A.
By the authority of the resolution of the Town Board of the Town
of Batavia adopted on _____ pursuant to the provisions of Article
16 of the Town Law of the State of New York, the Planning Board of
the Town of Batavia is authorized and empowered to approve plats showing
lots, blocks, or sites, with or without streets or highways, to approve
the development of entirely or partially undeveloped plats already
filed in the office of the Clerk of the county and to conditionally
approve preliminary plats within that part of the Town of Batavia
outside the limits of any incorporated village.
B.
It is declared to be the policy of the Town Board to consider land
subdivision plats as part of a plan for the orderly, efficient, and
economical development of the Town. This means, among other things,
that land to be subdivided shall be of such character that it can
be used safely for building purposes without danger to health or peril
from fire, flood, or other menace; that proper provision shall be
made for drainage, water supply, sewerage, and other needed improvements;
that all proposed lots shall be so laid out and of such size as to
be in harmony with the development pattern of the neighboring properties;
that the proposed streets shall compose a convenient system conforming
to the Official Map, if such exists, and shall be properly related
to the proposals shown on the Master Plan, if such exists, and shall
be of such width, grade, and location as to accommodate the prospective
traffic, to facilitate fire protection, and to provide access of firefighting
equipment to buildings; and that proper provision shall be made for
open spaces for parks and playgrounds.
C.
In order that land subdivision may be made in accordance with this
policy, these regulations, which shall be known as and which may be
cited as the "Town of Batavia Land Subdivision Regulations," have
been approved by the Town Board on __________.
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
A short street having but one end open to traffic and the
other end being permanently terminated by a vehicular turnaround.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
The lands created through authorization by a property owner
for the use by another and for a specified purpose of any designated
part of his property.
A piece, parcel, or plot of land intended as a unit for transfer
of ownership or for development.
The map established by the Town Board under § 270
of the Town Law showing the streets, highways, and parks heretofore
laid out, adopted, and established by law and any amendments thereto
adopted by the Town Board or additions thereto resulting from the
approval of subdivision plats by the Planning Board and the subsequent
filing of such approved plats.
The date when a subdivision plat shall be considered submitted to the Planning Board as provided in § 276 of the Town Law and is hereby defined to be the date of a meeting of the Planning Board at which all required surveys, plans, and data described in Article VII are submitted.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, escrow agreements, and other
similar collateral or surety agreements.
The Town of Batavia Planning Board as established pursuant
to the provisions of Article 16 of the Town Law.
The preliminary drawing or drawings indicating the proposed manner or layout of the subdivision to be submitted to the Planning Board for its consideration and meeting the requirements of Article VII.
Any street, avenue, boulevard, road, lane, parkway, alley,
or other way which is an existing state, county, or Town roadway or
way shown upon a plat theretofore approved pursuant to law or approved
by official action or a street or way on a plat duly filed and recorded
in the office of the County Clerk of Genesee County prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking area, and other areas within the street lines. For the purpose
of this chapter, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily by a heavy volume of traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETS or LOCAL RESIDENTIAL STREETSThose which are used primarily for access to the abutting properties.
MARGINAL SERVICE STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service to the back or the side of properties otherwise abutting on a street.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between property lines or right-of-way lines.
Any person, firm, corporation, partnership, or association
who or which shall lay out, for the purpose of sale or development,
any subdivision or part thereof as defined herein, either for himself,
itself or others.
The division of any lot into two or more lots for the purpose,
whether immediate or future, of transfer of ownership or building
development. The public acquisition of strips of land for extension
of municipal infrastructure, including but not limited to the widening
or opening of streets and installation of public utility infrastructure,
and the transfer of agricultural parcels of at least 10 acres for
the purpose of continued agriculture, shall not be included within
this definition nor subject to these regulations.
MAJOR SUBDIVISIONAny subdivision of a lot into five or more lots within a three-year period, or any size subdivision requiring any new street or extension of municipal facilities.
MINOR SUBDIVISIONAny subdivision of a lot into two, three or four lots, not classified as a major subdivision, fronting on an existing street.
A drawing, in final form, showing a proposed subdivision
containing all information or detail required by law and by these
regulations to be presented to the Planning Board for approval and
which, if approved, may be duly filed or recorded by the applicant
in the office of the Genesee County Clerk.
A composite of the mapped and written proposals recommending
the physical development of the Town prepared by the Planning Board
pursuant to § 272-a of the Town Law which indicates the
general locations recommended for various public works and reservations
and for the general physical development of the Town and includes
any part of such plan separately adopted and any amendment to such
plan or parts thereof.
The duly designated engineer of the Town of Batavia.
The officially adopted Zoning Ordinance of the Town of Batavia,
together with any and all amendments thereto.[1]
