[Amended 2-5-1997 by L.L. No. 1-1997]
B.
A lot line adjustment shall be reviewed in accordance
with the following stages:
(1)
Any persons wishing to make a lot line adjustment must
submit sufficient information to the Code Enforcement Officer to allow the
Code Enforcement Officer to review the same for compliance with this chapter.
(2)
The Code Enforcement Officer may approve lot line adjustments
by issuance of a permit, except in the following cases:
(3)
In the event that the Code Officer cannot approve the lot line adjustment, it must be submitted to the Town of Brownville Planning Board for approval. Approval of a lot line adjustment by the Planning Board shall be in accordance with the same procedures set forth for the approval of subdivisions in § 143-7(A).
Prior to the preparation of and the submission of a plat for approval,
the subdivider should proceed to gather the necessary information and data
on the existing conditions at the site. He should study the site's suitability
and opportunities for development. Presumably he will discuss financing, planning
and marketing with the lending institutions. With his licensed land surveyor,
he should develop a preliminary layout in sketch form, which in turn should
be submitted to the Planning Board for advice and assistance and should include
a preliminary environmental assessment form (EAF).
The subdivider should request an appointment with the Planning Board
for the purpose of reviewing the sketch plan. The Planning Board will notify
the subdivider of the time, date and the place that the Planning Board will
meet to consider and review such sketch plan and the program as they relate
to the Community General Plan, design standards and improvement requirements.
This meeting is intended to assist the subdivider in the planning and preparation
of the preliminary or final plat to save him both time and money in preparing
maps and plans. This step does not require formal application, fee or filing
with the Planning Board.
New York State Department of Health approval shall be required for any
subdivision containing five or more lots. Early contact by the subdivider
with the Department of Health is advised.
A.
All subdivisions shall be subject to the preliminary plat requirements, as specified herein. The subdivider shall file an application for approval of the preliminary plat on forms available from the Town Clerk and accompanied by all documents specified in Article IV herein.
B.
Review of subdivision. Following the review of the preliminary
plat and supplementary material submitted for the conformity with this chapter,
and following negotiations with the subdivider on changes deemed advisable
and the kind and extent of improvements to be made by him, the Planning Board
shall hold a public hearing. This hearing shall be held within 45 days of
the official submission date of the plat. The subdivider shall attend the
hearing. This hearing shall also fulfill the requirements of the State Environmental
Quality Review Act[1] on the draft environmental impact. Within 45 days from the public
hearing, the Planning Board shall approve, approve with modifications or disapprove
the preliminary plat, and state its reasons for disapproval.
[1]
Editor's Note: See Environmental Conservation Law § 101
et seq.
C.
Notice of public hearing. The hearing shall be advertised
at least once in a newspaper of general circulation in the town at least five
days before the hearing. Notice of the hearing shall be mailed to the owners
of all adjoining properties within 150 feet of the subdivided property at
least five days before the hearing.
D.
State environmental quality review. The lead agency in
the state environmental quality review process shall be responsible for completion
of all requirements of the State Environmental Quality Review Act. A statement
of findings must accompany approval of the plat.
E.
Notice of decision. The action of the Planning Board
shall be noted on three copies of the preliminary plat and reference made
to any modifications determined. One copy shall be returned to the subdivider
and the other two copies retained by the Planning Board.Page 6
F.
Effect of approval. Approval of a preliminary plat shall
not constitute approval of the final plat. The preliminary plat shall be a
guide to the preparation of the final plat. Before submission of the final
plat or any portion thereof for formal approval, the subdivider must comply
with this chapter and all requirements set forth by the Planning Board in
its review of the preliminary plat and any other State Health Department requirements.
A.
All subdivisions, as defined herein, shall require final
plat approval by the Planning Board.
B.
The subdivider shall file an application for final plat approval on forms available from the Town Clerk, accompanied by documentation as specified in Article IV herein to the Planning Board. Such application shall be submitted at least 10 days prior to the meeting at which it is to be considered by the Planning Board and no later than six months after the date of the preliminary plat approval.
C.
Optional public hearing. A public hearing may be held
by the Planning Board after a complete application is filed and prior to rendering
a decision. This hearing shall be held within 45 days of the official submission
date of the plat. The subdivider shall attend the hearing. The Planning Board
shall approve, conditionally approve or disapprove the final plat within 45
days of the public hearing. If disapproved, the grounds for disapproval shall
be stated in the record of the Planning Board, including reference to the
provision violated by the plat. Failure of the Planning Board to render a
decision within the stated forty-five-day period shall be deemed final approval
of the plat.
D.
Notice of public hearing. The hearing shall be advertised
at least once in a newspaper of general circulation in the town at least five
days before the hearing. Notice of the hearing shall be mailed to the owners
of all adjoining properties within 150 feet of the subdivided property at
least five days before the hearing.
E.
Waiver of public hearing. If the final plat is in substantial
agreement with the preliminary plat, the Planning Board may waive the public
hearing requirement. If no hearing is held, the Planning Board shall approve,
conditionally approve or disapprove the plat within 45 days of the official
submission date.
F.
Notice of decision. The subdivider shall be notified
of the final action of the Planning Board, and he shall record the final plat,
or section thereof, in the office of the Clerk of Jefferson County, New York,
within 60 days after the date of approval; otherwise the plat shall be considered
void and must again be submitted to the Planning Board for approval before
recording in the office of the Clerk of Jefferson County, New York.
G.
Conditional approval. Upon conditional approval of such
final plat, the Planning Board shall empower a duly authorized officer to
sign the plat upon completion of such requirements as may be stated in the
resolution. The plat shall be certified by the Town Clerk, and a certified
statement of such requirements shall accompany such plat which, when completed,
will authorize the signing of the conditionally approved final plat. Upon
completion of such requirements, the plat shall be signed by said duly authorized
officer of the Planning Board. Conditional approval of a final plat shall
expire 180 days after the date of the resolution granting such approval. The
Planning Board may, however, extend the expiration time for a period not to
exceed six months.
