The Town Board of the Town of Elmira, in accordance with §§ 276 through 278 of Article 16 of the Town Law of the State of New York, and by resolution adopted on August 18, 1997, has assigned to the Planning Board the responsibility and authority to review and approve or disapprove plans for land subdivision within the Town which show lots, blocks or sites, with or without new streets or highways. Pursuant to the above authority, the Planning Board has prepared and the Town Board has adopted this chapter, setting forth procedures and standards to be followed in the preparation and review of preliminary layouts and subdivision plats. By the same authority, using procedures set forth in these regulations, the Planning Board has the power and authority to pass on and approve the development of plats already filed in the office of the Clerk of Chemung County if such plats are entirely or partially undeveloped.
The purpose of establishing this chapter is to provide for the orderly growth and development of the Town and to afford adequate facilities for the housing, transportation, distribution, comfort, convenience, health, safety and welfare of the Town's population. This chapter establishes requirements for approval of subdivision plats, including a description of maps and supporting materials which the Planning Board requires to carry out its responsibilities under these regulations. The review and approval procedures contained herein are designed to safeguard the community.
In order that land may be subdivided in accordance with this purpose, this chapter is hereby adopted, and shall be known and may be cited as the "Subdivision Local Law of the Town of Elmira" upon the adoption of this chapter by the Town Board.
Where the regulations of this chapter impose greater restrictions than are imposed by the provisions of any law, ordinance, regulation or private agreement, these regulations shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by these regulations, such greater restrictions shall govern.
A. 
It is declared to be the policy of the Planning Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the Town and in a manner that is reasonable and in the best interests of the community. The Planning Board shall require the subdivider to complete said approved subdivision or section thereof as filed within a period agreed upon by the subdivider and the Planning Board.
B. 
The Planning Board will be guided in its consideration of an application for the subdivision of land by the following general requirements:
(1) 
The physical characteristics of the land to be subdivided shall be such that it can be used for building purposes without danger to health and safety, or peril from fire, flood or other menace. Proper provision shall be made for drainage, water supply, sewage and other needed improvements. All parcel developments shall meet Town, county, state, and federal health requirements.
(2) 
Natural and historic features shall be preserved. Insofar as possible, all existing features of the landscape such as large trees, rock outcrops, unusual glacial formations, water- and flood courses, historic sites and other such irreplaceable assets shall be preserved.
(3) 
Subdivision plans shall conform to the Town Comprehensive Plan. They shall be in conformance with Chapter 217, Zoning, and shall be properly related to the Town Comprehensive Plan as it is developed and used for guidance by the Planning Board, either with or without formal adoption. Roads shall be of such width, grade and location as to accommodate the prospective traffic, account for topographic relief and to facilitate fire protection according to highway specifications. Park areas of suitable location, size and character for playground or other recreational or open space purposes shall be shown on the subdivision plat in proper cases and when required by the Planning Board.
Whenever access to a subdivision can be had only across land in another municipality, the Planning Board may request assurance from the Elmira Town Highway Superintendent that the access road is adequately improved or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines shall be laid out so not to cross Town boundary lines.
For a resubdivision, the same procedures shall apply as for a subdivision. If the proposed resubdivision consists solely of the simple alteration of lot lines with no major changes in lot sizes, access, proposed roads, sewage disposal systems and/or public facilities, then normal subdivision procedures may be waived at the discretion of the Planning Board.
Where, due to topography or other conditions especially affecting the land being subdivided, a strict enforcement of this chapter would result in practical difficulty, unnecessary hardship, or conflict with other requirements in such subdivision deemed to be of greater benefit or importance, the Planning Board may vary the application of these regulations in harmony with its general purpose and intent. The approval of any such waiver shall be included in the approval of the subdivision plat by the Planning Board, and the Planning Board shall state in the minutes its reasons for granting such waiver.
A. 
Any person, firm or corporation who or which violates, disobeys, neglects or refuses to comply with or resists enforcement of any of the provisions of this chapter or any conditions imposed by the Planning Board or Zoning Board of Appeals shall be guilty of an offense and subject to a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for 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 of any violation or threatened violation of any provision of this chapter or conditions imposed by the Planning Board, Zoning Board of Appeals or Code Enforcement Officer, in addition to the other remedies herein provided, the Town Board may institute such appropriate action and proceeding to prevent such unlawful action, or to restrain, correct or abate such violation.