By authority of the City Council, pursuant to
the provisions of the General City Law, the Planning Board has the
power and authority to review and approve or disapprove plats showing
lots, blocks or sites, with or without streets, private roads or highways,
within the City of Beacon.
Land within the City of Beacon may be subdivided
into lots, blocks or sites, with or without streets, private roads
or highways, only if approved by the Planning Board in accordance
with the procedures and requirements as set forth in this chapter
and only if the approved plat is duly filed in the Office of the County
Clerk of Dutchess County, New York. Construction, excavation, filling,
regrading, clearing of vegetation, or other similar activities related
to a proposed subdivision shall not be begun within any area proposed
or intended for subdivision until said subdivision shall have been
approved, or approved with modifications by the Planning Board.
A resubdivision, as defined herein, is subject
to the same procedure, rules and regulations applicable to an original
subdivision.
[Added 7-2-2018 by L.L. No. 12-2018]
A.
Exemption. A lot line adjustment shall not be considered a subdivision
and is therefore exempt from the procedural requirements otherwise
imposed upon a subdivision. A lot line adjustment, however, must be
determined to be exempt by the Building Inspector based upon the lot
line adjustment criteria set forth herein.
B.
Criteria for classification as a lot line adjustment.
(1)
No new lot is to be created; or
(2)
The action is intended to adjust, relocate or correct an existing
lot line; or
(3)
The intended conveyance will involve a part of one lot being
added to an adjoining lot; and
(4)
Neither of the lots involved will become nonconforming in any respect under Chapter 223, Zoning, as a result of the lot line adjustment.
(5)
Notwithstanding any of the foregoing, a lot line adjustment
involving a legal nonconforming lot, where the lots involved in the
lot line adjustment are improved, may be permitted if such lot line
adjustment does not increase any dimensional nonconformity by more
than 7%.
C.
Application process.
(1)
An application for a lot line adjustment exemption shall be
submitted to the Building Department and shall be on a form approved
by the Building Inspector.
(2)
The application shall be accompanied by the required application
fee, payable to the City of Beacon, in the amount set forth in the
City of Beacon Fee Schedule, which is on file in the City Clerk's
office.
(3)
The application shall contain:
(a)
The name, address and telephone number of each lot owner involved
in the lot line adjustment.
(b)
The address and Tax Map number of each lot involved.
(c)
An explanation of the intended adjustment and the reason(s)
therefor.
(d)
A map, acceptable to the Building Inspector, drawn to scale
depicting the existing lot line as well as the proposed new lot line.
(e)
Any other documentation and/or information required by the Building
Inspector.
D.
In the event that the exemption is denied, the Building Inspector
shall specify the reason(s) therefor in the written notice.
E.
The Building Inspector may include in an approval of an application
for lot line adjustment such terms and conditions as the Building
Inspector deems necessary or appropriate to ensure the safety or further
the purpose and intent of this chapter or any other applicable law.
It is declared to be the policy of the City
to consider land subdivisions as part of a plan for the orderly, efficient
and economical development of the City. Land to be subdivided shall
be of such character that it can be used safely for building or development
purposes without danger to health or peril from fire, flood or other
menace, and without resulting in significant damage to the ecology
of the area in which it is located. Proper provision shall be made
for drainage, water, sewerage, electric, telephone, gas, and other
needed improvements. The proposed streets, private roads or highways
shall compose a convenient system conforming to the Official Map and
shall be properly related to the proposals shown on the City Development
Plan. Streets, private roads or highways shall be of such width, grade
and location as to accommodate the prospective traffic, to afford
adequate light and air, and to facilitate fire and police protection.
In proper cases, and when required by the Planning Board, a park or
parks of suitable location, size, and character for playground or
other recreational purposes shall be shown on the subdivision plat.
Further, the City of Beacon has adopted "Greenway Connections: Greenway
Compact Program and Guides for Dutchess County Communities," as amended
from time to time, as a statement of land use policies, principles,
and guides to supplement other established land use policy in the
City. In its discretionary actions under this chapter, the reviewing
agency shall be guided by said statement of policies, principles and
guides, as appropriate.
No permit shall be issued for the erection of
any building within a proposed subdivision until said subdivision
has been duly approved by the Planning Board and filed in the Office
of the County Clerk, except that the Building Inspector may issue
a building permit for a single building based upon the entire tract
of land where there is no other existing building within the proposed
subdivision and where the location of the proposed building is in
accordance with an approved preliminary plat.
Where the Planning Board finds that, because
of the special circumstances of a particular case, extraordinary hardship
may result from strict compliance with this chapter, or where the
Planning Board believes that modification of chapter better serves
the City's interest(s), the Board may modify this chapter so that
substantial justice may be done and the public interest secured; provided,
however, that any such modification will be consistent with the spirit
and intent of this chapter, all City laws, the City Development Plan,
and the Official Map. In permitting any such modification, the Planning
Board shall attach such conditions as are, in its judgment, necessary
to substantially secure the objectives of the standard or requirement
so modified.
A.
Procedure. The City Council may, from time to time,
on its own motion, on petition or on recommendation of the Planning
Board, amend, supplement or repeal the regulations and provisions
of this chapter.
B.
Referral of proposed change to Planning Board. Every
such proposed change shall be referred to the Planning Board for report
thereon before the public hearing required by law. In recommending
the adoption of any such proposed change, the Planning Board shall
state its reasons for such recommendation, describing any conditions
that it believes make the change advisable. In recommending the rejection
or revision of any proposed change, the Planning Board shall similarly
state its reasons.
C.
Referral of proposed change to Dutchess County Department
of Planning and Development. At least 30 days prior to the meeting
at which the adoption of such change is to be considered, the City
Council, in accordance with the provisions of §§ 239-1
and 239-m of the General Municipal Law, shall refer said change to
the Dutchess County Department of Planning and Development for its
advisory opinion.
If any article, section, subsection, paragraph,
sentence, clause, or other part of this chapter is held invalid, the
remaining portion of this chapter shall continue in force as though
adopted without the portion so held invalid.
In order that land may be subdivided in accordance
with the authority, jurisdiction and policy as set forth above, this
chapter is hereby adopted.
