Whenever any subdivision of land is proposed
to be made, and before any contract for the sale of or any offer to
sell any lots in such subdivision or any part thereof is made, and
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply in writing for approval of such proposed subdivision
in accordance with the following procedures.
[Added 5-26-2015 by L.L.
No. 2-2015]
A. Application and fee.
(1)
Whenever any adjacent lots are proposed for lot line adjustments,
before any deeds are filed with the County Clerk, the owner or his
or her authorized agent shall apply for approval of such lot line
adjustment by submitting to the Planning and Building Department on
forms provided, accompanied by two copies of a sketch plan of the
proposed lot line adjustment as detailed below.
(2)
The application shall be accompanied by a fee established by the Town Board. (See Chapter
98 of the Code of the Town of Niskayuna.)
B. Sketch plan.
(1)
A sketch plan shall be based on Tax Map information, a previously filed subdivision map or some other similarly acceptable base map at a scale of not less than 100 feet per inch. The sketch plan shall contain information pursuant to §
189-22, except §
189-22B(6), and the following:
(a)
Boundary information of the parcels to be adjusted, and the
location of the proposed lot line adjustments;
(b)
The revised areas of the lots and the required building envelopes;
(2)
Documentation demonstrating consent from the owner(s) of the
property from which any portion of the parcel is proposed to be taken.
(3)
The Town Zoning Enforcement Officer shall review the application
to ensure that the lot line adjustment will not result in any code
violations or require any permits from other involved agencies. If
the lot line adjustments are in conformance with the Zoning Ordinance, the applicant will be notified in writing that he/she
may file a final lot line adjustment map as detailed below.
C. Planning Board review.
(1)
Final map. Within six months after notification by the Zoning
Enforcement Officer that the lot line adjustment can proceed, the
applicant shall submit a final lot line adjustment map to the Secretary
of the Planning Board. Failure to do so shall require resubmission
of the sketch plan to the Zoning Enforcement Officer for reconsideration.
(2)
Map requirements. The plat shall conform to the layout shown
on the sketch plan reviewed by the Zoning Enforcement Officer. The
plat shall be prepared by a licensed engineer or surveyor, shall contain
an actual field survey of the boundary lines of the amended parcels,
giving complete descriptive data by bearings and distances, and be
suitable for filing with the County Clerk. Copies of the proposed
deeds and parcel descriptions resulting from the lot line adjustment
shall be provided.
(3)
Number of copies. Eight copies of the lot line adjustment map
shall be presented to the Secretary of the Planning Board at least
10 days prior to a regularly scheduled meeting of the Planning Board.
(4)
Meeting attendance. The applicant or his duly authorized representative
may be required to attend a meeting of the Planning Board to discuss
the lot line adjustment plat.
(5)
Decision. The Planning Board will review the final lot line
adjustment map to assure that all requirements are met and the proposal
will not adversely impact neighboring properties, alter the character
of the neighborhood nor negatively impact the health, safety or welfare
of Town residents.
(6)
Recording of final map. Within 62 days next following the date
of official approval by the Planning Board and endorsement of such
in writing on the plat, the applicant shall file the final lot line
adjustment plan with the County Clerk. Otherwise, such final approval
shall expire as provided in § 276 of the Town Law.
(7)
Void if revised. No changes, erasures, modifications or revisions
shall be made in any subdivision plat after approval has been given
by the Planning Board and endorsed in writing on the plat, unless
said plat is first resubmitted to the Planning Board and such Board
approves any modifications. In the event that any such subdivision
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.
Upon completion of the requirements in §§
189-9 and
189-10 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 30 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.
No changes, erasures, modifications or revisions
shall be made in any subdivision plat after approval has been given
by the Planning Board and endorsed in writing on the plat, unless
the said plat is first resubmitted to the Planning Board and such
Board approves any modifications. In the event that any such subdivision
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.