A. 
The basic procedures as summarized hereafter are those as outlined in the various aspects of Town Law, specifically but not limited to Town Law §§ 261-b, 271, 274-a, 276, 277, 278, 279, 280, 281, and 283-a. The applicant or designated representatives should be aware of the approval process as outlined in the various sections of the Town Law or as modified herein.
B. 
Town approval of any subdivision shall be evidenced by a final plat containing all the required signatures, filed in the Wayne County Clerk's office. This approval shall be prerequisite to the issuance of any building permit or certificate of occupancy for the use of any land. Such approval shall hereafter be initiated and processed in accordance with the following basic procedure.
C. 
The Town of Ontario has a two-step approval process which includes preliminary and final approvals. All plans submitted to the Town shall be clearly marked for the requested action by the Planning Board, and failure to submit a complete package of information will be cause for rejection by the Planning Board.
D. 
The developer may, prior to the formal approval process, file a sketch plan with the Planning Board Secretary, which shall be discussed by the Planning Board with the developer at the next available meeting for purposes of classification, initial discussion concerning the layout, availability of utilities, services and responsibilities. No formal action will be taken by the Board for a concept discussion, and this process is not required by the Town.
E. 
An application for all plan approvals shall be submitted to the Planning Board Secretary. The project will be discussed at the next available Planning Board meeting following a minimum of 23 calendar days after submittal of a complete application. With this application, the appropriate checklist noted in Article V shall be completed and submitted. Items on the checklist that are not germane to the application should be qualified.
F. 
A nonrefundable public posting fee shall be provided to the Town of Ontario Building Department at the time any application is submitted to the Town. A Town-hired sign-posting company will physically post the property at the road frontage for a minimum of five days prior to the application being heard on any Town agenda.
G. 
The Town has established a Planning Review Committee consisting of a Planning Board member, the Code Enforcement Officer, Town department heads and an engineering consultant to the Planning Board. The purpose of the committee is to provide the Planning Board with a comprehensive overview of a project early in the review process. This committee meets to review all applications and provides input for the Planning Board's consideration. All Planning Review Committee comments shall be addressed in writing by the applicant and submitted with revised plans.
H. 
Concurrent with the preliminary phase of the approval process, the applicant must comply with the requirements of the New York State Environmental Quality Review Act (SEQR).
I. 
All subdivisions and site plans will require preliminary overall approval from the Planning Board prior to the granting of final approval for individual phases, if any, for the project. Once an application has received preliminary approval, the applicant may make application for final approval through a complete submittal to the Planning Board Secretary.
J. 
A SEQR flow chart has been provided within to assist the applicants in the approval process.[1]
[1]
Editor's Note: See Appendix KK, SEQR Basic Flow Chart, included at the end of this chapter.
A. 
The developer shall obtain copies of these Land Development Regulations and application forms from the Planning Board Secretary. Complete application packages, including necessary fees, shall be submitted to the Planning Board Secretary, who shall distribute them to the Planning Board, Town department heads and consultants, and the Ontario Fire Department or Union Hill Fire Department (depending upon jurisdiction), retaining a copy for the Planning Board file. At the next Planning Board meeting occurring more than 23 calendar days after such application, the Planning Board shall receive comments, questions and recommendations, from the Town's advisory staff. The Planning Board shall discuss with the developer the classification of the proposed project as well as questions and comments for further consideration.
B. 
The Planning Board Secretary should be contacted prior to any submission to determine the appropriate number of application packages to be submitted.
A. 
The developer shall prepare and submit a complete application, including the proposed preliminary plan, containing information as outlined in these regulations, to the Planning Board Secretary for distribution.
B. 
The Planning Board Secretary shall distribute them to the Planning Board members, Town department heads and consultants and, if necessary, to the Wayne County Planning Agency pursuant to § 239-n of the General Municipal Law.
C. 
The application shall be scheduled and advertised for a public hearing within 62 calendar days after receipt of the complete application by the Planning Board Secretary. A notice of the public hearing shall be published at least five calendar days prior to the meeting in a newspaper of general circulation in the Town. At the hearing, all interested parties shall be given the opportunity to be heard. If verbatim minutes of the public hearing are requested by the developer or an aggrieved property owner, the cost of such minutes shall be borne by the requester.
D. 
The Planning Board shall receive comments, questions and recommendations on the proposed preliminary plan and shall discuss such with the developer.
E. 
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQR) under Article 8 of the Environmental Conservation Law, and its implementing regulations as codified in 6 NYCRR Part 617, before proceeding to preliminary motions of approval. Within 62 calendar days of the close of the public hearing, unless such time limit is extended by mutual consent of the developer and the Board, the Planning Board may either approve, conditionally approve with or without modifications, or disapprove the preliminary plan. In the event of disapproval, the grounds of such disapproval shall be specified in the resolution. The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
A. 
The applicant shall submit a complete application to the Planning Board Secretary for final approval following preliminary approval. The procedure for final approval is parallel to the process for preliminary approval as outlined in § A154-12, except the Planning Board may waive the public hearing at its discretion.
B. 
The Planning Board may, in acting on a final plat, make its approval subject to specific conditions set forth by the approval resolution; and the plat may not be filed with the Wayne County Clerk but must await the signature of the Planning Board Chairman, which shall be affixed only after the foregoing conditions have been met to the Board's satisfaction. The developer shall have 180 calendar days to meet the conditions, extendable by the Board up to two additional ninety-calendar-day periods if, in the Board's opinion, particular circumstances warrant such extension.
Once the Planning Board has granted final approval and all the required final signatures are placed on the plan, the developer shall submit an irrevocable letter of credit so as to assure the proper and timely completion of the required improvements. The irrevocable letter of credit is a financial security in a form acceptable to the Town and shall be submitted to cover the cost associated with all proposed improvements shown on the plan, such as utility and drainage improvements, construction observation, erosion control, grading, seeding, stormwater management, green infrastructure and all other areas the Town deems necessary. The final amount of security will be reviewed and approved by the Town Engineer.
The subdivider shall tender offers of cession in a form certified as satisfactory by the Attorney for the Town of all land included in streets, highways or parks, not specifically reserved by him. Approval of a plan by the Planning Board shall not constitute an acceptance by the Town Board of the dedication of any street, highway, utility, park or other public open space.
A. 
A letter of credit furnished for the installation of the required improvements shall be in the amount reviewed by the Town Engineer and approved by the Attorney for the Town as to form, sufficiency and manner of execution. The letter of credit shall be issued in favor of the Town of Ontario and shall assure the complete installation of the required improvements within such period, not longer than three years. The letter of credit shall be issued to the Town for an initial minimum period of one year. Extensions of letters of credit shall be provided to the Town in the event that the construction of the project exceeds the time frame noted in the letter of credit.
B. 
The following guaranties will be required for development in the Town.
(1) 
Letter of credit.
(a) 
An irrevocable letter of credit shall be submitted by the developer to ensure the installation of improvements in an amount estimated by the developer's engineer and approved by the Town.
(b) 
The amount shall include but not be limited to the following items (see Appendix A for typical format):[1]
[1] 
Total estimated construction cost of all utilities, laterals, water services, roads, gutters, earthwork, etc.
[2] 
Minimum 10% contingency factor.
[3] 
Engineering and construction observation charges will be a minimum of 5% based on the project complexity and construction schedule.
[4] 
Street signs and surveyor's monuments.
[5] 
Maps.
[6] 
Record drawings of installed facilities.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2) 
Maintenance bond.
(a) 
Upon completion of the construction and as a condition of dedication to the Town, a maintenance bond shall be provided by the developer, guaranteeing the project against faulty workmanship or materials for a period of two years following the acceptance date by the Town. Maintenance bonds shall be written by a surety licensed to do business in New York State and shall be in the amount of 10% of the final construction cost of each dedicated improvement. Bonds shall be approved as to form and content by the Attorney for the Town prior to any dedication procedure. Individual portions of the project, i.e., sanitary system, water system, may be bonded with their individual acceptances by the Attorney for the Town.
(b) 
A maintenance bond for the pavement, gutters and drains, and/or sidewalks will not be accepted until the entire project is ready for dedication.
(c) 
A maintenance bond for final road top pavement will be for two years from the time of topping and acceptance.
A. 
The approval by the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by the Board of the development of a plat or plats already on file in the office of the Wayne County Clerk, or the certificate of the Ontario Town Clerk as to date of submission for which no hearing was duly held, or the date of the hearing for the approval or disapproval of such plat, as the case may be, and the failure of the Planning Board to take action thereon within the time prescribed, shall expire 62 calendar days from the date of the signing of the plan by the Planning Board or of such certificate, unless, within such sixty-two-calendar-day period, such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the Wayne County Clerk.
B. 
If the owner shall file only a section of an approved plat within such sixty-two-calendar-day period, such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire, unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of the Town Law. In the event the owner shall file only a section of such approved plat in the office of the Wayne County Clerk, the entire approved plat shall be filed within 30 calendar days of the filing of such section with the Ontario Town Clerk.
A. 
Between the interval of preliminary and final approval of the subdivision plat, the developer shall petition the Town Board for the creation of the districts or extensions as necessary for a given development. They may include:
(1) 
Districts or extensions could be necessary for sanitary sewers, water mains, stormwater disposal, sidewalks, lighting, or any particular creation for a specific development.
B. 
In order to preserve the continuity and format of the application of the districts to the various governing authorities, the Attorney for the Town and Town Engineer shall review the necessary documents and maps, and the Town Clerk will be responsible for publication and filing requirements. All costs for the formation of these districts shall be paid for by the developer to the Town within 30 calendar days of its receipt of a bill therefor.
C. 
Required improvement districts must be extended or created by the Town Board before the signature of the official of the Planning Board may be affixed to the approved subdivision plan.
A. 
All site plans will require Planning Board approval, and they must be prepared in accordance with these regulations, except that items relating to boundary data may be omitted if the parcel designation has previously been filed with the Wayne County Clerk's office.
B. 
Modification of approved site plan. Modification of previously approved site plans may be reviewed and approved administratively at the discretion of the Planning Board Chairman, Code Enforcement Officer, and Town Engineer.
A. 
If easements are required on a project, the Town has established a procedure to facilitate the process and has a detailed handout for applicants to follow.
B. 
In summary, all proposed easements must be submitted to the Town's Building Department, with map, description, easement form, transfer gains affidavit and filing fees. The Town will assign a control number, and the complete package will be submitted to the Attorney for the Town for review.
C. 
Once approved, the easement will be filed in the Wayne County Clerk's office by the Attorney for the Town, and proof of such will be filed with the Town Clerk.
D. 
Proof of easement filing with the Wayne County Clerk's office must be provided to the Town Clerk prior to final Planning Board signature of any site plan or subdivision plat.
Before any construction begins on a subdivision or facilities to be dedicated to the Town, a preconstruction meeting must be held to address the plans and intended improvements. The preconstruction meeting must be coordinated by the applicant, and it is the applicant's responsibility to ensure that all necessary parties are in attendance, i.e., all approving agencies and utility companies. Furthermore, it is imperative that a written construction schedule be supplied at the preconstruction meeting. The installation of improvements and development of any land shall be subject to construction observation at all stages by representatives of the Town. For such purposes, free access shall be accorded and requested information shall be promptly submitted. All costs of construction observation, including testing of materials, shall be paid for solely by the developer. A sufficient sum shall be provided by the developer in either the letter of credit or cash for the project observation costs. Note: The preconstruction meeting may be held prior to obtaining all agency approvals; however, no construction will be permitted until such time that all required approvals are obtained.
A. 
Letters of credit.
(1) 
The procedure required for the release of funds is as follows:
(a) 
Submission of periodic construction estimates by the contractor to the developer and the design engineer.
(b) 
The site shall be reviewed by the Town's and developer's agents to review the comparison of the work complete to the monetary value of the requested release of funds.
(c) 
The developer's engineer, developer, and Town Engineer shall approve, in writing, up to 90% of the total amount of an item. (See Appendix B for typical example of release form.)[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(d) 
The Town Engineer shall then submit the proposed estimate to the Town's Fiscal Officer for the final authorization of release of funds from the letter of credit. Approval by the Town officials for authorized periodic payments is not to be construed as acceptance of the work completed to date.
(e) 
Partial release from the letter of credit may be granted by the Town Fiscal Officer as individual components of the subdivision development are completed. This shall not be construed as final acceptance of the work by the Town.
(2) 
If the required improvements are not completely installed within the period fixed or extended, the Town Fiscal Officer may declare the letter of credit in default and collect the amount payable thereunder. Upon receipt of such amount, the Town shall cause to install such improvements as were covered by the letter of credit and as commensurate with the extent of building development that has taken place in the subdivision, not exceeding in cost, however, the amount collected upon the letter of credit.
B. 
Release of retainage. Retainage release shall be considered by the Town Board after the systems have been tested and found acceptable by the Town's representatives.
C. 
Release of maintenance bond. Release of the maintenance bond shall be authorized in writing by the Town's Fiscal Officer upon final review of the project site by Town authorities. This review will be completed at least one month before the expiration of the bond.
The regulations contained in these specifications for the design and construction of land development shall apply to all public works improvements within the Town of Ontario. The Planning Board, with due cause and justification, can waive requirements set forth in these regulations by a majority vote of the Board. Reasons supporting such waiver shall be duly recorded in meeting minutes at such time as any waivers are granted.