For the purpose of enabling and encouraging flexibility of design
and development of land in such a manner as to promote the most-appropriate
use of land, to facilitate the adequate and economical layout of streets
and utilities and to preserve the natural and scenic qualities of
open lands, the Planning Board, simultaneously with the approval of
a plan, may, in appropriate cases, modify applicable provisions of
the Zoning Ordinance in accordance with Town Law § 278,
provided that:
A.Â
The Town Board authorizes the Planning Board to act on a specific
application.
B.Â
The owner makes written application for such modification.
C.Â
The Planning Board adopts rules and regulations setting forth the
criteria of an application.
D.Â
The modifications would not result in a greater number of dwelling
units or building plots than are permitted if the land were subdivided
into lots conforming to the minimum lot size and density requirements
of the Zoning Ordinance applicable to such land. Two plans will be
required for the Planning Board to review:
F.Â
The Planning Board shall record in its minutes the grounds for granting
any modification and note the date of such modification and the nature
thereof on the final subdivision plan to be recorded in the office
of the County Clerk. The Town Clerk shall make appropriate notations
and references of such modification on the Official Zoning Map of
the Town.
Where the Planning Board finds that, because of unusual circumstances
of shape, topography or other physical features of a proposed development,
extraordinary hardship may result from strict compliance with these
regulations, the Planning Board may specifically waive portions of
these regulations with Town Board approval so that substantial justice
may be done and the public interest secured, provided that no such
waiver shall be granted which will have the effect of nullifying the
intent and purpose of these regulations or any other pertinent rules,
regulations or ordinances of the Town of Ontario.
The standards and requirements of these regulations may be modified
by the Planning Board with Town Board approval in the case of a plan
and program for a new community or a neighborhood unit which, in the
judgment of the Planning Board, provides adequate public spaces and
improvements for the circulation, recreation, light, air and service
needs of the tract when fully developed and populated and which also
provides such covenants or other legal provisions as will assure conformity
to the achievement of the plan.
The Planning Board may permit modifications to the requirements
herein provided for such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so modified.
The rules and regulations as set forth above may be amended,
altered or revised by the Planning Board from time to time, after
public hearing and subject to the approval of the Town Board per § 271
of the Town Law.
Should any section or provision of these rules and regulations
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the rules and regulations
as a whole or any other part thereof.
The Town of Ontario has a fee schedule on file at the Town Clerk's
office. Copies of this schedule are available, and any fees due the
Town must be paid in full before approvals are considered.
