[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."
A.
The purpose of this chapter is to amend the existing
Town of Poughkeepsie Subdivision Regulations[1] 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.
B.
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:
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 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:
A.
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.
B.
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.
C.
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.
D.
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:
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"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."
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E.
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:
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"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)."
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F.
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.
G.
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.
H.
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,[1] unless the applicant has obtained a variance from the Zoning Board
of Appeals.
