The adjustment of lot boundaries or simultaneous division and transfer of land between adjacent parcels of property shall be exempt from the procedural requirements for major or minor subdivisions, provided such division of land does not: 1) create a new lot; or 2) reduce the size of any existing lot area, dimensions or building setbacks below the applicable minimum requirements for the zoning district, as provided by the Zoning Law. This exemption is based on the required result of the boundary line adjustment that no additional lot is created. The purpose of this exemption is to allow property owners to adjust the boundaries of existing lots with minimal delay and expense. When a boundary line adjustment is proposed, the Board must determine if the adjustment will adversely affect or change the character of any parcel involved. A boundary line adjustment is permitted for lots with preexisting nonconformities related to lot size, setbacks or other dimensions, and an area variance from the Zoning Board of Appeals shall not be required, provided the degree of nonconformity is not increased or a new nonconformity is not created. A boundary line adjustment shall not create any additional lot and shall not impede the maintenance of existing or future access or utility service to any lot that is the subject of a boundary line adjustment.
A.
Survey requirements. The line or lines to be changed in the boundary line adjustment shall be surveyed. The Planning Board may require the entire portion of the parcel or parcels on which the boundary line adjustment is to take place to be surveyed in order to meet Columbia County requirements.
B.
Submission requirements. Six paper copies and a .pdf copy of a boundary line adjustment map, as defined in this chapter, and an application for boundary line adjustment, as available from the Planning Board Clerk or Town Clerk, shall be submitted to the Planning Board Chairperson or Planning Board Clerk seven days prior to the next regularly scheduled Planning Board meeting.
C.
Review. If the application and map do not meet the requirements set forth in the first paragraph of this section, the Planning Board shall process the application as a minor subdivision under the procedures set forth in this chapter. If the application and map do meet the requirements set forth in the first paragraph of this section and no adverse changes are foreseen, the Planning Board may waive the procedural requirements of minor subdivision review and allow the boundary line adjustment without further evaluation. No public hearing is required for a boundary line adjustment, but the Planning Board may require a public hearing if it is deemed by the Planning Board that the proposed boundary line adjustment has the potential to:
D.
Action. Within 62 calendar days of the Planning Board determination that the boundary line adjustment application and map are complete, the Planning Board shall act to approve, conditionally approve with or without modifications, or disapprove the proposed boundary line adjustment and so indicate on the boundary line adjustment map. Failure by the Planning Board to act within the stated time period, or a mutually agreed upon extension thereof, shall constitute approval of said map. The Planning Board's decision granting conditional approval, with or without modification of the map, shall also empower a duly authorized officer to sign the map as approved, upon compliance with such conditions and requirements as may be stated in the conditions of approval. This approval authorizes filing of the approved map with the Columbia County Clerk.
E.
Filing. The boundary line adjustment map must be filed with the Columbia County Clerk within 62 calendar days of the Planning Board's approval or it shall become null and void and the applicant will have to reapply. The applicant shall draft and file new deeds with the County Clerk within 10 days of the filing of the approved boundary line adjustment map with the County Clerk. The deed shall contain the survey descriptions of the affected parcels as per the approved boundary line adjustment map approved by the Planning Board. A copy of the recorded new deed or deeds effectuating the boundary line adjustment shall be filed by the applicant with the Planning Board within 10 days of recording the deed or deeds. The portion of land divided from a parcel and transferred to the receiving parcel and the receiving parcel to which such land is being annexed or joined shall be considered one lot for purposes of all present and future uses.
F.
Fees. A fee, pursuant to a fee schedule as may be established by resolution of the Town Board, shall be paid prior to Planning Board consideration of a boundary line adjustment.
G.
Lot merger. When two existing lots are proposed to be completely merged into one lot, the owner of the lots shall obtain approval from the Town Assessor and no application or approval from the Planning Board is required.