[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."
(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)."