[HISTORY: Adopted by the Town Board of the Town of LeRoy 3-22-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
This chapter is enacted by the Town Board of the Town of LeRoy, pursuant to the provisions of § 10 of the Municipal Home Rule Law, to regulate the division of land into individual lots when such divisions of land fail to meet the threshold for review as a subdivision as set forth in Chapter 135, Subdivision of Land. It is declared to be the policy of the Town of LeRoy to consider land separations as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that lots created by land separations shall be of such character that they can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, wastewater treatment and other needed improvements; and that all proposed lots shall be so laid out and of such size as to be in compliance with Chapter 165, Zoning, and in harmony with the development pattern of the neighboring properties.
This chapter shall be known as the "Town of LeRoy Land Separation Law."
As used in this chapter, the following terms shall have the meanings indicated:
- CLERK OF PLANNING BOARD
- The Town of LeRoy Town Clerk.
- FORMAL OFFER TO SELL
- Any offer to sell land which involves a form of public offering, including, but not limited to, real estate listings, media advertising (printed, radio, television, etc.) or use of signs.
- A. Any division of land into four or fewer lots (including the original) within a three-year period where all such developable lots or parcels:
- B. "Land separation" shall also include the division of land to allow the transfer of property between adjacent parcels, provided that nonconforming lots or parcels are not created and no existing degree of nonconformity is increased.
- C. The three-year period shall be measured back from the date of filing with the Clerk of the Planning Board of the application for land separation. Divisions occurring before the filing of such application (whether occurring before or after the effective date of this chapter and whether made by the applying property owner or a different property owner) shall be counted as a separation having occurred on the date of recording of the deed for such separation. Public acquisitions by purchase of strips of land for the widening or opening of streets and the transfer of agricultural parcels of at least 10 acres for the purpose of continued agriculture shall not be included within this definition, nor subject to these regulations.
- D. "Land separations" shall be processed in compliance with the Town of LeRoy Land Separation Law unless the Planning Board deems it necessary for the protection of public health, safety and welfare (i.e., stormwater drainage, topography, etc.) that a land separation be processed as a subdivision.
- A piece, parcel or plot of land intended as a unit for transfer of ownership or for development.
- PROPERTY OWNER
- The owner of the property subject to the proposed land separation or his/her duly authorized representative (such authorization shall be provided in writing).
- A. Division of land into lots that is not considered a land separation as defined herein. "Subdivision" shall include, but is not limited to, the division of any parcel of land into five or more lots (including the original) in a three-year period or division at any time into any number of lots when any of such lots:
- B. This definition shall apply when land is divided for the purpose, whether immediate or future, of transfer of ownership or development and shall include resubdivision.
- C. A division of land shall constitute a "subdivision" upon the sale of the fifth lot (including the original) therefrom within any consecutive three-year period or the sale of a lot at any time which does not front on an existing public street; requires extension of municipal facilities; or involves the creation of a nonconforming lot, and at this time, the application procedure for a subdivision under these regulations shall apply to all such lots, including any previous lots, regardless of whether said lots have been sold singly or collectively.
- D. The three-year period shall be measured back from the date of filing with the Clerk of the Planning Board of the application for subdivision. Divisions occurring before the filing of such application (whether occurring before or after the effective date of this chapter and whether made by the applying property owner or a different property owner) shall be counted as a separation or subdivision having occurred on the date of the recording of the deed for such separation or division. Public acquisitions by purchase of strips of land for the widening or opening of streets and the transfer of agricultural land of at least 10 acres for the purpose of continued agriculture shall not be included within this definition, nor subject to these regulations.
- E. Once a subdivision has been created, any subsequent division of lots from the original tract of land, irrespective of when such division(s) occur(s), shall be subject to review as a "subdivision," unless such proposed lots are greater than 1/2 mile from any point on the boundary lines of lots created by a previous subdivision in the original tract.
Whenever any land separation is proposed and before any contract for sale of or any formal offer to sell any lots in such land separation or any part thereof is made, and before any permit for the erection of a structure in such proposed land separation shall be granted, the property owner shall apply, in writing, and obtain approval of such land separation in accordance with the following procedures:
Submission of sketch plan.
A property owner shall, prior to undertaking a land separation, submit to the Clerk of the Planning Board, at least seven days prior to any regular meeting of the Board, a completed application for and eight copies of a sketch plan of the proposed land separation. The sketch plan shall show:
At that time, the property owner shall also pay the land separation fee established by separate resolution of the Town Board.
Consideration by Planning Board.
The property owner should attend the meeting of the Planning Board to discuss his/her proposal as set forth in the sketch plan.
The Planning Board shall determine whether the application should be processed as a land separation or whether it should be processed as a subdivision. When it deems necessary for protection of the public health, safety and welfare, the Planning Board may require a land separation to be processed as a subdivision in compliance with Chapter 135, Subdivision of Land.
The property owner shall obtain acceptable documentation from the Genesee County Health Department that the proposed lot(s) can support an on-site wastewater treatment system. Such documentation shall indicate whether a conventional or a nonconventional wastewater treatment system is proposed.
The Planning Board shall, where it deems necessary, make specific recommendations, in writing, to be incorporated by the applicant into the proposal. At this time, the Planning Board may waive the property survey required for final authorization if good cause is shown.
The Planning Board shall act by resolution to approve, approve with modification(s) or disapprove a proposed land separation. Such resolution shall include any modifications or documentation required and shall further specify if a waiver is included. If the Planning Board approves or approves with modification(s) the proposed land separation, the property owner may then proceed to final authorization.
In order to receive final authorization, the property owner shall provide the Planning Board Chairperson or his/her designee with three complete copies of the following material:
Upon determination that the required material complies with all recommendations and without further meeting of the Planning Board, the Chairperson or other duly designated Planning Board member may sign the survey or sketch plan and provide the property owner with a letter stating that such land separation has been approved.
All applicable statutes, laws and local ordinances in conflict with the provisions of this chapter, including §§ 276 and 277 of the Town Law, are hereby superseded to the extent necessary to give this chapter full force and effect.