Town of Clinton, NY Rules and Definitions

The sale of lots or individual parcels of land shall proceed after all of the requirements of the Town's Subdivision and Lot Line Adjustment Regulations and other necessary permits/approvals have been satisfied by the property owner.

Where any portion of a parcel of land being subdivided changes ownership prior to final approval, all approvals by the Planning Board to the previous owner(s) are null and void, and the subdivision requires a new application by the new property owner(s) to the Planning Board.

No building permit or certificate of occupancy shall be issued for the erection of any building within a proposed subdivision unless the subdivision has been given final plat approval by the Planning Board and the plat has been filed in the office of the Dutchess County Clerk.

Public improvements. New roads, driveways, clearing of trees and shrubbery, sidewalks, water and/or sewer lines for a proposed subdivision shall be installed prior to final plat approval only with the approval of the Planning Board.

A parcel of land which has been split by a right-of-way (road or other easement) does not create a subdivision under this chapter, regardless of whether separate tax parcels have been assigned or separate deeds have been filed. Subdivision approval by the Planning Board is required.

For the purpose of this chapter, a lot line adjustment is not a subdivision. A lot line adjustment is separately defined (see Article XII) and regulated herein, and in Chapter 250, Zoning.

Applicants for subdivisions or lot line adjustments may request and the Planning Board, at its discretion, may grant waivers from the informational and procedural requirements in this chapter, provided that such waivers do not violate the provisions of §§ 276 and 277 of the New York State Town Law.

All parcels of land subject to subdivision or lot line adjustment must be in compliance with all Town of Clinton land use regulations, including Chapter 250, Zoning, and other applicable local laws. Any violations must be corrected prior to approval of the preliminary plat or, if a lot line adjustment application, prior to approval.

All subdivision applications shall comply with the requirements of the New York State Environmental Quality Review Act (SEQR). Lot line adjustments, except as stated herein, shall be considered Type II actions under SEQR. Where any of the affected lots contain commercial principal uses, as defined in the Schedule of Use Regulations included with Chapter 250, Zoning, such lot line adjustments shall not be considered as Type II actions under SEQR. Further, where the lot line adjustment action taken voids a previously approved site plan, special permit or other permit, any permit reapplications would require SEQR review.

Subdivision invalidates any previously approved site plan on the subject parcel. A new site plan, if required under Chapter 250, Zoning, for the proposed use(s), shall be submitted for approval. The applicant shall be so notified in writing.

Subdivision may or may not invalidate a previously approved special permit. The Planning Board shall review the supplementary regulations and conditions applicable to an existing special permit, determine whether such special permit shall be invalid and a new special permit application shall be required, and so notify the applicant in writing.

Subdivision may or may not invalidate a previously approved variance for the parcel. If a variance exists for the parcel, the Planning Board shall refer the application upon approval to the Zoning Administrator for a determination of whether the variance is still valid or shall require reapplication.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).