[HISTORY: Adopted by the Board of Trustees of the Village
of Warwick 3-19-2012 by L.L. No. 6-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 120.
The Village Board of the Village of Warwick does hereby make
the following findings and does hereby declare the following purposes
with regard to the enactment of this chapter:
A.
It is in the best interests of the People of the Village of Warwick
that the Planning Board of the Village of Warwick (hereinafter sometimes
referred to as the "Board") be allowed a simplified procedure for
lot line change applications rather than requiring full compliance
with the subdivision rules and regulations of the Village of Warwick.
B.
A simplified procedure for lot line changes will expedite the approval
process and be less costly to the applicants.
C.
A simplified procedure will expedite the business of the Planning
Board and be no less protective of the interests of the public in
such applications.
D.
Therefore, it is the finding of the Village of Warwick Village Board
that, in order to protect and safeguard the Village of Warwick, its
residents, property owners and property and to promote the general
health, safety and welfare, the Village amend its current legislation
to provide for an alternative to its subdivision rules and regulations
to allow for lot line change applications, procedure, rules, and determinations.
E.
From these foregoing findings, it is the determination of the Village
Board that there is a need for the amendments set forth in this chapter.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
A parcel or portion of land separated from other parcels
or portions, for purpose of sale, lease or separate use by means of
a description as indicated by a subdivision plat, a recorded map or
deed or by metes and bounds or separated by a public street or railroad
right-of-way. Two or more nonconforming contiguous lots under the
same ownership shall be considered as one lot whether or not this
combination creates a conforming lot.
Any alteration of the lot line(s) or dimensions of any lots,
whether or not shown on a plat previously approved and filed in the
Orange County Clerk's office, which alteration will result in
land area becoming part of an existing adjacent lot, provided that
no new lots are created. No lot line change shall create any nonconforming
lots or make existing lots more nonconforming. No lot line change
shall make an unimproved nonconforming lot into a conforming lot.
A lot line change as defined herein shall not be deemed a subdivision.
The Planning Board of the Village of Warwick.
The Village of Warwick, Orange County, New York.
The Village Board of Trustees of the Village of Warwick.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law and applicable provisions of the Village 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" as set forth
in this chapter, 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 as provided herein. If a proposed
alteration of lot lines or dimensions does not meet the definition
of "lot line change" as set forth herein, it shall be subject to subdivision
review and determination.
The applicant shall submit an application for approval of a lot line change plat along with a State Environmental Quality Review Act (SEQRA) short form environmental assessment form (EAF) and the appropriate application fee and professional service fees established by the Village. Said application shall contain information described in §§ 121-5 and 121-6 below.
The lot line change plat shall include the following information:
A.
The title block shall include the proposed lot line change name,
the name of the Village and county, and the name and address of the
record owner(s), North point, map scale of no less than one inch equals
50 feet and the date of drawing and of the latest revision (if any).
B.
The location of existing structures, wells, septic systems, driveways,
streets, utility lines, fences, pools, patios, sidewalks, significant
vegetation, and zoning district boundaries, if any, within 50 feet
of the lots subject to the lot line change.
C.
The location of intersection(s) of private roads and driveway(s)
with a public road.
D.
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 New York State licensed
land surveyor.
E.
A zoning table showing the current zoning requirements and proposed
minimum dimensions for lots and buildings.
F.
Existing and proposed lot areas and setback distances from property
boundaries of each building and structure.
G.
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.
H.
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 Village tax records.
J.
All existing restrictions on the use of lots subject to the lot line
change, including easements, rights-of-way and covenants.
K.
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.
L.
The location of floodplains, protected wetlands and steep slopes
in excess of a ten-percent grade. Grades in excess of a ten-percent
grade will require that the plat show existing topographic data as
determined by the Planning Board.
M.
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 land is added are combined to form a single, undivided lot.
N.
The plat shall contain a signature block consistent with the then
applicable and current practices of the Village of Warwick.
A.
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.
B.
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.)
Eight copies of the lot line change plat shall be presented
to the Chairman of the Planning Board or his designee no later than
15 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.
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 Village Board.
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 requested
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.
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.
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, and any other local,
state or federal agency.
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. For purposes of
SEQRA review, a lot line change project is hereby declared to and
deemed to be a Type II action by the Village of Warwick.
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.
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.
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, if there be such, and, if not, then to the Building Inspector
for the Village, for a determination on whether the variance will
be invalidated by an approval of the lot line application. If that
be the determination and the lot line plat be thereafter filed, such
a variance shall be thereupon nullified, voided, and of no further
effect. Nothing herein shall preclude a reapplication to the Zoning
Board of Appeals for approval of a voided variance.
A public hearing for a lot line change may be required if the
Planning Board has reason to believe, in its discretion, that a public
hearing on the application is needed. If there is a public hearing
scheduled, notice shall be given in the manner specified in the chapter
for public hearings on subdivisions.[1]
Upon completion of the approval procedures set forth in these
regulations, the lot line change shall be deemed to have approval.
Two reproducible mylars 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 Village of Warwick. Planning Board approval of a lot line change
plat shall not be deemed an acceptance by the Village of any road,
or other land, shown as offered for cession to public use and ownership.
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 Village Clerk, and
the costs of such a proceeding, including the reasonable attorney's
fees and disbursements incurred, may be added to the ad valorem taxes
due on the parcels and collected as part of the real property tax
levy affected by the then filed plat.
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 render any prior determination null and void, and any resubmission
shall require full compliance with this chapter.
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
Village 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 Village
Law § 7-728 or successor legislation.
