In these regulations, when not inconsistent with the context:
A.
The word "lot" includes the words "plot," "parcel," "sites," or other
divisions of land.
B.
Words in the present tense imply also the future tense.
C.
The singular includes the plural, and the plural includes the singular.
D.
The male gender includes the female gender.
E.
The word "person" includes a partnership or corporation as well as
an individual.
F.
The verb "shall" is mandatory.
G.
The verb "may" is permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
The duly appointed Code Enforcement Officer of the Town of
Elmira.
A drawing prepared in accordance with § 198-13 of this chapter showing in sketch form the general manner in which a tract of land is proposed to be subdivided.
A tract of land under the control of the applicant or his
agent that is not divided by any natural or man-made barriers such
as existing roads and highways, rivers, areas with slopes greater
than 35%, and not bisected by water bodies.
Authorization by a property owner for the use by another
person of any designated part of his property for a specified purpose.
A person licensed as a professional engineer by the State
of New York.
The land-water boundary of a natural watercourse flowing
at a flood stage frequency such as ten-, twenty-five-, fifty-, or
one-hundred-year as defined in the most recently enacted mapping by
a responsible agency such as the United States Army Corps of Engineers,
National Flood Insurance Agency, the Natural Resources Conservation
Service of the United States Department of Agriculture or the Susquehanna
River Basin Commission.
A parcel considered as a unit, devoted to a specific use
or occupied by a building or a group of buildings united by a common
interest, use or ownership, which abuts and is accessible from a private
or public road.
The distance between the side lot lines measured at the minimum
front yard setback, or, in the case where a minimum front setback
is established by the Planning Board at the time of subdivision approval,
which line is further removed from the front lot line than the minimum
front yard setback established for the zoning district.[1]
Any public improvement and/or utility service that is owned,
operated and maintained by the Town of Elmira, County of Chemung or
Elmira Water Board.
A parcel of land as defined by its legal boundaries as of
the date of adoption May 19, 1975) of the original Town of Elmira
Subdivision Regulations.
Any security which complies with § 277 of the New
York State Town Law and may be acceptable to the Town Board on all
public improvements specified in these regulations to be constructed
by the subdivider. This guarantee shall be made before the Planning
Board approves the final plat.
The Planning Board of the Town of Elmira as designated by
the Town Board pursuant to § 271 of the Town Law.
A drawing prepared for major subdivision in accordance with § 198-15A of this chapter showing the approximate manner in which a tract of land is proposed to be subdivided and including preliminary design data for related improvements. This is identical to the "preliminary layout" referred to in § 276 of the Town Law.[2]
A drive that services or is designed to serve no more than
two principal uses and is built to Town specifications that remains
in the ownership of and is maintained by the developer or development
association and is not dedicated to the Town.
A road that serves one or more principal uses, that is built
to Town specifications and is dedicated to the Town for maintenance.
A change in a map of an approved or filed subdivision plat
if it involves only lot line alterations and does not cross a Town
boundary, and if such change does not affect any street layout shown
on such major area reserved there for public use; for example, the
combining of two or more approved lots into one.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way, measured at right angles to
the center line of the road.
A road or a portion of a road with only one vehicular traffic
access.
Roads intended primarily to serve as access to abutting properties.
Roads which are used or designed primarily for through or
heavy traffic and used primarily as a route for traffic between communities,
including all county and state roads.
Any person, firm, corporation, partnership, or other organization
who or which proposes any subdivision as defined herein.
The division of any original parcel of land into two or more
lots, plots, sites or other divisions of land. If a new road or extension
of an existing road or any municipal facilities are involved, any
division of an original parcel of land will constitute a subdivision.
The second lot of an original parcel creates a subdivision and all
lots are required to meet the criteria of this chapter.
Any subdivision not classified as a minor subdivision and
any third and all subsequent minor subdivisions from an original parcel
by the same subdivider.
Any subdivision of four lots or fewer, fronting on or having access from an existing road, not involving any new road or extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property as stated in § 198-14.
Drawings prepared in accordance with these regulations showing in final form, as specified in § 198-15B, a proposed subdivision of a tract of land, including all information, detail and final plans for related improvements required by law and, if approved, suitable for filing in the office of the County Clerk.
A drawing showing, at a minimum, a metes and bounds description
of a property as prepared by a professional New York State licensed
surveyor.
The Town Board of the Town of Elmira.
A plan for the development of the Town prepared by the Planning
Board pursuant to § 272-a of the Town Law.
The engineer or licensed professional engineer duly authorized
by the Town Board to review subdivision plats, make inspections, approvals,
and other determinations, and to act in the capacity specified in
this chapter.
The Zoning Law of the Town of Elmira; see Chapter 217, Zoning, of the Code of the Town of Elmira.
