[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 6-20-2007 by L.L. No. 10-2007. Amendments noted where applicable.]
This chapter shall be known as the "Town of Poughkeepsie Lot Line Revision Law."
The purpose of this chapter is to amend the existing Town of Poughkeepsie Subdivision Regulations to permit 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.
Where this chapter conflicts or is inconsistent with the Town of Poughkeepsie Subdivision Regulations, this chapter shall supersede said regulations.
As used in this chapter, the following terms shall have the meanings indicated:
- ADJOINING LOT OR PARCEL
- 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.
- REVISED LOT LINE
- 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 a revised lot line as defined in this chapter.
The Planning Board of the Town of Poughkeepsie is hereby authorized to approve or disapprove the altering of 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.
The procedure for altering a lot line shall be as follows:
The application shall consist of the record owners of each of the lots or parcels affected by the proposed revised lot line and they shall complete an application for revised lot line on a form to be designated by the Planning Board and signed by the owners of each of said lots or parcels.
A map and survey, stamped and signed by a licensed engineer or surveyor, showing both parcels in their entirety and the portion of land to be conveyed by the grantor to the adjoining lot or parcel owner shall be prepared and submitted to the Planning Board.
If either lot or parcel is part of a subdivision that was approved within the last 10 years, 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.
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 lands is conveyed pursuant to a Lot Line Alteration approved by the Planning Board of the Town of Poughkeepsie, on (date) and does not create any new or additional building lots or parcels."
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 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 Poughkeepsie on (date)."
Upon receipt of the application, maps and surveys, which survey shall reference the existing filed map number, the Planning Department shall schedule the matter to be heard and reviewed at the next available regular Planning Board meeting, which shall be attended by the applicant or the applicant's representative.
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. Upon approval, the applicants shall prepare the proposed deeds of conveyance as required by this chapter for examination and review by the Town Attorney. Upon notification by the Town of Poughkeepsie Town Attorney that the deeds are in conformity with the provisions of this chapter, the applicant shall submit the Mylar to the Planning Department for the Planning Board Chairman's signature, and it shall be properly signed and dated by the duly designated officer of the Planning Board.
In the event that the approved survey map and deed are not filed in the Office of the Dutchess County Clerk within 60 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 the request for extension has been received in writing within such original sixty-day period. The extension shall be for no more than 60 additional days.
No lot line shall be revised 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 Poughkeepsie Zoning Code, unless the applicant has obtained a variance from the Zoning Board of Appeals.