Whenever any subdivision of land is proposed and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.
A. 
Prior to submitting a preliminary plat application for a subdivision, the subdivider may submit a sketch plan for informal review by the Planning Board. The sketch plan should show the location of the subdivision, all existing structures, wooded areas, significant physical features, available utilities and the proposed pattern of lots, drainage and sewer and water facilities.
B. 
The Planning Board shall determine whether the sketch plan meets the purposes of this subdivision regulation and shall inform the subdivider of the necessary action he should take in meeting the requirements of these regulations.
A. 
Application and fee.
(1) 
Prior to the filing of an application for the approval of a subdivision plat or site plan, the subdivider shall file an application for consideration of a preliminary plat of the proposed subdivision in the form and manner prescribed by § 220-26 of this chapter and in conformance with § 220-27 of this chapter, except where any of those provisions may be specifically waived by the Planning Board.
(2) 
The application for review of the preliminary plat shall be accompanied by a fee set from time to time by resolution of the Town Board,[1] plus an additional fee for each lot that is projected in the proposed subdivision, also set from time to time by resolution of the Town Board. The application shall also be accompanied by whatever fees are provided in the Environmental Impact Law of the Town of Lima.
[1]
Editor's Note: The fee schedule is on file in the Town offices.
B. 
Number of copies. Five copies of the preliminary plat shall be presented to the Clerk of the Planning Board at least 10 days prior to a regularly scheduled meeting of the Board.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representatives shall attend the meeting of the Board to discuss the preliminary plat.
D. 
Approval of preliminary plats.
(1) 
Submission of preliminary plats. All plats shall be submitted to the Planning Board for approval in final form; provided, however, that where the Planning Board has been authorized to approve preliminary plats, the owner may submit or the Planning Board may require that the owner submit a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this chapter.
(2) 
Coordination with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(3) 
Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
(4) 
Planning Board as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.
(a) 
Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
[1] 
If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board; or
[2] 
If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.
(b) 
Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearings if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(c) 
Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:
[1] 
If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, such Board shall make its decision within 62 days after the close of the public hearing; or
[2] 
If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statements, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.
(d) 
Grounds for decision. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.
(5) 
Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; decision.
(a) 
Public hearing on preliminary plat. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board.
(b) 
Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(c) 
Decision. The Planning Board shall by resolution approve, with or without modification, or disapprove the preliminary plat as follows:
[1] 
If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the preliminary plat.
[2] 
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.
(d) 
Grounds for decision. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.
(6) 
Certification and filing of preliminary plat. Within five business days from the date of the adoption of the resolution approving the preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval and a copy of the plat and resolution shall be filed in the Secretary's office. A copy of the resolution shall be mailed to the owner.
(7) 
Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution approving the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.
(8) 
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
(9) 
Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangements, the future development of the adjoining lands as yet unsubdivided and the requirements of the Comprehensive Plan and Chapter 250, Zoning, of the Town of Lima.
A. 
Application and fee. Within six months of the approval of the preliminary plat, the owner shall file with the Planning Board an application for approval of the subdivision plat in final form. All applications shall be accompanied by a fee set from time to time by resolution of the Town Board.[1] If the final plat is not submitted within six months of the approval of the preliminary plat, the Board may revoke the approval of the preliminary plat.
[1]
Editor's Note: The fee schedule is on file in the Town offices.
B. 
Number of copies. The subdivider shall provide the Secretary of the Board with a copy of the application and three copies (one in ink on linen or plastic) of the plat, plus the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction drawings. These documents shall be submitted at least 10 days prior to the regularly scheduled meeting of the Board.
C. 
Endorsement of state and county agencies. The application for approval of the subdivision plat in final form shall be accompanied by any and all endorsements and approvals required by local, state or federal law for sewer and water facilities.
D. 
Approval of final plat.
(1) 
Submission of final plats. Final plats shall conform to the definition provided by this section.
(2) 
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board shall by resolution conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat, within 62 days of its receipt by the Secretary of the Planning Board.
(3) 
Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.
(4) 
Final plats not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the preliminary plat approved pursuant to this subsection or when no preliminary plat is required to be submitted and a final plat clearly marked final plat is submitted conforming to the definition provided by this section, the following shall apply:
(a) 
Planning Board as lead agency; public hearing; notice; decision.
[1] 
Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on the final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
[a] 
If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat or on as-final plat when no preliminary plat is required to be submitted shall be held within 62 days after the receipt of a complete final plat by the Secretary of the Planning Board; or
[b] 
If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days of filing the notice of completion.
[2] 
Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[3] 
Decision. The Planning Board shall make its decision on the final plat as follows:
[a] 
If the Planning Board determines that the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize signing of such plat within 62 days after the date of the public hearing; or
[b] 
If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize signing of such plat.
[4] 
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board.
(b) 
Planning Board not as lead agency; public hearing; decision.
[1] 
Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Secretary of the Planning Board.
[2] 
Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[3] 
Decision. The Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat as follows:
[a] 
If the preparation of an environmental impact statement is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.
[b] 
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
E. 
Approval and certification of final plats.
(1) 
Certification of plat. Within five business days from the date of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Secretary of the Planning Board as having been granted conditional or final approval and a copy of the plat and resolution shall be filed in the Secretary's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by the Chairman or duly authorized officer of the Planning Board and a copy of such signed plat shall be filed in the office of the Secretary of the Planning Board or with the Town Clerk as determined by the Town Board.
(2) 
Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state such requirements as it deems necessary to ensure that the orderly development of the plat be completed before said sections may be signed by the Chairman or duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
(3) 
Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend, by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
F. 
Default approval of final plat. The time periods described herein within which a Planning Board must take action on a final plat are specifically intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended only by mutual consent of the owner and the Planning Board. In the event that the Planning Board fails to take action on a final plat within the time prescribed therefor or within such extended period as may have been established by the mutual consent of the owner and the Planning Board, the final plat shall be deemed as having been granted final approval. The certificate of the Town Clerk as to the date of submission of the final plat and the failure of the Planning Board to take action shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval or other evidence of approval herein required.
G. 
Filing of decision on final plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the final plat, the Chairman or duly authorized officer of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.
A. 
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1) 
In an amount set by the Board, the subdivider shall either file with the Town Clerk a certified check or a letter of credit to cover the full cost of the required improvements or the subdivider shall file with the Town Clerk a performance bond to cover the full costs of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution and surety. A period of one year (or other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
(2) 
The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check or a letter of credit covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution and surety.
(3) 
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
B. 
Modification of design improvements. If at any time, before or during the construction of the required improvements, it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this section, in writing, and shall transmit a copy of such authorization to the Planning Board at its next regularly scheduled meeting.
C. 
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall notify the Town Board, in writing, of the time when he proposes to commence construction of such improvements so that the Town Board may cause inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
D. 
Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Code Enforcement Officer and Planning Board. The Town Board shall then notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
A. 
Filing of final plat; expiration of approval. The owner shall file in the office of the County Clerk or Register such approved final plat or a section of such plat within 62 days from the date of final approval or such approval shall expire. The following shall constitute final approval: the signature of the Chairman or Acting Chairman of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk or Register of the county in which such plat or plats are located if such plats are entirely or partially undeveloped; or the certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk or Register, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk in each Town in which any portion of the land described in the plat is situated. 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 Subdivision 2 of § 265-a of the Town Law.
B. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed, in writing, on the plat, unless the said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
A. 
Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement or other open space shown on such subdivision plat.
B. 
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the Town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
[Amended 4-1-2004]
A. 
In the case of minor subdivisions as defined herein, the sketch plan as provided for in § 220-15 shall be reviewed by a committee of three persons made up of the Chairman of the Planning Board or such other representative as shall be designated by the Planning Board for the purpose, a representative of the Town Engineer and the Code Enforcement Officer or his designee. This committee shall be authorized to review all initial applications for minor subdivisions. If, by a majority vote of the committee it shall be determined that the proposed minor subdivision complies with all of the requirements for subdivision set forth in Chapter 220 of the Lima Town Code, the committee may approve the sketch plan and direct the applicant to prepare a final plat of the minor subdivision.
B. 
The committee is authorized, in its sole discretion by majority decision of its members, to refer the minor subdivision sketch plan and/or final plat to the full Planning Board for its review and consideration if a majority of the committee determines that such review is advisable or in the best interests of the Town of Lima. If no such determination is made, the committee is authorized by majority determination of its members to review and approve or deny the final plat of the minor subdivision. In all respects, the committee must comply with the requirements of this Chapter 220, except that referral of the minor subdivision application to the full Planning Board shall not be mandatory but shall be at the discretion of the committee.