These regulations shall be known as the "Subdivision Control
Regulations of the Town of Spencer."
All subdivisions, as defined herein, shall be made known to
the Town Clerk by written notice. It shall be illegal to create a
subdivision development, as defined herein, in the Town of Spencer,
without the approval of the Planning Board.
The Town Board of Spencer, as empowered by Article 16 of the
Town Law of the State of New York and by resolution adopted by the
Town Board, authorizes the Planning Board of the Town of Spencer to
approve or disapprove applications for subdivision developments within
the Town of Spencer, approve or disapprove subdivision developments
already filed in the office of the Clerk of Tioga County, if such
plats are entirely or partially undeveloped, and to approve or disapprove
changes in the lines of existing streets, highways or public areas
shown on subdivision plats or maps filed in the office of the Clerk
of the County of Tioga and the laying out, closing off or abandonment
of streets, highways or public areas under the provisions of the Town
Law and/or highway laws within the Town of Spencer but outside the
limits of any incorporated village.
The purpose of these regulations is to provide for orderly and
efficient growth within the community, in accordance with duly established
community development goals and a resulting Comprehensive Plan, and
the need to protect public health, safety and environmental quality.
Accordingly, all proposed lots shall be laid out with due regard to
topography so that the natural beauty of the land and vegetation shall
be protected; so that the lots are of such size to be in harmony with
the development of neighboring properties; so that the proposed streets
shall be of such width, grade and location as to accommodate prospective
traffic and to facilitate fire protection and access of fire-fighting
equipment to buildings, provide sufficient spaces for snow removal
and ensure that proper provision shall be made for open spaces and/or
recreation areas.
The Subdivision Control Regulations shall be administered by
the Planning Board.
A.
Where the Planning Board finds that extraordinary hardships may result
from strict compliance with these regulations because of unusual circumstances,
including, but not limited to, the shape, topography or other physical
features of a subdivided tract, or because of the nature of adjacent
developments, the Planning Board may waive or vary application of
the regulation so that substantial justice may be done and the public
interest secured, provided that no such waiver shall be granted that
will have the effect of nullifying the intent and purpose of any Official
Town Map, any zoning ordinance, these regulations or any other pertinent
rules, regulations, ordinances, or local laws of the Town of Spencer.
B.
In granting waivers or variances, the Planning Board may require
such reasonable conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so waived or modified.
C.
No such waiver or variance exists, except as confirmed by written
notice from the Planning Board and resolution to that effect in approved
minutes of Planning Board meetings.
The Town Clerk is hereby directed to forthwith file a certified
copy of these regulations with the Clerk of Tioga County.
