[HISTORY: Adopted by the Town Board of the Town of Newstead 5-8-2000
by L.L. No. 1-2000 (Ch. 12 of the 1988 Code). Amendments
noted where applicable.]
This chapter shall be known as "Local Law, No. 1 of the Year 2000, entitled
ECIDA Exceptions to the Code of the Town of Newstead."
The purpose of this provision is allow for the temporary subdivision
of parcels for the purpose of allowing the Erie County Industrial Development
Agency (ECIDA) to provide tax abatements and/or to facilitate financing of
buildings. The provision will allow a tax parcel to be divided temporarily
into two tax parcels to facilitate ECIDA ownership and/or financing as long
as there remains common control over the original parcel and the new parcel,
and the Town will look to the combined parcels to determine if they meet Code
provisions and in the issuance of permits. The parcel will show up as an exception
on the Town's records with a notation that this parcel is separated for financing
purposes and cannot be sold separately from the parcel off of which it was
split.
A.
The Town of Newstead will allow parcels to be divided without requiring the formal application for subdivision in connection with a transaction involving the ECIDA and/or to facilitate financing. In such circumstances, the parcel will be assigned an SBL number but will be considered together with the original parcel that it was split off of in determining whether the proposed improvements are in accordance with Chapter 450, Zoning, of the Code of the Town of Newstead. For purposes of the Code, including, but not limited to, minimum lot sizes, side setbacks, rear setbacks, access to public highway, parking and other utilities, the parcels will be treated as one parcel, and as long as the combined parcels meet the Code requirements, the Town will allow the development to occur.
B.
In order to qualify under this provision the applicant
must follow the following procedure:
(1)
The party requesting such treatment must submit an application
to the Town Building Department specifying what they are proposing to do,
which application must be accompanied by a fee established in accordance with
the Town's fee schedule.
(2)
No division shall be allowed until such application has
been submitted and approved by the Town Building Department.
(3)
Upon receipt of approval from the Town's Building Department,
the applicant shall be allowed to divide the parcel, with the express understanding
that the parcel must be recombined with the original parcel once the parcel
is conveyed back from the ECIDA or the mortgage that was the reason for the
division has been paid off.
(4)
The Building Department records will then have a notation
that the division was for financing purposes only and that the lot is not
an approved subdivision that can be sold separately from the existing parcel.
(5)
Upon the termination of the ECIDA ownership of the parcel
and/or the discharge of the mortgage that required the parcel to be separated,
the parcels shall be recombined into one parcel.
