This chapter is enacted pursuant to the authority granted to the Town Board in Article 16 of the New York State Town Law and § 10 of the Municipal Home Rule Law for the purpose of providing for the future growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population. By this chapter, the Planning Board is empowered to approve site plans and preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways, within that part of the Town outside the limits of any incorporated village.
This chapter shall be known as "Local Law No. 3-2026, Chapter 151, the Subdivision and Development of Land Law of the Town of Ontario."
A.
Unless specifically defined below, words or phases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and give this chapter its most reasonable application.
B.
In cases where words or phrases are not defined in this chapter but are defined elsewhere in the Town of Ontario Code, the words or phrases shall have the meaning set forth elsewhere in the Code.
C. EASEMENT FINAL PLAT FINAL PLAT APPROVAL INFRASTRUCTURE LOT LINE ADJUSTMENT PLANNING BOARD PRELIMINARY PLAT PRELIMINARY PLAT APPROVAL PRIVATE ROAD SEQRA SKETCH PLAN SUBDIVIDER TOWN ENGINEER
When used in this chapter the following terms shall have the respective meanings set forth herein, except where the context shows otherwise:
Authorization by a property owner for the use by another, for a specified purpose, of any designated part of the owner's property.
A drawing prepared in a manner prescribed by § 151-15 and the Planning Board that shows a proposed subdivision together with the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat, if such preliminary plat has been so approved.
The signing of a plat in final form by a duly authorized officer of the Planning Board pursuant to the Planning Board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed, including, where applicable, that financial security be posted as set forth in § 151-30 below. Such final approval qualifies the plat for recording in the office of the Wayne County Clerk.
Roads, drains, sewers, water mains and appurtenances thereto, both private and intended to be turned over to the Town of Ontario for maintenance and operation.
The adjustment of a property line by the relocation of a common line by the consent of all property owners where no additional lots are created. This includes the consolidation of adjacent lots (i.e., resulting in fewer lots) as a lot line adjustment.
The Planning Board of the Town of Ontario as established in Chapter 26 of the Ontario Town Code.
A drawing prepared in a manner prescribed by this chapter and the Planning Board, showing the layout of a proposed subdivisions, including but not restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities, including preliminary plan and profiles, at suitable scale in such detail as required by this chapter.
The approval of the layout of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the provisions of this chapter.
Any undedicated road serving two or more parcels or two or more independently used and occupied buildings within a residential, commercial, or industrial development.
A sketch of a proposed site plan or subdivision. The purpose of a sketch plan is to enable a developer to save time and expense in reaching general agreement with the Planning Board as to the form of the proposed layout and the objectives of this chapter prior to incurring substantial costs for preparation and review of a preliminary or final plan.
Any person, corporation, partnership or other organization which lays out any subdivision, as defined herein. The term "applicant' and "developer" may also be used to refer to a subdivider.
The duly designated Engineer of the Town of Ontario or outside Professional Engineer engaged by the Town of Ontario for a specific application.
Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Elsewhere in the Code there are references to subdivision regulations. All references to subdivision regulations are declared to be references to this chapter.
A.
The adoption of this chapter shall not affect or impair any act done or right accrued prior to the time this chapter takes effect under regulations relative to subdivisions and site plans in the Town. It is the intent of this subsection to grandfather all parcels created prior to the date of enactment of this chapter with respect to the existence of said parcel as a separate lot. However, all parcels whenever created shall be subject to the provisions of this chapter for any and all site plans and subdivisions proposed after the date of enactment of this chapter.
B.
The adoption of this chapter shall not affect or impair any act done, offense committed or right accrued or acquired liability, penalty forfeiture or punishment incurred prior to the time this chapter takes effect under the regulations relative to subdivisions and site plans in the Town.
All ordinances, local laws and regulations inconsistent herewith are hereby repealed, with the provision that violations of those ordinances, local laws or regulations and all amendments thereto shall remain violations to the extent that the matters in violation do not conform to the provisions of this chapter.
A violation of this chapter shall be punishable as an offense by a fine not to exceed $250. Each week's continued violation shall constitute a separate additional offense. In addition, the Town Board shall have such other remedies as are provided by law to enforce the provisions of this chapter.
Should a subdivision be created by deed or otherwise after the effective date of this chapter without following the rules and procedures set forth herein, then, in that event, no further permits or certificates shall be issued for the subdivided property including the original parcel from which the subdivision was created. Subdivisions of land created prior to the enactment of this chapter are not subject to the provisions of this section.
Assignment of a tax number or other mode of separate identification of a unit of land by the Assessor for the purpose of tax administration shall not be deemed to create or legitimatize a division of land otherwise invalid hereunder.
For each application for a site plan or subdivision, the Town of Ontario shall collect a fee from the applicant. The schedule of these fees is established by resolution of the Town Board and updated from time to time. In addition to the fees which are designed to reimburse the Town for expenses of review by the Planning Board, the Town Board may authorize the charging of plan-specific fees for engineering review, SEQRA review and legal review for site plans and subdivisions submitted to the Planning Board. No permit or certificate of any kind shall be issued for any parcel of land or subdivision for which there are monies due to the Town of Ontario pursuant to this chapter and resolutions enacted hereunder. Said fees shall be subject to the provisions of Article VI herein.