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.
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.
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 and involving or subdividing wetlands.