[Adopted 5-5-2009 by L.L. No. 2-2009]
A.
Lot line
adjustment. Where an applicant proposes an exchange or transfer of
land with an adjoining property, the Planning Board may waive the
requirements for subdivision approval if the following conditions
are met:
(1)
The
area of the proposed land exchange or transfer does not exceed the
minimum required lot area of the zoning district in which the affected
lands are located.
(2)
No
additional lots will be created.
(3)
Such
exchange or transfer of lands does not preclude the proper future
development of the affected properties.
(4)
The
proposed action will not impede the maintenance of existing or development
of future access or utility services to the affected lots.
B.
Procedure. At the initial conference and review, the Planning Board must make a determination as to whether the proposed action qualifies as a lot line adjustment. If the Planning Board cannot make such a finding, it shall consider the action a subdivision under the procedures outlined in § 166-4 of the Town of Mamakating Code. If deemed a "lot line adjustment, " it shall use the following procedures in order to approve the proposed action:
(1)
The
applicant shall prepare a short EAF and plat prepared by a surveyor,
licensed in the State of New York, that depicts the original lot line
as "lot line to be deleted" and any proposed lot line as "new lot
line."
(2)
The Planning Board shall review the proposed lot line adjustment in order to make a determination the conditions outlined in § 166-14A(1) through (5) above are met.
(3)
Upon finding that the conditions § 166-14A(1) through (5) above are met and receipt of a plat prepared by a surveyor, licensed in the State of New York, that depicts the original lot line as "lot line to be deleted" and any proposed lot line as "new lot line," the Planning Board may approve the lot line adjustment and authorize filing of the approved map. A public hearing shall not be necessary.
