These rules and regulations shall be known and
may be cited as the "Town of Geneva Subdivision Regulations." Subdivisions
within the Town of Geneva shall be designed and submitted for approval
in compliance with the standards and procedures set forth herein.
These regulations are adopted for the following
purposes:
A.
To protect and provide for the public health, safety
and general welfare.
B.
To guide the future growth and development in accordance
with established standards and sound planning principles.
C.
To secure safety from fire, flood and other dangers
and to prevent overcrowding of the land and undue congestion of population.
D.
To protect the character and the social and economic
stability and to encourage orderly and beneficial development.
E.
To protect and conserve the value of land, buildings
and improvements and to minimize conflicts among the uses of land
and buildings.
F.
To guide public and private policy and action in order
to protect adequate and efficient transportation, water, sewerage,
schools, parks, playgrounds, recreation and other public requirements
and facilities.
G.
To provide the most beneficial relationship between
land and buildings and the circulation of traffic, having particular
regard to the avoidance of congestion in streets, highways and pedestrian
traffic.
H.
To establish design standards and procedures for subdivisions
and resubdivisions and to ensure proper legal descriptions and monumenting
of subdivided land.
I.
To ensure that public facilities are available and
will have a sufficient capacity to serve the proposed subdivision.
J.
To preserve the natural beauty and topography of the
Town of Geneva and to ensure appropriate development with regard especially
to environmentally sensitive areas.
K.
To provide for open spaces by means of design layout of the land, including clustering to provide minimum width and area of lots, while preserving land density as established in Chapter 165, Zoning.
L.
To relieve the town of any preliminary, current or
future costs, directly or indirectly attributed to a subdivider/developer.
The subdivider/developer will bear all costs.
[Amended 12-23-1997 by L.L. No. 5-1997]
A.
Approval of plats. By the authority of a resolution
of the Town Board, pursuant to the provisions of §§ 276
and 278 of Article 16 of the Town Law of the Consolidated Laws of
New York, the Planning Board of the Town of Geneva shall be authorized
and empowered to review and approve, modify and approve or disapprove
plats for subdivisions, showing lots, blocks or sites, with or without
streets or highways, within the Town of Geneva. By the same authority,
the Planning Board has the authority to pass and approve the development
of entirely or partially undeveloped plats already filed in the office
of the Clerk of the county.
B.
Clustering; modification of lot area and width requirements. By the authority of a resolution of the Town Board of the Town of Geneva, pursuant to the provisions of § 278 of Article 16 of the Town Law, the Planning Board of Geneva is authorized simultaneously with the approval of a plat or plats to modify applicable provisions of Chapter 165, Zoning, within the Town of Geneva. Such authority shall be limited to those specific situations specified in these regulations.
C.
Provision for recreation areas. By the authority of
a resolution of the Town Board of the Town of Geneva, pursuant to
the provisions of § 277 of Article 16 of the Town Law of
the Consolidated Laws of the State of New York, the Planning Board
of the Town of Geneva shall be authorized simultaneously with the
approval of a plat or plats to require the subdivider to pay a fee
for recreation and site development or reserve open space for parks,
playgrounds or other recreational purposes in lieu of a monetary payment.
Recreation fees are spent at Town Board discretion.
A.
In their interpretation and application, the provisions
of these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. These regulations are not intended
to interfere with, abrogate or annul any other ordinance, rule or
regulation, statute or other provision of law. Where any provision
of these regulations imposes restrictions different from those imposed
by any other provision of these regulations or any other ordinance,
rule or regulation or other provision of law, whichever provisions
are more restrictive or impose higher standards shall control.
(2)
Private provisions. These regulations are not intended
to abrogate any easement, covenant or any other private agreement
or restriction, provided that where the provisions of these regulations
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction,
the requirements of these regulations shall govern. Where the provisions
of the easement, covenant or private agreement or restriction impose
duties and obligations more restrictive or higher standards than the
requirements of these regulations or the determinations of the Planning
Board of the Town of Geneva in approving a subdivision or in enforcing
these regulations and such private provisions are not inconsistent
with these regulations or determinations thereunder, then such private
provisions shall be operative and supplemental to these regulations
and determinations made thereunder.
These regulations shall not be construed as
abating any action now pending under, or by virtue of, prior existing
subdivision regulations or as discontinuing, abating, modifying or
altering any penalty accruing or about to accrue or as affecting the
liability of any person, firm or corporation or as waiving any right
of the municipality under any section or provision existing at the
time of adoption of these regulations or as vacating or annulling
any rights obtained by any person, firm or corporation, by lawful
action of the municipality except as shall be expressly provided for
in these regulations.
In order that land may be subdivided in accordance
with these purposes and policy, these subdivision regulations are
hereby adopted, as of on filing with Secretary of State.
A.
It shall be the duty of the Code Enforcement Officer
to enforce these regulations and to bring to the attention of the
Town Supervisor any violations or lack of compliance herewith.
B.
Once a subdivision has been proposed, no lot within
that proposed subdivision shall be transferred or sold before the
subdivision plat has been duly filed in the office of the Ontario
County Clerk.
C.
The subdivision of any lot or any parcel of land,
by the use of metes and bounds description for the purpose of sale,
transfer or lease with the intent of evading these regulations, shall
not be permitted.
A.
Any person, firm or corporation who fails to comply
with or violate any of these regulations shall be guilty of an offense
and subject to the penalties of an offense and subject to the penalties
of that offense or offenses.
B.
Any person, firm, company or corporation which neglects or refuses to do any act required by this chapter shall be guilty of an offense and shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article III. Each week that such violation, disobedience, omission, neglect or refusal continues or arises shall be deemed a separate offense.
[Amended 12-23-1997 by L.L. No. 5-1997]
C.
Civil enforcement. Appropriate actions and proceedings
may be taken by law or in equity proceedings to prevent any violation
of these regulations, to prevent unlawful construction, to recover
damages, to restrain, correct or abate a violation or to prevent illegal
occupancy of a building structure or premises, and these remedies
shall be in addition to the penalties described above. Consequently,
the Town Board may institute any appropriate action or proceeding
to prevent and to restrain, correct or abate such violation or to
prevent an illegal act, conduct business or use in and about such
premises.
