A.
The Town Board of the Town of Lima, pursuant to §§ 274-a, 276 and 277 of the Town Law of the State of New York, hereby authorizes the Planning Board of the Town of Lima to review and approve, with modifications, or disapprove plats and site plans prepared to specifications set forth in Chapter 250, Zoning, of the Town of Lima, these regulations and/or regulations of the Planning Board, showing the arrangement, layout and design of the proposed use of the land shown on such plan, including lots, blocks or sites, with or without streets or highways, within the Town of Lima and outside the limits of the Incorporated Village of Lima.
A.
It is the policy of the Planning Board to consider land and subdivision
plats as part of a plan for the orderly, efficient and economical
development of the Town. This means, among other things, that the
Planning Board shall assure that land to be subdivided shall be of
such character that it can be used safely for building purposes without
damage to the environment or to health or peril from fire, flood or
other menace and shall assure that proper provisions shall be made
for drainage, water supply, sewage and other needed improvements.
B.
All proposed lots shall be so laid out and of such a size as to be
in harmony with the development pattern of neighboring properties;
the proposed streets shall compose a convenient system conforming
to the Official Map, if such exists, and shall be properly related
to the proposals shown on the Comprehensive Plan, if such exists,
and shall be of such width, grade and location as to accommodate the
prospective traffic, to facilitate fire protection and to provide
access of fire-fighting equipment to buildings; and proper provision
shall be made for open spaces for parks and playgrounds.
In order that land subdivisions may be made in accordance with
this policy, these regulations, which shall be known as and which
may be cited as the "Town of Lima Land Subdivision Regulations," shall
be adopted.
Whenever access to a subdivision can be had only across land
in another municipality, the Planning Board may request assurance
from the Lima Town Attorney that access is legally established and
from the Lima Town Engineer that the access road is adequately improved
or that a performance bond has been duly executed and filed with the
Town of Lima and is sufficient in amount to assure the construction
of the access road. In general, lot lines should be laid out so as
not to cross Town boundary lines or zoning district lines.
For a resubdivision, the same procedure shall apply as for a
subdivision. If the proposed resubdivision consists solely of the
simple alteration of lot lines, then normal subdivision procedures
may be waived at the discretion of the Planning Board.
The Planning Board is hereby authorized to establish design
criteria and construction specifications for development in the Town
of Lima to supplement the "Town of Lima Land Subdivision Regulations,"
which criteria and specifications shall be consistent with the regulations
and shall be the guideline for subdividers and for the Planning Board
in developing, reviewing and approving plats and site plans.
A.
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, Comprehensive Plan or Chapter 250, Zoning.
B.
Where the Planning Board finds that, due to the special circumstances
of a particular plat, the provision of certain required improvements
is not requisite in the interest of the public health, safety and
general welfare or is inappropriate because of inadequacy or lack
of connecting facilities adjacent or in proximity to the proposed
subdivision, it may waive such requirements subject to appropriate
conditions.
C.
In granting waivers, the Planning Board shall require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so varied or modified.
Where the conditions imposed by any provision of this chapter
are more restrictive than comparable conditions imposed by any other
provisions of these regulations or of any other ordinance resolutions
or regulations, the provisions which are more restrictive shall govern.
These regulations may be amended from time to time upon petition
by the Town Board, any property owner or the Planning Board. Such
amendment shall be accomplished in the same manner as adoption of
the regulations.
No building permit shall be issued by the Code Enforcement Officer
of the Town of Lima or by the Planning Board in a subdivision, as
defined by this chapter, without full compliance with the conditions
and requirements of this chapter.
A.
A violation of this chapter is hereby declared to be an offense punishable
by a fine not to exceed $350 or imprisonment for a period not to exceed
six months, or both, for a conviction of a first offense; for a conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $350 nor more
than $700 or imprisonment for a period not to exceed six months, or
both; and upon conviction of a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. Each week's continued
violation shall constitute a separate additional violation.
B.
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained or any building, structure or land
is used or any land is divided into lots, blocks or sites in violation
of this chapter or of any regulations made under authority conferred
hereby, the Code Enforcement Officer of the Town, in addition to any
other remedies, may institute any appropriate action or proceeding
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, use or division of land to restrain, correct
or abate such violation, to prevent the occupancy of said building,
structure or land or to prevent any illegal act, conduct, business
or use in or about such premises; and upon the failure or refusal
of the Code Enforcement Officer of the Town to institute any such
appropriate action or proceeding for a period of 10 days after written
request by a resident taxpayer of the Town so to proceed, any three
taxpayers of the Town residing therein who are jointly or severally
aggrieved by such violation may institute such appropriate action
or proceeding in like manner as the Code Enforcement Officer of the
Town is authorized to do.
