[Added 7-25-2011 by L.L. No. 2-2011]
A.
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.
B.
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.
C.
Information on plat. The lot line change plat shall include the following
information:
(1)
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).
(2)
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.
(3)
The location of intersection(s) of private roads and driveway(s)
with a public road.
(4)
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.
(5)
A zoning table showing the current zoning requirements and proposed
minimum dimensions for lots and buildings.
(6)
Existing and proposed lot areas and setback distances from property
boundaries of each building and structure.
(7)
Existing features including lot sizes, buildings and other structures,
driveways and streets.
(8)
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.
(9)
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.
(11)
All existing restrictions on the use of lots subject to the
lot line change, including easements, rights-of-way and covenants.
(12)
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.
(13)
The location of floodplains, protected wetlands and steep slopes.
(14)
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.
D.
Accompanying information.
(1)
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.
(2)
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.)
E.
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.
F.
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.
G.
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.
H.
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]
I.
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.
J.
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.)
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
