Whenever any subdivision of land is proposed, before the conveyance
or delivery of any title, deed or any other instrument that conveys
equitable title, before any permit for the erection of a permanent
building in such proposed subdivision shall be granted, and before
any subdivision plat may be filed in the office of the Chemung County
Clerk, the subdivider or his authorized agent shall apply for and
secure approval of such proposed subdivision in accordance with the
procedures outlined in this chapter. The subdivider or his duly authorized
representative shall attend a regular monthly meeting of the Planning
Board to discuss the requirements of this chapter and/or to submit
a concept plat.
A.
The purpose of the optional concept plat procedure step is to afford the subdivider an opportunity to consult early and informally with the Planning Board. Classification as to whether the application is a minor or major subdivision as defined in this chapter will be made by the Planning Board at the time of this submittal. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the concept plat is classified as a major subdivision, the subdivider shall then comply with the procedure outlined in § 198-15 of this chapter. If it is classified as a minor subdivision, the subdivider shall then comply with the procedures outlined in § 198-14. The Planning Board shall determine whether the concept plat meets the purposes and specific requirements of this chapter, and shall notify the subdivider in writing of its findings, including any recommended modifications to the concept plat.
B.
Requirements. A concept plat may be prepared and 11 copies submitted to the Planning Board. The concept plat shall comply substantially with the requirements set forth in Subsection C of this section. One copy of the concept plat shall be returned to the subdivider with a copy of the appropriate meeting minutes; one copy shall be retained by the Planning Board; and one copy shall be used for necessary coordination with other agencies. Before preparing a concept plat, the subdivider may discuss with the Planning Board and, if directed to do so, with the Town's consultants, the general requirements as to design of roads, reservations of land, preservation of natural and/or historic features, drainage, sewerage, water supply, fire protection, and other improvements as well as procedural matters. Subdividers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Department of Public Works at the concept plat stage in order to resolve problems of road openings or stormwater drainage at the earliest possible stage in the design process. The Planning Board shall study the concept plat of a proposed subdivision in relation to existing and potential development of the adjacent area, the Town and County Comprehensive Plans, Chapter 217, Zoning, of the Code of the Town of Elmira, and in the course of its review may consult with other interested public agencies.
C.
Specifications for concept plat. The concept plat shall be drawn
on paper or other suitable material at a standard scale of not more
than 200 feet to the inch and shall include the following information.
The Planning Board may, at its discretion, waive any and all submittal
requirements that are clearly not relevant to the application and/or
site.
(1)
A location map showing the boundaries of the total tract in relation
to adjoining streets; schematically, the locations of the nearest
water and sewer lines; parks and playgrounds within 1/4 mile (1,320
feet) of the proposed subdivision; and other public facilities as
appropriate.
(2)
Title of the sketch, including name and address of the subdivider.
(3)
North point, scale and date.
(4)
Boundaries of the tract to be subdivided, plotted to scale. If the
subdivider intends to develop the tract in stages, the entire tract
shall nevertheless be included in the concept plat.
(5)
A USGS topographic survey showing ground contours adjacent to and
within the tract to be subdivided at intervals of not more than 20
feet of elevation, and all pertinent topographic and planimetric features
within and adjoining the tract, including existing streets, existing
buildings, watercourses and their one-hundred-year flood limits, slopes
15% or greater, water bodies, wetlands, wooded areas, and individual
large trees (12 inches in diameter at breast height). Other features
to be retained in the subdivision should be so indicated.
(6)
The approximate lines of proposed roads, lots, sidewalks and neighborhood
recreation areas or other permanent open space.
(7)
Schematic indication of proposed system for stormwater drainage.
(8)
Statement as to proposed source of water supply and method of sewage
disposal.
(9)
Indication of the zoning of the tract and any other legal restrictions
of use.
(10)
Name or names of the landscape architect and/or licensed professional
engineer and licensed land surveyor responsible for the preparation
of the concept plat and related documents.
(11)
Names of adjoining property owners and tax parcel identification
numbers, and/or names of adjacent subdivisions.
(12)
A completed copy of the appropriate State Environmental Quality
Review (SEQR) environmental assessment form.
Within either six months after classification of the concept
plat as a minor subdivision, or submittal to the Planning Board of
a subdivision plat determined by that Board to be a minor subdivision,
the subdivider shall submit an application and a subdivision plat
for approval. The plat shall conform to the layout shown on the concept
plat plus any recommendations made by the Planning Board. A fee as
determined by the Town Board shall accompany the submission.
A.
Submission of subdivision plat. For the purpose of these regulations,
the submission date for review shall be taken as the date of the first
regular Planning Board meeting following plat submission to the Code
Enforcement Officer (CEO). Eleven copies of the subdivision plat shall
be presented to the CEO in accordance with the adopted Planning Board
agenda deadlines. The CEO shall verify the completeness of the submission
and refer it to the Planning Board for review. The CEO shall notify
the applicant as to the date of the meeting at which the proposal
will be discussed. The subdivider, or his duly authorized representative,
shall attend the monthly meeting of the Planning Board at which the
subdivision plat is to be considered.
B.
Submission requirements for minor subdivision. A subdivision plat
for a minor subdivision shall be drawn on paper or other suitable
material at a standard scale of not more than 50 feet to the inch.
The following design criteria and information shall be incorporated
on the plat. The Planning Board may, at its discretion, waive any
and all submittal requirements that are clearly not relevant to the
application and/or site.
(1)
A location map showing the boundaries of the total tract in relation
to adjoining streets; schematically, the locations of the nearest
water and sewer lines; parks and playgrounds within 1/4 mile (1,320
feet) of the proposed subdivision; and other public facilities as
appropriate.
(2)
The dimensions and arrangements of lots, which shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in providing access to buildings on such lots or in securing building permits to build on the lots in compliance with Chapter 217, Zoning, of the Code of the Town of Elmira. In general, side lot lines shall be at right angles or radial to road rights-of-way (ROW), unless a variation from this can be shown to result in a better plan.
(3)
A copy of such covenants or deed restrictions as are intended to
cover all or part of the tract.
(4)
An actual field survey of the boundary lines of the tract and lots,
giving complete descriptive data by bearings and distances, made and
certified to by a licensed land surveyor. The corners of tract shall
also be located on the ground and marked by monuments, and shall be
referenced and shown on the plat.
(5)
Proposed subdivision name, name of the town and county in which it
is located.
(6)
The date, North point, map scale, and name and address of record
owner and/or subdivider, owner of parcel to be subdivided.
(7)
Location of all existing and proposed access to existing roads.
(8)
Proposed system for stormwater drainage and supporting data or drainage
report upon which design is based.
(9)
Location and design of proposed source of water supply and method
of sewage disposal. If private, on-lot sanitary sewage disposal is
proposed, the endorsement and approval of the design of same shall
be provided from the Chemung County Health Department.
(10)
A topographic survey showing ground contours adjacent to and
within the tract to be subdivided at intervals of not more than 20
feet of elevation, and all pertinent topographic and planimetric features
within and adjoining the tract, including existing roads, existing
buildings, watercourses and their one-hundred-year flood limits, areas
of slope 15% or greater, water bodies, swamps, wooded areas, and individual
large trees (12 inches' diameter at breast height). Other features
to be retained in the subdivision should be so indicated.
(11)
In order to ensure that the land will be developed with a minimum
amount of soil erosion, the Planning Board shall require the developer
to follow certain erosion control practices. Both the Planning Board
and the developer may consult with the Natural Resources Conservation
Service, as required, and the Natural Resources Conservation Service
shall determine whether or not the required procedures are being put
into practice.
(12)
Location of any outstanding natural features, wetlands, water
bodies.
(13)
Names of adjoining property owners and tax parcel identification
numbers, and/or names of adjacent subdivisions.
(14)
Location of existing buildings and proposed building envelopes
on each lot, showing required setbacks and other pertinent data.
(15)
Location, arrangement and design of any proposed sidewalks,
streetlighting, street trees and curbs.
C.
Coordination with the State Environmental Quality Review Act (SEQR).
The Planning Board shall comply with all of the provisions of SEQR
and its implementing regulations in the review and approval of a minor
subdivision. SEQR time frames shall be coordinated in the subdivision
review process in the following manner:
(1)
Complete plat. A subdivision plat shall not be considered complete
until a negative declaration has been filed or until a notice of completion
of a draft environmental impact statement (DEIS) has been filed in
accordance with the provisions of SEQR.
(2)
Public hearing. When an environmental impact statement is required,
and a public hearing on the DEIS is held, the Planning Board shall
hold both public hearings within 62 days of the filing of the notice
of completion on the DEIS.
(3)
Decision. When an environmental impact statement is required, the
Planning Board shall make a decision on the subdivision plat within
30 days of the filing of a notice of completion on the final environmental
impact statement (FEIS).
D.
Public hearing. If the application for minor subdivision is complete
and satisfactory, the Planning Board shall schedule a public hearing
within 62 days from the date of submission. The hearing shall be advertised
at least five days before its scheduled date in a newspaper of general
circulation in the Town. The Planning Board shall also, at its discretion,
use best efforts to notify all property owners within 500 feet of
the subdivision proposal. Such notification may be required of the
applicant.
E.
Notification of decision on plat.
(1)
The Planning Board shall, within 62 days from the date of the public
hearing, act to approve, conditionally approve with modification or
approve the subdivision plat. This time may be extended by mutual
consent of the subdivider and the Planning Board or as specified to
comply with the requirements of SEQR.
(2)
Failure of the Planning Board to act within such time shall constitute
approval of the plat.
(3)
Upon granting approval, with or without modification, to the plat,
the Planning Board shall empower a duly authorized officer to sign
the plat upon compliance with such conditions and requirements as
may be stated in its resolution of conditional approval.
After the Planning Board has determined, either at the concept plat review or, if no concept plat is submitted, on the basis of a preliminary plat application, that the subdivision is a major subdivision (refer to § 198-13), the subdivider or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedures:
A.
Submission of preliminary plat. A preliminary plat layout shall be
prepared and submitted to the CEO for all proposed major subdivisions,
and shall be subject to the following:
(1)
For the purpose of this chapter, the review time shall begin from
the first regularly scheduled Planning Board meeting following the
submission of the proposed preliminary plat to the CEO.
(2)
A fee as determined by the Town Board shall accompany the submission.
(3)
The preliminary plat layout shall satisfy the submission requirements as described in Subsection B and shall comply with the recommendations made by the Planning Board in its report on the concept plat, if any.
(4)
Eleven copies of the preliminary plat layout and supplementary material specified shall be submitted to the CEO in accordance with the schedule outlined in § 198-14A.
(5)
The subdivider or his duly authorized representative shall attend
the monthly meeting of the Planning Board at which the subdivision
proposal is to be considered.
(6)
The Planning Board shall study the preliminary layout in connection with the topography of the area, existing requirements of Chapter 217, Zoning, the Comprehensive Plan, and the Town Official Map, if any, and shall take into consideration the general requirements of the Town. Particular attention shall be given to the suitability of the land for development, the layout of proposed roads to make sure that adequate provision has been made for accommodating the prospective traffic, provisions for stormwater drainage, sewage disposal and the adequacy of proposed sites for parks, playgrounds, and other community facilities.
B.
Submission requirements for preliminary plat. The preliminary layout
shall be drawn on one or more sheets of reproducible material and
shall be clearly marked as "Preliminary Layout," be drawn at a standard
scale of not more than 50 feet to one inch and shall include the information
listed below. If more than one sheet is required to show an entire
tract, an index map shall be provided.
(1)
A location map showing the boundaries of the total tract in relation
to adjoining streets; schematically, the locations, if within one
quarter of a mile (1,320 feet), of the proposed subdivision of the
nearest elementary school; water and sewer lines; parks and playgrounds
and other public facilities, such as shopping, churches, and public
transportation routes as appropriate.
(2)
An actual field survey of the boundary lines of the tract and lots,
giving complete descriptive data by bearings and distances, made and
certified to by a licensed land surveyor. The corners of tract shall
also be located on the ground and marked by monuments, and shall be
referenced and shown on the plat. If the subdivider intends to develop
the tract in stages, the entire tract shall nevertheless be included
in the preliminary layout.
(3)
A copy of such proposed covenants or deed restrictions as are intended
to cover all or part of the tract.
(4)
Title of the subdivision, including name and address of the subdivider,
who shall have some interest in the land, or the owner of parcel to
be subdivided.
(5)
North point, scale, date, and location map.
(6)
A topographic survey showing ground contours adjacent to and within
the tract to be subdivided at intervals of not more than two feet
of elevation, and all pertinent topographic and planimetric features
within and adjoining the tract.
(7)
Existing roads, existing buildings, watercourses and their one-hundred-year
flood limits, areas of slope 15% or greater, water bodies, wetlands,
wooded areas, individual large trees (12 inches' dbh), and all certified
Agricultural District boundaries within 500 feet of the proposed subdivision
boundaries. Other features to be retained in the subdivision should
be so indicated.
(8)
Names of owners and tax parcel identification numbers of adjacent
land or names of adjacent subdivisions.
(9)
Indication of the zoning of the tract and any other legal restrictions
of use.
(10)
The plat shall be prepared by a professional engineer or architect
licensed to practice in New York State. The plat shall bear the name
or names of the architect and/or professional engineer and licensed
land surveyor responsible for the preparation of the preliminary layout,
and appropriate seals.
(11)
The approximate lines and areas of proposed lots, including
required setbacks, which shall be numbered and the location of existing
or proposed access to public road(s) from all lots.
(12)
The dimensions and arrangements of lots, which shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in providing access to buildings on such lots or in securing building permits to build on the lots in compliance with all requirements of Chapter 217, Zoning. In general, side lot lines shall be at right angles or radial to road ROW, unless a variation from this can be shown to result in a better plan.
(13)
Existing drains, water lines, hydrants and sanitary sewers nearby
and within the tract to be subdivided, with their location, size,
type and approximate elevations and gradients, using mean sea level
as datum plane; also, existing easements for such facilities.
(14)
Width and location of any existing roads or public ways, the
approximate lines, gradients and road profiles of all proposed roads
and sidewalks and the names of proposed roads.
(15)
Location of all existing buildings and proposed building envelopes,
indicating setback dimensions and other pertinent data. If a proposed
lot contains one or more existing buildings, the proposed setback
dimensions for such buildings shall be indicated. Buildings on each
lot showing setback and other pertinent data.
(16)
Location of any outstanding natural site features, including
wooded areas, steep slopes, individual large trees, etc.
(17)
The approximate locations and dimensions of areas proposed for
neighborhood parks or playgrounds, or other permanent open space.
(18)
Statement as to proposed source of water supply and method of
sewage disposal. If private, on-lot sanitary sewage disposal is proposed,
the necessary data and preliminary design of unit shall be provided
to the Chemung County Health Department. Design and profiles of all
proposed water and sewer lines.
(19)
Proposed system for stormwater drainage, indicating the approximate
location and size of proposed facilities, their profiles, and connection
to existing lines or alternate means of control; when requested by
the Planning Board, a drainage report presenting plan and supporting
data for stormwater drainage and erosion control provisions within
the subdivision, including:
(a)
Plan, profiles, and typical and special cross-sections of proposed
stormwater drainage facilities.
(b)
Supporting final design data and copies of computations used
as a basis for the design capacities and performance of the drainage
facilities.
(c)
Subdivision grading plan developed to suitable contour interval
with grading details to indicate proposed street grades and elevations
and building site grades and elevations through the subdivisions.
(d)
If the subdivision is within or adjacent to any designated floodplain,
a detailed analysis of the area with respect to the management of
the floodplain shall be included in the subdivision plat drainage
report.
(e)
Proposed method/vehicle to ensure long-term maintenance of stormwater
management system elements.
(20)
The location of any municipal boundary lines, existing special
service district lines, and zoning district lines within the tract.
(21)
Indications of all proposed nonconforming lots, showing the
required and actual areas, yards, and setbacks as applicable.
(22)
A reproducible overlay showing all soils areas and their classification
as determined by Natural Resources Conservation Service and those
areas, if any, with moderate to high susceptibility to erosion. For
areas with potential erosion problems, the overlay shall also include
and outline any description of existing vegetation and proposals for
additional planting for erosion control.
(23)
Plans and cross-sections showing proposed location and type
of sidewalks, road lighting, road trees, curbs, water mains, sanitary
sewers and storm drains, and the size and type thereof, the character,
width and depth of pavements and subbase, the location of manholes,
basins and underground conduits.
(24)
Design of any bridges or culverts which may be required.
(25)
A completed application form as provided by the Town of Elmira
and such additional explanation of the purpose of the subdivision
as appropriate.
(26)
A completed copy of the appropriate State Environmental Quality
Review Act (SEQR) environmental assessment form.
C.
Public hearing. If the application for the preliminary plat is complete
and satisfactory, the Planning Board shall schedule a public hearing
within 62 days from the time of submission. The hearing shall be advertised
at least five days before its scheduled date in a newspaper of general
circulation in the Town. The Planning Board shall require that the
applicant post a sign, provided by the Town, so that it is visible
from the public right-of-way, a minimum of 10 days prior to the hearing
date.
D.
Coordination with the State Environmental Quality Review Act (SEQR).
The Planning Board shall comply with all of the provisions of SEQR
and its implementing regulations in the review and approval of a major
subdivision. SEQR time frames shall be coordinated in the subdivision
review process in the following manner:
(1)
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 a draft environmental impact statement (DEIS) has
been filed in accordance with the provisions of SEQR.
(2)
Public hearing. When an environmental impact statement is required,
and a public hearing on the DEIS is held, the Planning Board shall
hold both public hearings within 62 days of the filing of the notice
of completion on the DEIS.
(3)
Decision. When an environmental impact statement is required, the
Planning Board shall make a decision on the preliminary plat within
30 days of the filing of a notice of completion on the final environmental
impact statement (FEIS).
E.
Decision on preliminary plat.
(1)
Within 62 days after the public hearing for the preliminary plat,
the Planning Board shall act upon it. The Planning Board's action
shall be to approve, conditionally approve, or deny the preliminary
plat. When granting approval of a preliminary plat, the Planning Board
shall state the conditions for such approval, if any, with respect
to the following:
(a)
The specific changes which it will require in the subdivision
plat;
(b)
The character and extent of required improvements for which
waivers may have been requested and which, in its opinion, may be
waived without jeopardy to public health, safety and general welfare;
and
(c)
The amount of improvement or amount of all bonds therefor which
it will require as prerequisite to the approval of the subdivision
plat.
(2)
If the preliminary plat is disapproved, the Planning Board's
resolution shall contain the reasons for such findings. Subsequent
to the public hearing, the Planning Board may recommend to the subdivider
further study of the proposed subdivision and resubmission of the
preliminary layout to the Planning Board after it has been revised
or redesigned.
F.
Certification and filing of decision. Within five business days of
the adoption of the resolution granting approval, conditional approval
or denial of such preliminary plat, the Chairman or other authorized
representative of the Planning Board shall cause a copy of preliminary
plat and the resolution to be filed in the office of the Town Clerk.
Such plat and resolution shall be certified by the Clerk of the Planning
Board or the CEO. The subdivider will be immediately provided with
a copy of the resolution stating the action taken.
G.
Submission of final plat. After receiving conditional approval from
the Planning Board on a preliminary plat, the subdivider may prepare
the subdivision plat and submit 11 copies to the CEO for Planning
Board approval at least in accordance with the adopted Planning Board
agenda deadlines; except that if more than six months have elapsed
between the time of the Planning Board's report on the preliminary
plat and submission of the subdivision plat, and if the Planning Board
finds that conditions have changed significantly in the interim, the
Planning Board may require resubmission of the preliminary plat for
further review and possible revision prior to accepting the proposed
subdivision plat for review.
H.
Submission requirements for final plat. The subdivision plat shall
conform substantially to the preliminary plat that has received conditional
approval from the Planning Board. It should incorporate any revisions
or other features that may have been recommended by the Planning Board
at the preliminary plat stage. All such compliances shall be clearly
indicated by the subdivider on the appropriate submission.
(1)
All maps, plans and drawings submitted for final review and approval
shall be duly certified by a licensed surveyor in the case of surveys,
and a licensed professional engineer in the case of engineered drawings.
Such certifications shall expressly run in favor of the Town of Elmira.
(2)
The final subdivision plat shall also include all construction drawings,
including plans, profiles and typical cross-sections as required below,
all necessary permits from county, state, and federal authorities,
and:
(3)
If the subdivider wishes to develop the subdivision in stages, he
may prepare and submit a subdivision plat for a portion of the area
encompassed by the preliminary plat, provided the proposed development
stages were indicated on the preliminary layout reviewed by the Planning
Board.
(4)
When submitting a subdivision plat for approval, the subdivider shall
also file with the Planning Board formal offers of dedication to the
Town or other appropriate public agency of all streets, parks and
playgrounds, and other permanent open spaces for community use shown
on the subdivision plat. The approval of the plat does not constitute
an acceptance by the Town of the dedication of those facilities. Also,
the subdivider shall attach all necessary easements for stormwater
discharge, petitions for creation of any needed special districts,
or any other legal documents that may be requested by the Planning
Board.
I.
Public hearing. If the application for subdivision plat is complete
and satisfactory, a public hearing may be held within 62 days from
the time of submission on the final plat application. The Planning
Board may hold a public hearing on the subdivision plat if the Board
deems that there are substantial changes or modifications from the
approved preliminary plat.
J.
Coordination with the State Environmental Quality Review Act (SEQR). The timing modifications outlined in Subsection D of this section for a preliminary plat shall also be applicable for a subdivision plat.
K.
Decision on subdivision plat. Within 62 days from the submission
date, if no hearing is held, or in the event a hearing is held, within
62 days after the date of such hearing, the Planning Board shall approve,
modify and approve, or disapprove the subdivision plat. In reviewing
a subdivision plat, the Planning Board shall consult with the Town
consultants and such other officials or agencies as may be appropriate
in each case. The action of the Planning Board shall be recorded in
the Board's minutes, and the subdivider shall be notified of
the reasons for disapproval. Such decision or action shall be filed
in the office of the Town Clerk within five business days.
L.
Certification of plat. Within five business days of the adoption
of the resolution granting conditional or final approval of the subdivision
plat, such plat shall be certified by the Clerk of the Planning Board
as having been granted conditional or final approval, and shall be
filed in such Clerk'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 the requirements, the plat shall be signed by the duly authorized
officer of the Planning Board and a copy of such signed plat shall
be filed in the office of the Town Clerk.
M.
Default approval. In the event that the Planning Board fails to act
on a subdivision plat within the time frames prescribed therefor,
or within such extended time frames as may have been established by
mutual consent of the owner and the Planning Board, such subdivision
plat shall be deemed granted approval.
N.
Approval of plat in sections. In granting conditional or final approval
of a subdivision plat in final form, the Planning Board may permit
a plat to be subdivided and developed in two or more sections or phases.
The Planning Board may, in the resolution granting conditional or
final approval, state such requirements as it deems necessary to ensure
that orderly development of the plat be completed before said sections
may be signed by the 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.
O.
Expiration of approval.
(1)
The signature of the duly authorized officer of the Planning Board
constituting final approval by the Planning Board of a subdivision
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 subdivision
plat and the failure of the Planning Board to take action within the
time herein provided shall expire within 62 days from the date of
such approval, or from the date such certificate is issued, unless
within such sixty-two-day period such plat or a section thereof shall
have been duly filed or recorded by the owner in the office of the
County Clerk or register. In the event the owner shall file only a
section of such approved subdivision 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.
(2)
No building permit for any permanent building within the subdivision
shall be issued by the Code Enforcement Officer until the copy of
the subdivision plat has been approved by the Planning Board and has
been filed in the office of the Chemung County Clerk and liber and
page numbers have been assigned by the County Clerk. Where a permit
is desired for the occupancy of a building in the subdivision prior
to the completion of all the improvements, the road serving the building
shall be completed to a degree satisfactory to the Town Superintendent
of Highways.
A.
Performance bond. Prior to the duly authorized officer of the Planning
Board signing the subdivision plat, the subdivider shall file with
the Town Clerk, in an amount to be set by the Planning Board, a certified
check to cover the full cost of all required improvements or a performance
or completion bond to cover the full cost of all improvements. The
performance or completion bonds shall comply with § 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,
to insure installation of all improvements shown upon the subdivision
plat. A period of one year from filing of said plat, in accordance
with the standards and specifications of the Town of Elmira, but no
more than three years, shall be set forth in the bond, within which
time all required improvements shall be completed. The time limit
may be extended by the Planning Board upon written application made
not less than 30 days prior to the expiration of said period.
B.
Inspection of improvements. The Town Board shall provide for the
inspection of required improvements during and after construction
to assure that all Town specifications and requirements shall be met
during the construction of the required improvements, and to assure
satisfactory completion of the improvements and utilities as required
by the Planning Board. The subdivider shall pay an inspection fee
as set by the Town Board. Such fee shall be paid to the Town prior
to the Planning Board Chairman signing the subdivision plat.
C.
As-built drawings. The subdivider shall deliver and file with the
Town of Elmira a set of final maps, plans and drawings conforming
to those submitted for the subdivision plat approval, and certified
by a duly licensed professional engineer that all construction of
improvements was accomplished in accordance with the final subdivision
plat and plan, and said certification shall run specifically in the
favor of the Town of Elmira.
D.
Acceptance of improvements. 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 required improvements. For any required improvement not completed
or not approved, the subdivider shall file with the Town Clerk a certified
check or bond covering the cost of satisfactorily installing such
improvements
