[HISTORY: Adopted by the Town Board of the Town of Oneonta 9-13-2011 by L.L. No.
3-2011. Amendments noted where applicable.]
This chapter shall be known as the "Town of Oneonta Lot Line
Law."
A.
The purpose of this chapter is to provide for changes and alterations
of lot lines that do not create any new lots or parcels and to simplify
the procedure for accomplishing a lot line change without requiring
the applicant to be treated procedurally as a subdivider.
B.
Where this chapter conflicts or is inconsistent with the Town of
Oneonta Subdivision Regulations, this chapter shall supersede said
regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
A lot or parcel having a common boundary with another lot
or parcel, and that common boundary is not separated by any space
or by any state, county or town, road or street.
The process whereby the owner of one lot or parcel of land
conveys a portion of the lot or parcel to the owner of an adjoining
lot or parcel of land for the purposes of changing the size or configuration
of each existing lot or parcel of land without creating any new or
additional lots or parcels of land.
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets, and including resubdivision.
Specifically excluded from this definition, however, is an altered
lot line as defined in these regulations.
The Planning Board of the Town of Oneonta is hereby authorized
to approve or disapprove the altering and changing of lot lines with
or without conditions, as the Planning Board may impose and in accordance
with the provisions hereof, pursuant to the authority of the Town
Board as contained in Town Law § 276.
A.
The applicant shall consist of the record owners of each of the lots
or parcels affected by the proposed altered lot line, and they shall
complete an application for altered lot line on a form to be designated
by the Planning Board and approved by the Town Board and signed by
the owners of each of said lots or parcels.
B.
A map and survey of the portion of land to be conveyed by a grantor
to the adjoining lot or parcel owner shall be prepared and submitted
to the Planning Board; and
C.
A map or survey of the adjoining property shall also be prepared. If required under Subsection G below, said map or survey shall show both the adjoining property lot or parcel and the parcel or lot to be acquired as a single parcel of land.
D.
If either lot or parcel is part of a previously approved subdivision,
then a new subdivision plat depicting the altered lot or lots shall
be prepared and presented to the Chairman of the Planning Board for
signing upon the approval of the altered lot line.
E.
The grantor of lands shall submit a proposed deed conveying the portion
of land to the adjoining lot or parcel owner. Said deed must contain
a clause stating that: "This parcel of land is conveyed pursuant to
a lot line alteration, approved by the Planning Board of the Town
of Oneonta on (date), and does not create any new or additional building
lots or parcels."
F.
The owner of the adjoining lot or parcel shall submit a proposed
deed describing as a single parcel the existing adjoining lot or parcel,
along with the property to be conveyed, conveying said increased lot
or parcel as a single, unified lot or parcel, to himself or herself,
or to such entity as the owner desires. Said Deed shall contain a
clause as follows: "This deed of conveyance is for the sole purpose
of unifying into a single lot or parcel lands recently conveyed to
the grantor as a result of the alteration of a lot line approved by
the Planning Board of the Town of Oneonta on (date)."
H.
Upon receipt of the application and maps and surveys, the Code Enforcement
Office shall schedule the matter to be heard and reviewed at the next
regular meeting of the Planning Board, which shall be attended by
the applicant or the applicant's representative.
I.
At the meeting the Planning Board shall review the documents submitted
and, in the Planning Board's discretion, approve or disapprove
the proposed altered lot line.
J.
Upon approval, the applicants shall prepare the proposed deeds of
conveyance as required by this chapter for examination and review
by the Town Attorney.
K.
Upon notification by the Town Attorney that the deeds are in conformity
with the provisions of this chapter, the Planning Board Chairman or
Acting Chairman shall mark the adjoining landowner's survey map
"accepted for filing by the Oneonta Planning Board," and it shall
be properly signed and dated by the duly designated officer of the
Planning Board.
L.
In the event that the approved survey map and deed are not filed
in the office of the Otsego County Clerk within 62 days of the date
upon which they were approved, the altered lot line approval shall
become null and void as if it had never been approved. Upon request
of either applicant, the Planning Board may extend this time period,
provided that the request for extension has been received in writing
within such original thirty-day period. The applicant shall provide
the Planning Board with a copy of the filing receipt from the Otsego
County Clerk.
A.
The Planning Board may grant a waiver if the applicant demonstrates
hardship.
B.
Unless the Planning Board, for a shown hardship, shall grant a waiver
no lot line shall be altered if any lot or parcel that is decreased
in size would, as a result of the decrease, fail to conform to the
requirements of the Town of Oneonta Subdivision Regulations.[1]
C.
Altering a lot line may or may not invalidate a previously approved
site plan review, special use permit, special sign permit, area variance
or use variance. The Planning Board shall review the Code of the Town
of Oneonta, as well as any previously issued/approved site plan review,
permit or variance, to determine whether the proposed lot line alteration
would invalidate the previously issued/approved site plan review,
permit or variance, and, if so, then the applicant shall be required
to obtain a newly approved site plan, permit or variance, as the case
may be, and the Planning Board shall so notify the applicant in writing.
