(A) Approval of a minor subdivision in the incorporated area of the village may be granted by an authorized representative of the Planning Commission if the proposed division of a parcel of land meets all of the following conditions:
(1) The proposed subdivision is located along an existing public street or road and involves no opening, widening or extension of any street or road. Each lot or parcel created must display a minimum frontage of 20 feet on an existing public street or road;
(2) No more than five lots or parcels are involved after the original tract has been completely subdivided;
(3) The proposed subdivision is not contrary to applicable platting, subdividing or zoning regulations. Administrative approval may not be granted if any variance from either the zoning ordinance or subdivision regulations are requested. Variances of subdivision regulations may only be granted by the Planning Commission and not the administrative officer, and variances to the zoning ordinance only by the Board of Zoning Appeals; and
(4) The property has been surveyed and the applicant has submitted:
(a) One copy of a completed application for minor subdivision approval form;
(b) Three copies of a drawing (plat of survey) showing the proper dimensions and areas of the entire tract and (note size) each individual lot and semi-permanent or permanent monumentation of each new and existing corner. The drawings shall be of such size and shape and contain such information as to meet the survey plan requirements of the County Tax Map Department; and
(c) Three copies of the metes and bounds legal description that will be used in the individual conveyances for each of the lots involved.
(B) Upon submission of the required information, the Planning Commission office will assign the application a review number and will forward to the County Tax Map Department one copy of the plat of survey, one copy of the legal description for the proposed lots and a minor subdivision survey transmittal and survey approval form. The Tax Map Department after reviewing these items will return the minor subdivision survey transmittal and survey approval form indicating thereon whether the items are acceptable or unacceptable for that Department’s purposes and requirements. Upon receipt of such form from the County Tax Map Department, the Planning Commission will determine whether the proposed minor subdivision complies with the required conditions. Action will be taken by the Planning Commission within seven working days after the submission of the proposed division. The applicant will be promptly notified of the Planning Commission’s action, and the applicant may request that one copy of the plat of survey, and one copy of the legal descriptions, with the Planning Commission’s approval or disapproval indicated thereon, be returned to him or her for his or her own use. If the proposed division is acceptable, conveyances for the lots involved may be presented to the Secretary of the Planning Commission who shall sign the conveyances and stamp them “Approved by the Batavia Planning Commission: No Plat Required.” The applicant may then proceed in recording his or her conveyances by taking them to the County Tax Map Department, the County Auditor’s Office and the County Recorder’s Office for processing, transfer and recording.
(1997 Code, § 152.037)