[Added 7-14-2021 by L.L.
No. 2-2021]
A. The applicant(s) shall be the record owners of each of the lots or
parcels affected by the proposed revised lot line and they shall complete
an application for revised lot line on a form to be designated by
the Planning Board and signed by the owners of each of said lots or
parcels.
B. The applicant(s) shall submit to the Planning Board an application and survey showing the proposed revised lot line along with the data as specified in §
132-47 of this chapter. The application shall be accompanied by an application fee in an amount set by the Town Board for such application. Additionally, engineering, legal and consulting review fees as set forth in the Town Code may also apply.
C. No lot line revision shall be approved if any lot, parcel, or structure
on any lot that is decreased in size would, as a result of such decrease,
fail to conform to the requirements of the Town of Fishkill Zoning
Code or, if already nonconforming, become more nonconforming, unless
the applicant has obtained a variance from the Zoning Board of Appeals.
In the event a variance from the Zoning Board of Appeals is required
in order to allow an application for lot line revision approval to
proceed, the applicant shall first submit the application for lot
line revision approval to the Planning Board and shall meet with the
Planning Board to discuss the application prior to submitting any
application for a variance to the Zoning Board of Appeals. In the
event the Zoning Board of Appeals receives an application for a variance
to allow a lot line revision that has not been reviewed by the Planning
Board, the Zoning Board of Appeals shall refer the application to
the Planning Board for an advisory opinion on the application and
the lot line revision plan prior to taking action on the variance
application.
D. Upon receipt of the application and survey, which survey contains the data required in §
132-47 herein and which references the existing filed map number(s) if any, the Planning Board shall schedule the matter to be heard and reviewed at the next available regular Planning Board meeting, which shall be attended by at least one of the applicants or by the applicant's representative. The Planning Board shall review the documents submitted and, in the Planning Board's discretion, approve or disapprove the proposed revised lot line no later than 62 days from the date of the meeting at which the matter was first heard.
E. Grounds for decision. The grounds for approval, with or without modification,
or the grounds for disapproval shall be stated upon the records of
the Planning Board. When approving a revised lot line, the Planning
Board shall state in writing any conditions or modifications it deems
necessary for the Chairman's signature.
F. Upon approval, the proposed deeds of conveyance as required in §
132-47 of this chapter shall be subject to review and approval by the Planning Board Attorney. Upon notification by the Planning Board Attorney that the deeds are in conformity with the provisions of this chapter, the applicant shall submit the Mylar for the Planning Board Chairman's signature.
G. Written notice of the action 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 days of
the Board's decision.
H. In the event that the approved survey map and deeds are not filed
in the office of the County Clerk within 62 days from the date of
the Chairman's signature, the revised lot line approval shall become
null and void as if it had never been approved. Upon request of the
applicants, the Planning Board may extend this time period, provided
that the request for extension has been received in writing and is
signed by the owners of each lot within such original sixty-two-day
period. The Planning Board may grant a single ninety-day extension.
The following documents shall be submitted for approval:
A. Revised lot line application, completed in full.
B. Consent of property owner(s) form, completed in full with original
signatures.
C. Short form environmental assessment form, completed in full.
D. Plans depicting the proposed revised lot line in the quantity and
media type specified by the Planning Board and including the following
data and information:
(1) An accurate survey depicting the condition of the affected properties
as of the time of the application prepared by a New York State licensed
land surveyor, including the date of the survey, the date the map
was prepared, a North point, scale, and the name and address of record
owner(s) and the surveyor, and clearly depicting the lot line(s) to
be revised, showing, and labelling proposed lot lines and lot lines
to be removed.
(2) Site data table listing the name of any school, fire or special districts,
zoning designations of parcels, a zoning table listing the required
lot area and bulk requirements of the zoning district and demonstrating
compliance of the proposed lot configuration with all lot area and
bulk requirements, including road frontage. Lot sizes must be shown
in square feet and acres.
(3) Location map: scale one inch equals 400 feet.
(4) Unless waived or modified by the Planning Board:
(a)
Location of existing watercourses, surface waters, and regulated
wetlands and wetland buffer areas.
(b)
Location of existing sewers, on-site sewage treatments systems,
water mains or on-site wells, culverts, driveways and drains on the
property with pipe sizes, grades, and direction of flow.
(c)
Existing contours with intervals of five feet or less.
(d)
Location of existing property lines, streets, easements, rights-of-way,
and buildings.
(e)
Names, addresses and tax identification numbers of all adjacent
property owners.
(5) The grantor of lands shall submit a proposed deed conveying the portion
of land to the adjoining lot or parcel owner. Said deed must contain
a clause stating that:
"This parcel of land is conveyed pursuant to a revised
lot line approved by the Planning Board of the Town of Fishkill, on
(date), and does not create any new or additional building lots or
parcels."
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(6) The owner of the adjoining lot or parcel shall submit a proposed
deed describing, as a single parcel, the existing adjoining lot or
parcel along with the property to be conveyed, conveying said increased
lot or parcel as a single unified lot or parcel, to himself or herself,
or such entity as the owner desires. Said deed shall contain a clause
as follows: "This deed of conveyance is for the sole purpose of unifying
into a single lot or parcel lands previously owned by the grantor
with lands conveyed to the grantee as a result of a revised lot line
approved by the Planning Board of the Town of Fishkill, on (date)."