The Planning Board, in reviewing an application for approval
of a subdivision plat, shall be guided by the considerations and standards
presented in this article. In its review, the Planning Board shall
take into consideration the prospective character of the development
and require that subdivision improvements be designed to such standards
as are consistent with reasonable protection of the public health,
safety, or welfare.
[Amended 12-28-2007 by L.L. No. 5-2007]
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter
187, Stormwater Management, Article
III, and Chapter
217, Zoning, Article
X, the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira, shall be required for approval of a subdivision plat. The SWPPP shall meet performance and design criteria and standards set forth in the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira. The approved subdivision plat shall be consistent with the provisions of the Stormwater Management and Erosion and Sediment Control Law of the Town of Elmira.
Easements within the subdivision shall be provided where required
for stormwater management facilities, sanitary sewers, other utilities,
or pedestrian traffic. The designation of any such easement on a subdivision
plat shall constitute a restriction against the location of any building
or conflicting use on such easement. Such easements shall generally
be not less than 20 feet wide. Easements for natural watercourses
for constructed channels shall be provided as needed, with the required
width based on the needed cross-section of channel to pass the design
flow specified in the Stormwater Management and Erosion and Sediment
Control Law of the Town of Elmira.
Pursuant to § 277 of the Town Law, subdivision plats
shall provide that lands comprising up to 10% of the gross site area
that are suitable areas for neighborhood parks or playgrounds be reserved
or dedicated to such purposes in conformance with the Town Comprehensive
Plan.
A. General guidelines. When such recreation areas are required by the
Planning Board, they shall be provided on the basis of at least two
acres for every 50 dwellings to be accommodated within the subdivision.
Subdivisions with lots of one acre or more may not be required to
provide recreation areas.
B. Payment-in-lieu. If the Planning Board determines that a suitable
park or parks of adequate size cannot be properly located in any such
plat or that it is otherwise impractical, the Board may require as
a condition of approval of such plat a payment to the Town in an amount
to be set by the Town Board. Such sum shall be paid to the Code Enforcement
Officer at the time of the issuance of a building permit for new residential
construction. Such sums shall be deposited with the Town Clerk and
shall be used exclusively to purchase, develop and equip parks, playgrounds
and other recreational uses.
C. All lands proposed for park or recreation purposes shall meet the
following minimum standards:
(1) Such land shall either be deeded to the Town or be held in corporate
ownership and maintained by an established organization.
(2) Such lands shall have physical characteristics and locations which
render them readily usable for appropriate recreation purposes, and
their locations shall be selected with a view to minimize hazards
and vehicular traffic for children walking.
(3) No such area may be smaller than two acres; and in general, recreation
areas shall be located at a suitable place on the edge of the development
so that additional land may be added at such time as the adjacent
land is developed.
(4) A detailed development plan shall be provided for each neighborhood
park or playground. As a minimum, the development plan shall provide
for an approximately level area at least 175 feet square for children's
field games.
(5) The development plan shall show how the entire area is to be graded,
drained, and landscaped to make it a useful and attractive feature
of the neighborhood.
(6) All improvements shown on the site development plan shall be made
by the subdivider as part of the required improvements of the subdivision
as a whole.
No person, firm or corporation shall construct or locate any
driveway entrance or exit into a road in the Town of Elmira without
having first met the provisions of this section.
A. All work and materials shall be furnished as required to meet the
conditions set by the Highway Superintendent and County and State
Highway Departments.
B. No alteration or addition shall be made to any driveway without first
securing permission from the Highway Superintendent.
C. No driveway shall have an average grade that exceeds 10%.
D. The slope of a nonresidential use driveway shall not exceed 2% within
25 feet of the intersecting public road.
E. No more than two driveways to a single commercial establishment entering
on one road shall be permitted.
F. No commercial drive shall be located within 40 feet of any intersection.
G. Maximum width. The width shall be measured at the right-of-way line.
(1) Residential use: single entrance or exit shall be not more than 20
feet wide.
(2) Nonresidential use: entrance or exit shall be not more than 30 feet
wide for a one-way, single entrance, or 50 feet wide for a two-way,
double entrance commercial use.
H. The minimum width for all uses shall be 10 feet.
I. The driveway shall be constructed with a suitable crown so as to
lessen the erosion effect of surface runoff. In addition, as specified
by the appropriate Highway Superintendent, a catch basin at a point
near the intersection of the driveway and road may be required. This
will prevent surface water and debris from being discharged onto the
road.
J. No driveway or other means of access for vehicles, other than a public
road, shall be maintained or used in an A, AA, AAA, or ARA Residential
District.
The Town of Elmira is characterized by numerous steep slope
(10% or greater) areas. Special design treatment for roads, building
sites, and other development is needed to preserve the natural terrain,
trees, scenic views, etc. Development on steep slopes will be permitted
subject to the following guidelines:
A. Development proposals shall be of sufficient detail to show site
work (cut and fill), housing site location, erosion and drainage control
measures (terraces, sediment basins, diversions, retaining walls,
stream channel improvement, etc.) and road location (including cross-sections).
B. Padding, which is the creation of level building sites, shall be
permitted only when it can be clearly demonstrated by exhibits that
the final treatment of the site will not reflect an unfavorable environmental
impact and/or an unfavorable visual appearance.
C. Design principles shall include, but not be limited to, the following:
(1) Landscaping of areas around structures making them compatible with
the natural terrain.
(2) Shaping, grouping and placement of man-made structures to complement
the natural landscape.
(3) Arrangement of buildings so they complement one another to promote
visual interest.
(4) Shaping of essential grading to complement existing land forms and
prohibit any appearance of successive padding, terracing or other
similar forms for building sites in the steep slope areas.
(5) Development of off-road parking bays.
(6) Use of turning circles at mid-block points to avoid the use of private
driveways for turning and parking movement.
(7) Encouragement of split-level building sites.
(8) Use of one-way roads when consistent with traffic safety, circulation
needs, and natural topography. This guideline allows for smaller road
rights-of-way, less cut and fill within a given area and a highway
network consistent with the natural terrain. Roads shall be parallel
with the hillside wherever possible and have variable width rights-of-way.
This not only provides the most economical routing, but also minimizes
the amount of grading required.
(9) Land within the hill area that is in excess of 25% slope shall not,
to the greatest extent possible, be developed.
The Planning Board may, as a condition of site plan approval,
require that specific environmentally sensitive areas be designated
for nondevelopment or open space purposes. Such designation shall
depend upon the magnitude and character of the sensitive site features.
The Planning Board may consider the designation of certain site areas
for recreation purposes.
A. Lands proposed for open space purposes shall be those lands that
exhibit significant environmental constraints and are, therefore,
not suitable for development purposes, shall either be offered to
the Town for dedication, or be held in corporate ownership and maintained
by an established organization if the Town does not accept dedication.
B. Lands proposed for park or recreation purposes shall meet the following
minimum standards:
(1) Such land shall either be offered to the Town for dedication or be
held in corporate ownership and maintained by an established organization.
(2) Such lands shall have physical characteristics and locations which
render them readily usable for appropriate recreation purposes, and
their locations shall be selected with a view to minimize hazards
and vehicular traffic for children walking between such facilities
and their homes in the neighborhood.
(3) Any such area shall be located at a suitable place on the edge of
the development so that additional land may be added at such time
as the adjacent land is developed.
(4) A detailed development plan shall be provided for each neighborhood
park or playground. As a minimum, the development plan shall provide
for an approximately level area at least 2,000 square feet in size
and proposed play structures/activities.
(5) The development plan shall show how the entire area is to be graded,
drained, and landscaped to make it a useful and attractive feature
of the neighborhood.
C. The Planning Board may accept an applicant's offer of a payment-in-lieu-of-parklands
setaside if it determines that the site is not appropriate for parkland
use or that parklands are not needed in the site area.
D. All multiunit developments shall provide a minimum of 5% of the site
area designed and developed for recreational uses.