as a result of normal
construction activity.
(b)
In general, the final top course must be installed by the developer
within one year of the placement of binder course, unless a specific
waiver of this time period is obtained (in writing) from the Superintendent
of Highways.
(c)
Before the expiration of the maintenance bond and before the
final top is applied, the Town and the developer will hold a final
site review to assess any damages or repairs that may be necessary
by the developer under the maintenance agreement. Once the top course
has been installed and a two-year maintenance bond posted, final acceptance
of all roadway improvements shall be approved by the Superintendent
of Highways.
D.
Driveway culverts.
(1)
The installation of driveway culverts requires the approval
and a permit for culvert location, size and material from the State,
County or Town Highway Department having jurisdiction over a given
road. New driveway culvert installation shall be the responsibility
of the developer/landowner following the receipt of a permit. All
culverts must be a minimum of 12 inches in diameter, a minimum of
20 feet in length and include end sections.
(2)
The Town reserves the right to remove and/or install driveway
or roadway culverts along any existing road to properly transmit surface
drainage as determined by the Town Engineer and the Superintendent
of Highways. All driveway culverts shall have a minimum cover of one
foot.
The Planning Board may require the applicant to install sidewalks
on one or both sides of the street or provide a ten-foot-wide sidewalk
easement to allow for future installation. Installation of any sidewalks
proposed for dedication must be approved by the Town Board.
B.
All storm sewers and drainage facilities, such as gutters, catch
basins, bridges, culverts and swales, shall be designed for the development
and be subject to the approval of the Town. Such facilities shall
be capable of handling upland flows that may be generated from future
land development.
C.
The Town of Ontario Master Drainage Plan and the Town of Ontario
Watershed Management Control Law, Local Law No. 1-1993, shown in Appendix
LL,[2] should be consulted to review the adequacy of existing
and/or proposed drainageways or structures and easement widths for
a given development.
[2]
Editor's Note: Appendix LL was a copy of Ch. 147, Watershed
Management Control. See Ch. 147 for current provisions..
D.
The following points should be considered in the design of storm
drainage facilities.
(1)
Lots shall be laid out and graded to provide positive drainage
away from buildings.
(3)
Discharge of sump pumps or roof leaders shall be directed to
the storm sewer network and not to roadside gutters or channels.
(4)
In the design of storm sewer systems, special consideration
shall be given to avoidance of problems which may arise from concentration
of stormwater runoff over adjacent properties. Surface swales or channels
serving multiple lots shall have a catch basin or field inlet to serve
every third lot.
(5)
The Town requires the completed construction and the design
engineer's certification of all surface drainage improvements and
erosion control measures on a development before any building permits
are issued.
A.
Where the public sanitary sewer system, in the opinion of the Planning
Board, is reasonably accessible, sanitary sewers and appurtenances
shall be designed to adequately serve all units with connections to
the public system. The design and installation of said sewers shall
be subject to the approval of the Planning Board and other appropriate
agencies.
B.
Where lots cannot be served by the extension of an existing public
sanitary sewer, the developer shall obtain the approval of individual
subsurface disposal systems by the appropriate agencies.
C.
Once the individual disposal systems are installed, they shall be
inspected by a licensed professional and certified to the Town Building
Department as to the installation relative to the approved plans.
The Town assumes no liability for the performance of individual disposal
systems.
D.
In areas not presently served by public sanitary sewers, the Planning
Board may require, in addition to installation of temporary individual
on-site sewage disposal facilities, the installation and capping of
sanitary sewer mains and house connections if studies of the Board
indicate that extension of public sanitary sewer trunks or laterals
to service the property subdivided appears probable or necessary to
protect the public health.
The developer shall provide and dedicate to the Town a complete
municipal water distribution system. The design and installation of
said system shall be subject to the approval of the Planning Board
and jurisdictional agencies. Excess size of the facility may be considered
by the Town at the time of plan submission for future development
consideration or to improve hydraulics within the system; the Town
would then consider financial contribution for the upsizing of such
facility.
A.
Adequate site landscaping shall be required of the developer on any
lands developed in the Town. A landscape plan will designate the type,
number, location and height of all plant species with appropriate
planting procedures. Should there be seasonal limitations on planting,
the amount of the landscaping will be held within the letter of credit.
B.
One street tree shall be planted on every new residential lot developed
on a dedicated street and shall be located outside the Town rights-of-way
and easements.
(1)
Visual impacts shall be considered for planting on sight distances.
(2)
The trees are to be a minimum of 15 feet from the edge of any
right-of-way and/or easement.
(3)
There shall be no underground utilities within 15 feet of any
proposed tree.
(4)
The trees shall be a minimum of two inches' caliper and of a
variety that will be medium to small in stature, does not generally
have a wide-spreading root system and does not generally have a large-spreading
trunk base.
Permanent reference monuments shall be set at final grade at
all corners and angle points of the boundaries of any subdivision
plan and at all street intersections and such intermediate points
as may be required per Appendix L.[1] These markers shall be set by a licensed land surveyor
and certified to the Town as true and accurate before a certificate
of occupancy is issued.
[1]
Editor's Note: Appendix L is included at the end of this chapter.
A.
Permanent street signs (on either dedicated Town roads or private
roads), of the same specifications as those of the Town Highway Department,
shall be erected at each intersection by the Highway Department and
paid for by the developer.
B.
Private drives shall have names different from the dedicated road
they have access from.
A.
The Planning Board may require adequate street, sidewalk or site
lighting to be installed. Such a system shall be coordinated with
the electrical utility corporation and designed to keep light from
illuminating areas outside of the developed site. Such design shall
utilize cutoff "shoe box" fixtures with luminaries appropriate for
the use of the given area or site. Within a residential development,
the Board may consider a low-wattage decorative fixture such as a
colonial style lamp.
B.
Intersection streetlights will be required at the developer's expense
with all new subdivision entrance roads at the main road or thoroughfare.
In every development, provisions shall be made for service from
the private utility supply systems. All utilities serving a subdivision,
including streetlighting systems, shall be underground, rather than
on poles, standards or towers. Underground conduit and cables shall
be installed per the regulations of the Public Service Commission
and a minimum of two feet below any drainageway.
General site conditions, including pedestrian and vehicular
access and circulation; provision and location of handicapped access;
location, arrangement, size, architectural features and design of
buildings, including to-scale color renderings of all nonresidential
facilities; lighting; signage; and the protection of adjacent properties
and the general public against noise (per Noise Ordinance in Appendix
MM),[1] glare and unsightliness, or other objectionable features,
will also be considered by the Board.
All parking areas, passageways and driveways, except when provided
in connection with one- and two-family residential uses, shall be
surfaced with a dustless, durable, all-weather pavement, such as asphalt
or Portland cement. Parking areas shall be so graded and drained as
to dispose of all surface water accumulation. The Planning Board may
alter this requirement at the time of site plan approval when surface
water drainage or other special requirements exist. Appropriate screening
and landscaping, including landscaped islands, as deemed appropriate
by the Planning Board, will also be required. All nonresidential facilities
shall provide the required number of handicapped parking spaces and
layout in compliance with the New York State Building Code and the
outlines set forth by the American with Disabilities Act.
In applying the requirements for adequate off-street parking, required by the provisions of § 150-47 of the Ontario Town Code, the following guideline standards shall be taken into consideration, as appropriate:
A.
Residential. Residential and agricultural uses listed in Schedule
I, Part A, of the Town of Ontario Zoning Code,[1] except as specifically designated below: two spaces per
dwelling unit.
(1)
Cemetery: one space per employee, plus one space per four visitors
to the maximum capacity.
(2)
Church: one space per four seats of maximum occupancy.
(3)
Community and recreation center: one space per 250 square feet
of gross floor area, or one space per four patrons to the maximum
capacity, plus one space per employee on the largest shift.
(4)
Day care or nursery school: one space per teacher/employee on
the largest shift, plus one off-street loading space per six students.
(5)
Farm market: one space per employee on the largest shift, plus
one space per 200 square feet of gross floor area provided for customer
sales and service operations.
(6)
Golf courses: 40 spaces per nine holes, plus one space per employee
on the largest shift, plus 50% of spaces otherwise required for any
accessory uses (e.g., restaurants and bars)
(7)
Home occupation: three spaces per dwelling unit.
(8)
Libraries and museums: one space per 250 square feet of floor
area or one space per four seats to the maximum capacity, whichever
is greater, plus one space per employee on the largest shift.
(9)
Kennel: one space per three pens, plus one space per employee
on the largest shift.
(10)
Nursing homes/assisted living facilities: one space per four
patient beds, plus one space per employee on the largest shift.
(11)
Recreational vehicle park: 1.5 spaces per each recreational
vehicle site, plus one space per employee on the largest shift.
(12)
Residential, multifamily (e.g., apartment complexes, townhomes,
manufactured home parks): three spaces per dwelling unit, plus one
space per employee on the largest shift.
(13)
School, private elementary and junior high: one space per teacher
and staff member, plus one space per two classrooms.
(14)
School, private senior high: one space per teacher and staff
member on the largest shift, plus one space per five nonbused students.
(15)
Stable: one space per two stalls, plus one space per employee
on the largest shift.
B.
Commercial. Retail and personal service uses listed in Schedule I,
Part B, of the Town of Ontario Zoning Code, except as specifically
designated below: one space per 150 square feet of gross floor area
of customer sales and service, plus one space per 400 square feet
of storage and/or office gross floor area or, if the use has at least
100,000 square feet of gross floor area, 5.5 spaces per 1,000 square
feet of gross floor area. Drive-through lanes must have a minimum
stacking length of four vehicles behind the service window per lane.
(1)
Banks: one space per 200 square feet gross floor area, plus
one space per employee on the largest work shift. Drive-through lanes
must have a minimum stacking length of four vehicles behind the service
window per lane.
(2)
Beauty and barber shops: three spaces per operator or one space
per 100 square feet of gross floor area, whichever is larger, plus
one space per employee on the largest shift.
(3)
Bowling alley: five spaces per lane, plus one space per employee
on the largest work shift.
(4)
Convenience store: one space per 100 square feet of gross floor
area.
(5)
Driving range: one space per tee, plus one space per employee
on the largest work shift.
(6)
Funeral home: one space per four patron seats or 25 spaces per
chapel unit, whichever is greater.
(7)
Grocery store: one space per 100 square feet of gross floor
area of customer sales and service, plus one space per 200 square
feet of gross floor area of storage.
(8)
Hospital: two spaces per three patient beds, plus one space
per employee on the largest work shift.
(9)
Hotel or motel: one space per room or suite, plus one space
per every three employees on the largest work shift, plus one space
per three persons to the maximum capacity of each public meeting and/or
banquet room, plus 50% of the spaces otherwise required for accessory
uses (e.g., restaurants and bars).
(10)
Mini-storage: one space per 10 storage units, plus one space
per employee on the largest shift.
(11)
Office, medical/dental/veterinary: four spaces per doctor, plus
one space per employee on the largest work shift.
(12)
Office, professional: one space per 250 square feet of gross
floor area.
(13)
Outdoor amusement establishment: one space per four expected
patrons at capacity.
(14)
Private clubs: one space per three persons to the maximum capacity
of the facility.
(15)
Repair services: one space per 300 square feet of gross floor
area, plus one space per employee on the largest work shift.
(16)
Restaurant, fast-food: one space per 50 square feet of gross
floor area, plus one space per employee on the largest work shift.
Drive-through lanes must have a minimum stacking length of 10 vehicles
behind the service window.
(17)
Restaurant: one space per three seats or one space per 100 square
feet of gross floor area, whichever is greater, plus one space per
employee on the largest work shift.
(18)
Shopping center, regional: five space per 1,000 square feet
of gross floor area.
(19)
Taverns, dance halls, nightclubs, and lounges: one space per
50 square feet of gross floor area, plus one space per employee on
the largest shift.
(20)
Theaters and auditoriums: one space per three patrons based
on maximum capacity.
(21)
Vehicle repair and maintenance services: one space per 400 square
feet of gross floor area, plus one space per employee on the largest
work shift.
(22)
Vehicle sales and service: one space per 1,200 square feet of
gross floor area, plus one space per employee on the largest work
shift for customers and employees only.
C.
Industrial. Manufacturing, processing, heavy commercial, and storage
uses listed in Schedule 1, Part C, of the Town of Ontario Zoning Code,
except as specifically designated below: one space per employee on
the largest shift, plus one space per company vehicle regularly stored
on the premises.
At least 30% of the lot area to be developed shall remain open
and unused. This open area may include areas for landscaping, stormwater
retention or detention, in-ground septic systems, underground utilities,
screening and fencing. The open area shall not be paved or used for
parking, storage, buildings or accessory buildings, nor shall it include
wetlands, steep slopes or other environmentally sensitive areas.
The Planning Board, at its discretion, can modify the required
front setback to the average of the neighboring adjacent properties
in a residential district.
