By the authority of the resolution of the Town Board of the Town of Fort Edward adopted on December 6, 1988, pursuant to the provisions of Article 16 of the New York State Town Law, the Fort Edward Planning Board is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the county and to conditionally approve the preliminary plats within the Town of Fort Edward. It is declared to be the policy of the Planning Board to consider land subdivision plats for residential, industrial and commercial use as part of a plan for the orderly, efficient and economical development of the town. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provisions shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Master Plan, if enacted, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate its fire protection and to provide access of fire-fighting equipment to buildings; and that proper provision shall be made for open space for parks and playgrounds.
These regulations, which shall be known as and which may be cited as the "Town of Fort Edward Land Subdivision Regulations," have been adopted by the Planning Board on April 2, 1988, and approved by the Town Board on December 6, 1988.
No subdivision of any lot, tract or parcel of land shall be effected and no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use and travel or the common use of occupants of buildings abutting thereon except in strict accordance with the provisions of these regulations.
All plans for subdivision shall be submitted to the Fort Edward Planning Board for review and recording in the Planning Board's minutes.
The provisions contained herein shall apply to all land within the limits of the Town of Fort Edward.
For the purposes of these regulations, all divisions of property or uses involving two or more parcels or dwelling units, including but not limited to condominiums, cooperatives, townhouse development groups, planned unit developments, planned development groups and cluster developments, shall be reviewed as subdivisions.
The following exemptions shall apply:
A boundary line adjustment shall be exempt from review to the extent provided by § 87-3.1.
[Amended 12-28-2011 by L.L. No. 1-2011]
Site plan approval shall also be required as specified in the Site Plan Review Article.
Where possible, it shall be the intent of the Planning Board to consolidate procedures and applications to promote an efficient and timely review.
The Subdivision Regulations of the Town of Fort Edward, as originally adopted by the Town Board on December 6, 1988, are hereby intended to apply to any and all applications and projects which commenced subsequent to the date of adoption, and said Subdivision Regulations are hereby not applicable to applications and projects commenced prior to December 6, 1988. Said subdivisions so undertaken shall not be subject to the Subdivision Regulations, and said regulations shall not be applied retroactively.
[Added 8-14-1989 by L.L. No. 8-1989]
A special use permit shall also be required for planned development groups as specified in the Special Uses Article.
[Added 6-13-2005 by L.L. No. 6-2005]
[Added 12-28-2011 by L.L. No. 1-2011]
A boundary line adjustment is a subdivision of a lawfully existing parcel but shall not require subdivision approval, site plan review or an area variance, provided that all of the following conditions are met:
The proposed boundary line adjustment area is adjacent to and shares at least a portion (more than a point) of common boundary line with the receiving parcel; and
The boundary line adjustment area is of a size and configuration that could not reasonably accommodate the construction of a single-family dwelling, barn, garage, commercial building or similar structure; and
The boundary line adjustment would not cause or increase any deficiency or nonconformity in minimum lot size, road frontage, building setbacks, maximum allowable lot coverage or any other criteria listed in Article IV of the Town of Fort Edward Zoning Law, in either the granting or receiving parcel, though it may reduce the degree of nonconformity in an existing nonconforming receiving parcel; and
The boundary line adjustment would not allow for any increase in the number of principal buildings on the resulting, merged parcel; and
The grantee of the boundary line adjustment area would be the same as the landowner of the receiving parcel; and
The owners of the granting parcel and the owners of the receiving parcel all consent in writing to the boundary line adjustment; and
The boundary line adjustment area would be merged with and become a part of the receiving parcel and would not have any separate legal existence, or be capable of being conveyed, other than for the purpose of merger with the receiving parcel; and
Prior to merger with the receiving parcel there shall be no right to build any structure upon a boundary line adjustment area or otherwise exercise any of the rights that would be associated with a lot which has received subdivision approval from the Planning Board.
The deed or boundary line adjustment agreement describing the boundary line adjustment area must contain a covenant stating that the conveyance is a boundary line adjustment and that the boundary line adjustment area is to merge with and into the adjacent receiving parcel, resulting in a single unified parcel, and may not otherwise be sold or separately conveyed, and must state that these covenants "run with, touch and concern the land."
The Planning Board shall have the authority to review a proposed property transfer to determine whether the transfer would meet the requirements to qualify as a boundary line adjustment and whether all necessary information has been provided. Such information shall include but shall not be limited to a survey map drawn at an appropriate scale and showing the granting and receiving parcels and proposed boundary line adjustment area and all buildings, wells, septic systems, driveways, fences and other structures and site improvements on the granting and receiving parcels. Such survey map shall be prepared, stamped and signed by a surveyor licensed in New York State and shall be in a form acceptable for filing in the Washington County Clerk's office. Applicant(s) shall also submit copies of the latest deeds for the granting and receiving parcels and a draft of a proposed boundary line adjustment Agreement, or a draft of a deed conveying the boundary line adjustment area and a draft of a deed of merger combining and merging the boundary line adjustment area with the receiving parcel into one, single unified parcel, and a completed SEQRA short environmental assessment form. The Planning Board shall determine whether to hold a public hearing on the proposed boundary line adjustment. If a public hearing is to be held, notice of the hearing shall be published at least 10 days in advance and a copy of the notice of public hearing shall be mailed at least 10 days in advance to the owner (as shown on the Town's Assessment Roll) of each parcel any portion of which is located within 500 feet of either the granting parcel or receiving parcel or both.
Within 62 days following the close of a public hearing or a determination to waive the holding of a public hearing, the Board shall conduct a SEQRA environmental review of the proposed boundary line adjustment and then decide whether to approve it and the related map. The Board may impose reasonable conditions in granting any approval, including conditions which must be satisfied prior to the signing of the map by the Chairman of the Board. Upon an approval by the Board, the Chairman of the Board shall be authorized to stamp and sign the map. It shall be the responsibility of the applicant to file the approved, signed map in the office of the County Clerk within 62 days following its signing.
The Board's authority to hold a public hearing on a proposed boundary line adjustment and the allowance of up to 62 days thereafter during which to render a decision shall not prevent the Board from exercising its discretion, if it so decides, to waive a public hearing, conduct a SEQRA review and render an immediate decision on a proposed boundary line adjustment, or to render a decision immediately following the close of a public hearing, and after conducting a SEQRA review, in the event the Board decides to hold such a hearing on a proposed boundary line adjustment.
[Added 12-28-2011 by L.L. No. 2-2011]
A property owner applying for a family subdivision must sign and deliver to the Planning Board an affidavit as provided by the Planning Board Clerk in accordance with the definition of family subdivision in order to qualify for exemption from the application fee.
No grantee(s) of a parcel created by means of a family subdivision may be the grantee(s) of another parcel created by means of a family subdivision from the same grantor(s).
A parcel created by means of a family subdivision may not be subdivided for a period of five years from the date the map for the family subdivision is filed with the County Clerk. The map for the family subdivision shall bear a prominent note stating this five-year restriction, and the deed for the transfer of the parcel created by the family subdivision shall likewise contain a covenant or provision stating the five-year restriction against further subdivision. A copy of the draft deed for conveyance of the proposed lot shall be submitted by the applicant with the required map and other application materials.
It is declared to the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town of Fort Edward. This means, among other things:
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
Proper provisions shall be made for water supply, drainage, sewerage and other needed public improvements and utilities.
Proposed streets shall compose a convenient system conforming to the Official Map, Comprehensive Plan and Master Plan (if enacted).
Streets shall be of such width, grade and location as to accommodate present and prospective traffic and shall comply with the town highway specifications as a minimum as shown in § 87-47, Streets and roads.
All development shall facilitate adequate fire protection and provide access for fire-fighting equipment and other emergency equipment.
Open space for parks, playgrounds and green areas of suitable location, size and character shall be provided as required by the Planning Board.
The proposed development shall be aesthetically compatible with the existing development and character of the town.
Nothing in these regulations shall prohibit the subdivider from placing self-imposed restrictions, not in violation of these regulations, on the development. Such restrictions, however, shall be indicated on the plat.
Should any of these regulations conflict or be inconsistent with any provision of the Town Law, such provision of the Town Law shall apply.