Major subdivisions shall be processed in accordance
with all the foregoing procedures established by these regulations
for both preliminary plats and final plats.
Minor subdivisions shall be processed in the
same manner as major subdivisions with the following exceptions:
A.
The preliminary plat procedure shall not be required except for § 162-9, Preapplication information.
B.
The Planning Board shall act on the basis of the preapplication
sketch. If approved by the Planning Board, the Chairman of the Planning
Board shall sign and date the reproducible copy of the preapplication
sketch which shall be turned over to the City Engineer.
C.
The application fee for a preliminary plat shall not
be required; provided, however, that an application fee for a minor
subdivision shall be filed with the City Manager in accordance with
the fee schedule as set from time to time by resolution of the City
Council.
[Amended 4-22-1991; 6-25-2001 by L.L. No. 1-2001]
D.
No public hearing shall be required.
E.
The final plat will not be recorded with the County
Clerk.
F.
One inked drawing on tracing cloth or Mylar drafting
media and three legible black and white copies of the final plat shall
be submitted. Distribution of the approved copies shall be:
[Amended 4-22-1991; 6-25-2001 by L.L. No. 1-2001]
The preliminary plat procedure and the final
plat procedure shall not be required for lot divisions. The following
procedure shall be followed:
A.
The subdivider shall prepare a simple sketch showing
both the lot to be divided and the lot to which the parcel is to be
added. Included in the sketch shall be all dimensions of both lots,
dimensioned building outlines of all buildings on the lot to be divided
and approximate distance of building outlines from proposed new lot
boundaries.
B.
The subdivider shall present the sketch together with
proof of payment of a filing fee determined in accordance with the
schedule set from time to time by resolution of the City Council to
the Code Enforcement Officer for verification that the lot division
as presented does not violate any current zoning regulation and that
the requirements of major subdivisions and minor subdivisions do not
apply.
C.
If it is established by the Code Enforcement Officer
that no other subdivision procedure applies and that no provision
of current zoning regulations will be violated, he or she shall give
preliminary approval of the lot division by affixing his or her signature
and the date of preliminary approval to the sketch.
D.
The Code Enforcement Officer shall be provided with
a copy of the approved sketch to be retained on file until other provisions
of the procedure as hereinafter provided have been complied with.
E.
The subdivider shall have a survey of the proposed
lot division prepared by a licensed land surveyor showing the proposed
new lot lines of the lot to be divided, dimensioned outlines of all
buildings on the lot and distance of building outlines from the proposed
new lot boundaries.
F.
Three black line or blue line paper copies of the
survey bearing the seal of the licensed land surveyor shall be submitted
to the Code Enforcement Officer.
G.
The Code Enforcement Officer shall review the copies
of the survey to verify that no current zoning regulation is violated
by the proposed lot division. If no current zoning regulation is violated,
the Code Enforcement Officer shall approve the three copies of the
survey by affixing his or her signature and date of approval to each
copy of the survey. The three approved copies of the survey shall
be distributed as follows:
H.
The subdivider shall prepare or cause to be prepared
a draft deed to the portion of the lot to be transferred to the adjoining
property owner or owners. On such deed shall be stated: "This parcel
is being added to an adjoining parcel. Subsequent transfer of this
parcel except in conjunction with an adjoining parcel is a violation
of the Zoning Ordinance of the City of Batavia."
(1)
Title to the land shall not be transferred to the
adjoining property owner until approval is obtained from the Code
Enforcement Officer and a tax parcel number has been assigned by the
City Assessor.
(2)
Proof of ownership of the property shall be furnished
to the Code Enforcement Officer which may be by a certified copy of
the deed of the owner and an affidavit that the owner has not transferred
any part of such property except as stated in such affidavit.
I.
After approval by the Code Enforcement Officer, he
or she shall submit two copies of the draft deed to the City Assessor
for assignment of the tax parcel number. The City Assessor shall assign
the tax parcel number of the abutting lot to which the parcel is to
be added and affix his or her signature and date of assignment to
each copy of the draft deed. After making the assignment, the City
Assessor shall retain one copy and return the second copy to the subdivider.
J.
The subdivider shall execute and deliver to the purchaser
only a deed in the exact form as approved by the Code Enforcement
Officer. No fee shall be charged by the city for lot division.
K.
Upon receipt of a copy of the final recorded deed,
the City Assessor shall have the city tax records updated to alter
the lot lines of both the lot being divided and the abutting lot,
thereby making the transferred parcel an integral part of the abutting
lot for tax purposes.
Where the Planning Board finds that practical
difficulties or unnecessary hardship would result from the strict
compliance with these regulations, it may vary or modify the regulations
so that substantial justice may be done; the public safety and welfare
secured; and the spirit of the intent and purposes of the Official
Map, the zoning regulations, the Master Plan and these regulations
shall be observed. In granting variances and modifications, the Planning
Board may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified.
