[Added 10-12-2010 by L.L. No. 1-2010]
As used in this article, the following terms shall have the
meanings indicated:
LOT LINE ADJUSTMENT
Any alteration of lot lines or dimensions of any lot or sites
as shown on a plat previously approved and filed in the office of
the Saratoga County Clerk.
A. After filling out an application on an approved form for a lot line
adjustment, an applicant may request therein that the requirements
contained in the above articles of the subdivision process be waived
when a proposed lot line adjustment meets all of the following conditions:
(1) It does not result in an additional lot being created.
(2) It pertains to the conveyance of a portion of one parcel to an adjoining
parcel.
(3) It results in lots that are equal to or exceed the minimum zoning
requirements.
(4) It does not extend a public road or public utilities.
(5) It does not result in a configuration that violates any provision
of the Village Code or variance previously granted by the Zoning Board
of Appeals.
B. To request such a waiver, the applicant shall complete the application,
which shall include a sketch plan showing lot line alterations, and
submit a narrative explaining the proposed alteration. An applicant
shall be required to determine the names and addresses of all owners
of property that is contiguous to, abutting or adjacent to, or that
is across an established road from, the proposed boundaries of the
lot line adjustment. The applicant shall attach to his or her application
a list of the names and addresses of such persons. The applicant shall
notify, by registered or certified mail, all such persons of the proposed
lot line adjustment and provide to the Village Clerk, within 20 days
after submitting his or her application, proof of such mailing by
submitting the original registered or certified mail receipt for each
address so notified.
C. Fees.
(1) In addition to the neighborhood notification cost identified above,
a fee shall be paid with the waiver request to the Village Clerk,
which shall be determined by and subject to change from time to time
by resolution of the Village Board.
[Amended 10-15-2019 by L.L. No. 6-2019]
(2) If the waiver is not granted, the fees are not refundable, but may
be applied toward any subdivision review fees that may be incurred
should the subdivision review be carried forward.
D. The Planning Board Chairperson and Building Inspector shall review
the application and both shall approve or deny the waiver request.
Approval may be granted when it is determined that such lot line alteration
would not:
(1) Adversely affect the site's development;
(2) Adversely impact neighboring properties;
(3) Alter the essential character of the neighborhood; and/or
(4) Negatively impact the health, safety or welfare of Village residents.
E. If the waiver is granted, the applicant shall, within 45 days, file
a final plat of the lot line adjustment with the Saratoga County Clerk
and the Village Clerk. Any amendment to a previously filed map should
be referenced and identified on the survey map to be filed. The survey
map shall have an original stamp and seal of a licensed surveyor and
the signatures of the duly authorized official of the Planning Board.
If a final plat is not filed within 45 days, then the application
shall be deemed to have lapsed.
F. Nothing in this article shall prohibit an applicant to initiate a
full subdivision review with the submission requirements as outlined
in this chapter if the Planning Board Chair and Building Inspector
deny the request for a waiver.