[Added 7-25-2011 by L.L. No. 2-2011]
This article is adopted pursuant to § 10 of the Municipal Home Rule Law and applicable provisions of the Town Law of the State of New York. If an application for the alteration of lot lines or dimensions meets the definition of lot line change, the Planning Board may determine that the application does not require subdivision approval. The Planning Board is hereby authorized upon such determination to direct the Planning Board Chairperson to sign lot line change plats subject to such conditions and requirements as the Planning Board deems necessary. No alteration of lot lines or dimensions shall be made without the submission of an application and the review of the Planning Board provided herein, except that lot line changes involving the transfer of land area to the Town of Newburgh, another governmental division or agency or another entity having eminent domain authority shall be exempt from this requirement. If a proposed alteration of lot lines or dimensions does not meet the definition of lot line change, it shall be reviewed as a subdivision.
Application, fees and information. The applicant shall submit an application for approval of a lot line change plat along with a SEQR short form EAF and the appropriate application fee and professional service fees under Chapter 104. Said application shall contain information described in Subsections C and D below.
Information on plat. The lot line change plat shall include the following information:
The title block shall include the proposed lot line change name, the name of the town and county, and the name and address of the record owner(s), North point, map scale of no less than one inch equals 100 feet and the date of drawing and of the latest revision (if any).
The location of existing and proposed structures, wells, septic systems, driveways, utility lines and zoning district boundaries, if any, within 200 feet of the lots subject to the lot line change.
The location of intersection(s) of private roads and driveway(s) with a public road.
An actual field survey of the boundary lines of each lot subject to the lot line change, giving complete descriptive data by bearings and distances, made, certified and sealed by a licensed land surveyor.
A zoning table showing the current zoning requirements and proposed minimum dimensions for lots and buildings.
Existing and proposed lot areas and setback distances from property boundaries of each building and structure.
Existing features including lot sizes, buildings and other structures, driveways and streets.
The drawing sheet's size shall be in conformance with requirements for filing in the Orange County Clerk's office and if more than one sheet is required, a clearly drawn cut line shall be shown on both sheets and on the key map.
The name of the applicant, the owner(s) of the lots subject to the lot line change and of all adjoining property owners as disclosed by the most recent town tax records.
All existing restrictions on the use of lots subject to the lot line change, including easements, rights-of-way and covenants.
A location map at a scale of one inch equals 2,000 feet (1:24,000). It shall show the North point, scale and date.
The location of floodplains, protected wetlands and steep slopes.
The plat shall have the title "Lot line change between properties of (name) and (name)" and shall include a restriction to the effect that the land added to the existing lot and the existing lot to which the lands is added are combined to form a single, undivided lot.
A copy of such covenants or deed restrictions as are intended to cover all or part of the lots subject to the lot line change.
Proposed deeds reflecting the lot line change must be submitted to the Planning Board attorney for review prior to approval of the lot line change. (The Planning Board will require submission of copies of the signed deeds prior to releasing the lot line change plat and such original deeds must be recorded contemporaneously with the lot line change plat at the Orange County Clerk's office.)
Number of copies. Twelve copies of the lot line change plat shall be presented to the Chairman of the Planning Board or his designee no later than 10 days prior to a scheduled monthly meeting of the Planning Board. Nothing herein, however, guarantees the applicant being on an agenda of a meeting to be held immediately subsequent to a submission.
Waiver of application requirements. The Planning Board may waive any of the lot line change application requirements, except the requirement for a variance, site plan or special permit approval, or the requirement for application fees, which fee requirement may not be waived without approval by resolution of the Town Board.
Applicant to attend Planning Board meetings. Following receipt of an initial lot line change application, the applicant or the applicant's duly authorized representative shall meet in person with the Planning Board consultants, if notified by the Planning Board. The purpose of such conference shall be to discuss the application in order that the necessary subsequent steps may be undertaken with a clear understanding of the Planning Board's requirements. The applicant or the applicant's duly authorized representative shall attend meetings and hearings of the Planning Board to discuss the lot line change plat.
When officially submitted. The time of submission of the lot line change plat shall be considered to be the date of the regular meeting of the Planning Board at which the complete application is to be considered, except where a later date is provided for by law, rule or regulation, in which case the later date shall apply. The application for lot line change plat approval may be placed on the agenda for consultation and discussion at the sole discretion of the Planning Board Chairperson even if the application is incomplete. Within 10 business days following the applicant's first appearance before the Planning Board, the applicant shall forward a letter prepared by the Planning Board or an authorized agent of the Planning Board to all property owners within 500 feet of the land involved in the application, as the names of such owners appear on the last completed assessment roll of the Town, notifying the property owners of the receipt of the plat and application, by first-class mail. The list of property owners shall be obtained by the applicant from the Town's Assessor. The applicant shall thereafter submit a duly executed, notarized affidavit of mailing to the Planning Board. Further appearances before the Planning Board shall be prohibited until an affidavit meeting the requirements has been delivered.
[Amended 4-1-2013 by L.L. No. 2-2013]
Submission and endorsement of state, county and federal agencies. Whenever required by statute or otherwise deemed advisable by the Planning Board, copies of the submission shall be forwarded by the Planning Board to the Orange County Department of Public Works, the Regional Office of the New York State Department of Transportation and/or the Orange County Department of Planning.
Coordination with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. (Lot line changes are deemed a Type II action under Code § 100-12.)
Prior site plan approval. The Planning Board shall review any previously approved site plans for the subject parcels and applicable conditions of approval and supplementary regulations and shall determine if a new site plan approval, or amended site plan approval, if required under the Zoning Code for a continuing or proposed use, is required. The applicant shall be so notified in writing.
Prior special permit approval. The Planning Board shall review any previously approved special permits for the subject parcels and applicable conditions of approval and supplementary regulations and shall determine if special permit shall become invalid and a new special permit, or amended special permit, if required under the Zoning Code for a continuing or proposed use, is required. The applicant shall be so notified in writing.
Prior variances. A lot line change may or may not invalidate a previously approved variance for one of the lots. If a variance exists for one of the lots, the Planning Board shall refer the application to the Code Enforcement Officer for a determination on whether the variance will be invalidated and a reapplication to the Zoning Board of Appeals is required.
Public hearing. A public hearing for a lot line change will not normally be required; however, if the Planning Board has reason to believe that a public hearing on the application is needed, such a public hearing may be scheduled. Notice shall be given in the manner specified in this chapter for public hearings on subdivisions.
Signature and filing. Upon completion of the approval procedures set forth in these regulations, the lot line change shall be deemed to have approval. One reproducible mylar and 10 copies of the lot line change plat provided by the applicant shall be properly signed by the applicant and owner(s) and then by the Chairperson of the Planning Board. The lot line change plat may then be filed by the applicant in the Office of the Orange County Clerk together with the deeds transferring the area which is the subject of the lot line change. The applicant shall provide the Planning Board with two copies of the lot line change plat certified by office of the Orange County Clerk together with the liber and page of the recorded deeds implementing the contemplated transfer. No building permit shall be issued until such certified copies of the plat and the deed recording information are received by the Town of Newburgh. Planning Board approval of a lot line change plat shall not be deemed an acceptance by the Town of any road, or other land, shown as offered for cession to public use and ownership.
Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made on any lot line change plat after approval has been given by the Planning Board. In the event that any lot line change plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Planning Board shall institute proceedings to have said plat stricken from the records of the County Clerk and Town Clerk.
Expiration of approval. The approval of a lot line change shall expire 62 days after the signing of the plat by the Chairperson of the Planning Board unless filing of the lot line plat is accomplished within that time period in the Office of the Orange County Clerk. The expiration of an approval shall mean that any further action shall require submission of a new application, payment of a new application fee and Planning Board review of all previous findings.
Default approval. The Planning Board shall be deemed to have approved an application for a lot line change by indication of such approval upon the lot line change plat and by filing of its decision in the office of the Town Clerk. The Planning Board shall be bound by the same default timetable and procedure with respect to lot line changes as it is subject to with respect to subdivisions under New York State Town Law § 276.