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.
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.