Town of Forestburgh, NY Article III Lot Improvements, Natural Subdivisions, Land Divisions and Lot Line Revisions

§ 148-9 Purpose of article.

The Town Board recognizes that there are certain activities associated with land division and development that, by reason of their limited nature and extent, require an expeditious and less expensive process for review and approval. Accordingly, it is the purpose of this article to establish a streamlined method for review and approval of land divisions, lot improvements, natural subdivisions and lot line revisions. This article is intended to supersede and amend inconsistent provisions of Town Law § 276, Subdivisions 5, 6 and 8, by eliminating the provisions requiring public hearings and the provisions for default approval resulting from the Planning Board's failure to take any action or hold any hearing on a preliminary or final plat within the statutory time periods.

§ 148-10 Lot improvements and natural subdivisions.

A. Standards. A lot improvement or a natural subdivision, as defined in § 148-8 of this chapter, shall be exempt from the requirements of a subdivision application. In order to qualify for an exemption from the requirements of a land division, a minor or a major subdivision application, the following conditions shall be met:

(1) The proposed lot improvement or natural subdivision must conform to the appropriate definition thereof set forth in § 148-8 of this chapter; and

(2) An application for the lot improvement or natural subdivision shall be submitted to the Town Clerk. Application forms are available from the Code Enforcement Officer or the Town Clerk. Unless otherwise requested by the Code Enforcement Officer or the Town Clerk, the applicant shall submit the number of applications specified in the application, together with an application fee as prescribed by the Town Board.

B. Plat requirements. Plats submitted as lot improvements or natural subdivisions shall contain the same plat data as is required for land divisions, pursuant to § 148-11.

C. Upon presentation of a complete application, including a lot improvement plat or natural subdivision plat that conforms to the standards required by this section, an environmental assessment form, and the requisite fee, the Planning Board shall approve the lot improvement or natural subdivision, provided it complies with the definitions set forth at § 148-8 of this chapter. The signature of the Planning Board Chairperson or other duly authorized officer of the Planning Board on the plat shall constitute final approval.

D. Decision. In rendering its decision concerning an application for lot improvements and natural subdivision approval, the Planning Board shall consider the purposes of this chapter as set forth in § 148-5 and shall give due consideration to the potential for the further division of the parent parcel. The Planning Board may attach reasonable conditions to its approval of a lot improvement or natural subdivision in order to avoid or minimize any adverse effects on adjoining lands.

E. Action on lot improvements and natural subdivisions. The Planning Board shall, within 62 days of receipt of a complete application, approve, conditionally approve with or without modification, or disapprove the lot improvement or natural subdivision plat. When conditionally approving a plat, the Planning Board shall state in writing the modifications, if any, it deems necessary before the plat will be signed by the Planning Board Chairperson. The Planning Board shall also set forth in writing its reasons for any disapproval.

F. Filing of notice of action. Written notice of the action or resolution of the Planning Board, plus any conditions attached thereto, shall be provided to the applicant, and a copy of such notice shall be filed with the Town Clerk within five business days of the date of approval.

G. Filing of approved plat; expiration of approval. The applicant shall file the approved lot improvement plat or natural subdivision plat in the office of the County Clerk within 62 days from the date of final approval or such approval shall expire.

H. Filed plat map. Within 30 days of the date the final plat is filed with the County Clerk, the applicant shall submit one copy of the filed map showing the endorsement of the County Clerk to the Town Clerk.

I. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made to any lot improvement plat or natural subdivision plat after endorsement of said plat by the Planning Board Chairperson unless said plat is first resubmitted to the Planning Board and it approves any modifications. Such modified plat shall be resubmitted to the Planning Board for restamping and signature. In the event that any such lot improvement plat is recorded without complying with this requirement, the same shall be considered null and void, and the Town may institute proceedings to have the plat stricken from the records of the County Clerk.

§ 148-11 Land divisions.

A. Standards. A land division, as defined in § 148-8 of this chapter, may, upon the determination of the Planning Board, be exempt from the requirements of a subdivision application. In order to qualify for an exemption from the requirements of a minor subdivision application, the following conditions shall be met:

(1) Land divisions are permitted in the RR-1 and RC districts only. Land divisions involving property located in any other district shall be subject to the procedures for processing of a minor subdivision.

(2) In areas not served by central water and/or central sewer facilities, up to four lots may be created from a parent parcel within any five-year period, provided that not more than one new lot may be created from a parent parcel in any twelve-month period. In areas served by central water and/or central sewer facilities, no more than one lot may be created from a parent parcel within any five-year period, unless the parent parcel is in agricultural use in an agricultural district, in which case up to four lots may be created from the parent parcel within any five-year period. In all cases, a separate application shall be required for each lot to be divided, and the Planning Board may consider only a single land division from a parent parcel at any one time. For purposes of this subsection, "served by central water and/or central sewage treatment facilities" shall mean:

(a) A property that has a central water distribution line or a central sewage disposal collection line within 100 feet of the property line; and

(b) The water system and/or the sewage treatment system has capacity to provide service to the lot to be created.

(3) In all cases the size and configuration of the new lot and the remaining parent parcel shall be a buildable lot as defined in this chapter and the Town zoning law.[1]

[1] Editor's Note: See Ch. 180, Zoning.

(4) Each lot of a land division shall meet the area, yard and bulk requirements of the Town zoning law for the district in which the lots are located.

(5) No new streets or extensions to any existing street shall be required.

(6) Each new lot shall also meet the requirements of all local, state and federal standards regarding protection of freshwater wetlands.

(7) Each new lot shall have adequate site distance from the road on which it fronts.

B. Land division application and plat data.

(1) Application. An application for a land division shall be submitted to the Town Clerk. Application forms are available from the Code Enforcement Officer or the Town Clerk. Unless otherwise requested by the Code Enforcement Officer or the Town Clerk, the applicant shall submit the number of applications specified in the application. The application shall include the following:

(a) Payment of an application fee as prescribed by the Town Board.

(b) A short form environmental assessment form pursuant to Article 8 of the Environmental Conservation Law.

(c) An actual field survey of the boundary lines of the lots to be divided from the entire tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The survey shall include:

[1] A title block containing:

[a] Parcel owner's name.

[b] Street address of parcel to be divided, including town and county.

[c] Tax parcel number of lot to be divided.

[d] Name and address of map preparer.

[2] A North arrow point.

[3] A map scale.

[4] The zoning district in which the parcel is located and the bulk requirements for that district.

[5] The date of the survey and the latest revision date (if any).

[6] The location of existing and proposed structures, well and septic systems, on the parent parcel and all adjoining parcels, including offset distances to property lines and highway right-of-way boundaries, and indicating conformance to zoning district requirements.

[7] The location of driveway(s) and their intersection with public road(s).

[8] A location map.

[9] The total acreage of the parcel and acreage of both proposed lots.

[10] Planning Board approval box.

(d) Accompanying information. The following information shall accompany a land division application:

[1] A copy of the current recorded deed of the parent parcel, together with copies of any recorded covenants, restrictions or easements affecting the parent parcel.

[2] Letter of approval (if applicable) from the Town Highway Department, or the Sullivan County Department of Public Works, or the New York State Department of Transportation approving the driveway access for the new lot.

C. An applicant for a land division shall provide a written disclosure of any future plans to further divide the parent parcel, including plans for creation of central water supply and/or sewage treatment facilities, and the Planning Board shall give due consideration to 6 NYCRR 617.3(g)(1) of the State Environmental Quality Review Act as it relates to segmentation.

D. Any application that does not meet each of the requirements of Subsection A(1) through (6) above shall be processed as an application for subdivision approval pursuant to this chapter.

E. Compliance with the State Environmental Quality Review Act. An application for a land division shall not be considered complete until a negative declaration has been issued by the Planning Board. If the Planning Board determines that the land division may have one or more potentially significant environmental impacts, the application shall be processed as an application for subdivision approval.

F. Decision. In rendering its decision concerning an application for land division approval, the Planning Board shall consider the purposes of this chapter as set forth in § 148-5 and shall give due consideration to the potential for the further division of the parent parcel. The Planning Board may attach reasonable conditions to its approval of a land division in order to avoid or minimize any adverse effects on adjoining lands.

G. Action on land division plat. The Planning Board shall, within 62 days of receipt of a complete application, approve, conditionally approve with or without modification, or disapprove the land division plat. When conditionally approving a plat the Planning Board shall state in writing the modifications, if any, it deems necessary before the plat will be signed by the Planning Board Chairperson. The Planning Board shall also set forth in writing its reasons for any disapproval.

H. Filing of notice of action. Written notice of the action or resolution of the Planning Board, plus any conditions attached thereto, shall be provided to the applicant, and a copy of such notice shall be filed with the Town Clerk within five business days of the date of approval.

I. Duration of conditional approval. Conditional approval of a land division plat shall expire within 180 days after the date of approval by the Planning Board unless all requirements and conditions have been completed. The Planning Board may extend the time in which a conditionally approved plat must be submitted for signature for good cause shown, based upon the particular circumstances.

J. Filing of final plat; expiration of approval. The applicant shall file the approved final plat in the office of the County Clerk within 62 days from the date of final approval or such approval shall expire. The signature of the Planning Board Chairperson or other duly authorized officer of the Planning Board on the plat shall constitute final approval.

K. Filed plat map. Within 30 days of the date the final plat is filed with the County Clerk, the applicant shall submit one copy of the filed map showing the endorsement of the County Clerk to the Planning Board.

L. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made to any land division plat after endorsement of said plat by the Planning Board Chairperson. If the applicant seeks to change, modify or revise the plat, or correct an error in the endorsed plat, the new plat and written explanation for the change shall be submitted to the Planning Board which will then determine if it will or will not approve the modified plat, and allow restamping and endorsement by the Planning Board Chairperson. In the event that any such land division plat is recorded without complying with this requirement, the same shall be considered null and void, and the Town may institute proceedings to have the plat stricken from the records of the County Clerk.

§ 148-12 Lot line revisions.

A. Standards. A lot line revision, as defined in § 148-8 of this chapter, may, upon the determination of the Planning Board, be exempt from the requirements of a subdivision application. In order to qualify for an exemption from the requirements of a minor or a major subdivision application, the following conditions shall be met:

(1) Lot line revision criteria. A lot line revision shall not be approved unless the Planning Board has determined that:

(a) The lot line revision does not adversely affect the development of the remaining lands within the subdivision.

(b) The lot line revision does not adversely affect the development and/or quiet enjoyment of adjoining property.

(c) The lot line revision is consistent with the subdivision approval(s) originally issued by the Planning Board by which the subject parcel(s) was (were) established or amended.

(d) The conditions of the subdivision approval(s) originally issued by the Planning Board have been completed or have been waived by the Planning Board.

(e) The lot line revision is consistent with the Town Comprehensive Plan, Official Map of the Town, the Town zoning law[1] and this chapter.

[1] Editor's Note: See Ch. 180, Zoning.

B. (Reserved)

C. Lot line revision application and plat data.

(1) Application. An application for a lot line revision shall be submitted to the Town Clerk. Application forms are available from the Code Enforcement Officer or the Town Clerk. Unless otherwise requested by the Code Enforcement Officer or the Town Clerk, the applicant shall submit the number of applications specified in the application. The application shall include the following:

(a) Payment of an application fee as prescribed by the Town Board.

(b) An actual field survey of the boundary lines of the lots involved in the lot line revision, drawn to scale and giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The survey shall include:

[1] A title block containing:

[a] Subdivision name in which the lots are located.

[b] Street addresses of lots being revised, including town and county.

[2] Names of the owners of lots being revised.

[3] Name and address of map preparer.

[4] Tax parcel numbers of lots being revised.

[5] A North arrow point.

[6] A map scale.

[7] The zoning district of the lots, and the bulk requirements for that district(s).

[8] The date of the survey and the latest revision date (if any).

[9] The location of existing and proposed structures, including offset distances to property lines and highway right-of-way boundaries, and indicating conformance to zoning district requirements.

[10] The area of the lots prior to and subsequent to the lot line revision.

[11] Location of existing or proposed easements, deed-restricted areas, streets, paved areas, public or private utilities, manholes, catch basins, water and septic, or other public or private improvements located within the area of the lot line revision or immediately adjacent thereto.

[12] The location of driveway(s) and their intersection with public road(s).

[13] Name, approval date, map reference and preparer of original subdivision.

[14] Planning Board approval box.

(c) Accompanying information. A copy of the current recorded deeds of both parcels, together with copies of any recorded covenants, restrictions or easements affecting both parcels.

D. Applicant to attend Planning Board meetings. The applicant or his duly authorized representative shall attend meetings of the Planning Board at which the application is considered. The Planning Board may conduct a public hearing if it deems that such requirement is necessary to obtain additional information on the application.

E. Decision. In rendering its decision concerning an application for a lot line revision, the Planning Board shall consider the purposes of this chapter as set forth in § 148-5 and shall give due consideration to the potential for the further division of either parcel. The Planning Board may attach reasonable conditions to its approval of a lot line revision in order to avoid or minimize any adverse effects on adjoining lands.

F. Action on lot line revision. The Planning Board shall, within 62 days of receipt of a complete application, approve, conditionally approve with or without modification, or disapprove the lot line revision. When conditionally approving a plat, the Planning Board shall state in writing the modifications, if any, it deems necessary before the plat will be signed by the Planning Board Chairperson. The Planning Board shall also set forth in writing its reasons for any disapproval.

G. Filing of notice of action. Written notice of the action or resolution of the Planning Board, plus any conditions attached thereto, shall be provided to the applicant, and a copy of such notice shall be filed with the Town Clerk within five business days of the date of approval.

H. Duration of conditional approval of a lot line revision. Conditional approval of the lot line revision plat shall expire within 180 days after the date of adoption of the resolution granting such approval unless all applicable requirements stated in such resolution have been completed. The Planning Board may extend the time in which a conditionally approved plat must be submitted for signature for good cause shown, based upon the particular circumstances.

I. Endorsement of the Chairperson. Upon approval of the lot line revision, the applicant shall carry out the following steps prior to obtaining the Chairperson's signature of approval:

(1) Make all required corrections or changes to the lot line revision plat as outlined in the resolution of the Planning Board and provide two copies of the corrected final plat to the Town Clerk who shall deliver a copy to the Code Enforcement Officer and Chairperson for final review for compliance with the resolution of the Planning Board. The applicant shall also complete all applicable conditions, if any, of the Planning Board resolution approving the final plat and provide proof of compliance to the Town Engineer.

(2) Provide Mylar and paper copies of the lot line revision in such quantity as specified by the Planning Board to the Town Clerk for the endorsement of the Chairperson. After the Chairperson has signed the Mylar and the paper copies of the plat, the Town Clerk shall immediately notify the applicant of the availability of the lot line revision plat. The applicant is solely responsible for filing of the lot line revision plat with the County Clerk.

J. Filing of lot line revision plat; expiration of approval. The applicant shall file the approved lot line revision plat in the office of the County Clerk within 62 days from the date of final approval or such approval shall expire. The signature of the Chairperson or other duly authorized officer of the Planning Board signifying final approval and completion of conditions of final approval by the Planning Board shall constitute approval.

K. Filed plat. Within 30 days of the date the lot line revision plat is filed with the County Clerk, the applicant shall submit one copy of the plat showing the endorsement of the County Clerk to the Town Clerk.

L. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made to any lot line revision plat after the endorsement of the Planning Board Chairperson. If the applicant seeks to change, modify or revise the plat, or correct an error in the endorsed plat, the new plat and written explanation for the change shall be submitted to the Planning Board which will then determine if it will, or will not, approve the modified plat, and allow restamping and endorsement by the Planning Board Chairperson. In the event that any such lot line revision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Town may institute proceedings to have the plat stricken from the records of the County Clerk.

M. Boundary line written agreements are not prohibited, provided their terms do not violate the provisions of the Town's zoning law, subdivision regulations, Comprehensive Plan, or other land use regulations. Written boundary line agreements must be limited to those agreements made in order to establish the common boundary between property owners where there are conflicting boundary descriptions. These agreements should not be considered in instances where property owners intend to transfer lot areas to increase or decrease the size of contiguous lots. In these instances, the lot improvement procedures should be followed. Proposed boundary line agreements shall be presented to the Planning Board for review and approval at least two weeks prior to a regularly scheduled meeting. The Planning Board's review shall be limited to assuring compliance with the zoning law. A party to the proposed agreement shall present documentation to the Planning Board to demonstrate continued compliance with the zoning law.