This chapter shall be known and may be cited
as the "City of Batavia Land Subdivision Regulations," hereinafter
referred to as the "Land Subdivision Regulations" or merely "regulations."
A.
Pursuant to General City Law § 32, and for
the purposes stated therein, the Planning Board is hereby authorized
and empowered to approve plats showing lots, blocks or sites, with
or without streets or highways. For the same purposes and under the
same conditions, the Planning Board is authorized and empowered to
approve the development of plats, entirely or partially undeveloped
and which have been filed in the office of the County Clerk in which
such plat is located prior to the appointment of the Planning Board,
and the Board shall have the power to approve plats.
B.
The Clerk-Treasurer shall file with the County Clerk
of Genesee County a certificate showing that the Planning Board has
been so authorized as above provided and shall specify that the Clerk-Treasurer
is the officer who shall issue the certificate of failure to take
action as required by General City Law § 32.
The Land Subdivision Regulations as hereinafter
set forth are for the following purposes:
A.
To assure sites suitable for building purposes and
human habitation and to provide for the harmonious development of
the city.
B.
To coordinate the existing streets with proposed streets,
parks or other features of the city's Official Map.
C.
To provide conditions favorable to the health, safety,
morals and general welfare of the citizens of the city.
D.
To establish rules for the processing, design and
construction of subdivisions.
[Amended 6-25-2001 by L.L. No. 1-2001]
Every plan, plot or re-plot of lands laid out
in building lots and the streets or other portions of the same intended
to be dedicated to public use shall be submitted to the City of Batavia
Planning Board or the Code Enforcement Officer as specified by these
regulations and be approved before it shall be recorded.
The Land Subdivision Regulations of this chapter
apply within the city limits of the City of Batavia.
In interpreting the requirements of these Land
Subdivision Regulations, they shall be held to be the minimum requirements
for the creation of conditions favorable to the health, safety, morals
and general welfare of the citizens of the city. It is not intended
by the Land Subdivision Regulations to repeal, abrogate, annul or
in any way impair or interfere with existing provisions of other laws
or ordinances, except those specifically repealed by the Land Subdivision
Regulations, or with private restrictions placed upon property by
covenant, deed or other private agreements, or with restrictive covenants
running with the land to which the city is a party. Where the Land
Subdivision Regulations impose a greater restriction than is imposed
or required by other provisions of law, ordinance, regulation, contract
or deed, the provisions of the Land Subdivision Regulations shall
control.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
The drawing, in final form, showing a proposed subdivision
containing all information or detail required by these Land Subdivision
Regulations or any other applicable state or local law, ordinance,
rule, regulation or resolution.
The City’s comprehensive plan or strategic plan indicating
the general locations recommended for the major thoroughfares, streets,
parks, public buildings and other public improvements.
[Added 6-22-2009 by L.L. No. 4-2009]
The map established by the Council, August 3, 1953, and filed
in the Genesee County Clerk's office as Map No. 726, showing streets
theretofore laid out, adopted and established or any additions thereto
resulting from approval of subdivision plats by the Planning Board
and the subsequent filing of such approved plats or the filing of
a subsequent duly approved revisions to this map.
The wearing or exposed surface of the roadway used for vehicular
traffic.
The Planning Board of the City of Batavia.
A drawing showing the salient features of a proposed subdivision
submitted to the Planning Board for purposes of consideration prior
to submission of the plat in final form.
The land opened, intended, reserved or dedicated for a street,
walk, drainage or other public purpose.
A paved surface designed to be used for pedestrian traffic
within the right-of-way of a street.
A way, including the entire right-of-way of a street, road,
lane, alley, court or highway and which is intended for public use
as a means of vehicular and pedestrian circulation providing access
to abutting lots and space for water mains, sewers and public utilities.
PRIMARY STREETA street designed to carry a high volume of traffic and used primarily as a traffic artery for circulation between major areas of traffic generation in the community.
SECONDARY STREETA street which provides a major circulation route within a district bounded by the primary streets.
RESIDENTIAL STREETA street intended primarily to serve the abutting property.
The registered owner(s) or authorized agent of the registered
owner(s) of a subdivision.
The division of a single lot, tract or parcel of land
or a part thereof, into two or more lots, tracts or parcels of land,
including changes in street lines or lot lines for the purpose, whether
immediate or future, of transfer of ownership or of building development.
The term "subdivision" includes resubdivision and, as appropriate
in the provisions of the Land Subdivision Regulations, shall refer
to the process of subdividing land or to the land subdivided. There
are three classifications of subdivisions:
MAJOR SUBDIVISIONAny subdivisions of one parcel of land into four or more parcels or any subdivision of land regardless of the number of parcels where one or more of the following does not exist along the frontage of any proposed parcel:
MINOR SUBDIVISIONAny subdivision of land other than a major subdivision or a lot division as defined herein.
LOT DIVISIONThe division of an established lot, too small for subdivision into two or more lots under current subdivision and zoning regulations, to transfer a portion of the lot to an abutting established lot.
Where an established lot is being divided between
the two abutting property owners, even though the owner of the lot
to be divided is also the owner of one of the abutting lots, this
shall be considered a minor subdivision and rules established for
minor subdivisions by these regulations shall apply.
