Town of Hague, NY Lot Line Changes

§ 150-27 Authority to grant changes; application.

Upon application therefor, the Planning Board shall have the authority to grant lot line changes, provided that neither lot nor any structure thereon is made nonconforming or more nonconforming, that the property being transferred is no larger than 1/4 acre in size, that no wetlands are transferred or subdivided without the required approval of the Adirondack Park Agency and, further, that the other requirements of Chapter 160, Zoning, are met after giving effect to a lot line change. The application shall be signed by the current owners of both affected lots and shall include a partial survey prepared by a surveyor licensed by New York State, showing the proposed lot line change, existing and proposed structures and the location on each lot of any existing well and septic system; copies of current deeds to the subject lots; and copies of proposed deed(s) to effect the lot line change, including the merger of the transferred property with the receiving lot.

§ 150-28 Review of lot line changes.

The Planning Board shall review any proposed lot line change to determine if it fits the definition as set forth in Article II. The Planning Board shall specifically review whether or not it is the intention that the property being transferred is to be merged with the lot to which it is being transferred and not constitute a separate lot, and may require that the applicant for the lot line change show that the proposed deed transferring the property indicates that the property will be merged to the lot to which it is being transferred. The Planning Board shall determine that the lot from which the land is being transferred is not nonconforming in minimum lot size, shoreline frontage, road frontage or otherwise under Chapter 160, Zoning, and, by reason of the transfer, will not be rendered nonconforming in minimum lot size, shoreline frontage, road frontage or otherwise under Chapter 160, Zoning [including § 160-50B(1)(c)]. A lot line change may not be utilized to increase the number of principal buildings on a lot, provided that it may increase the size of a nonconforming or conforming lot to allow one single-family dwelling or mobile home to be constructed on the receiving lot.

§ 150-29 Public hearing; notification of other agencies.

Before taking action on a lot line change application, the Planning Board may, but shall not be required to, hold a public hearing as required for action on a minor or major subdivision plat and shall notify the Adirondack Park Agency regarding any proposed lot line change in an area classified Resource Management, in a critical environmental area as defined in the Adirondack Park Agency Act[1] and involving or subdividing wetlands.

[1]

Editor's Note: See Executive Law § 800 et seq.

§ 150-30 Approval by Planning Board; revocation.

If the lot line change is granted, a copy of the survey marked "This lot line change was approved by resolution of the Town of Hague Planning Board on ______[Date]" shall be signed by a duly designated officer of the Planning Board, and copies of the new deed or deeds shall be filed by the applicant with the Zoning Administrator and the Town Clerk of the Town of Hague. The approval granted by the Planning Board shall expire unless the new deed or deeds are recorded by the applicant with the County Clerk of Warren County and unless the next preceding sentence shall have been complied with within 60 days after approval by the Planning Board of the lot line change.

If the recorded deed(s) do(es) not conform to the decision of the Planning Board and do(es) not merge the transferred property with the receiving lot, the Planning Board shall take appropriate action to revoke its approval.