N.Y. Comp. Codes R. & Regs. tit. 9 § 573.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 573.4 - Subdivisions

(a) Subdivisions along land use area boundaries. A subdivision of land solely along a land use area boundary does not require an agency permit.

(b) Counting lots. For the purpose of determining agency jurisdiction based on the number of lots created from a parcel of land on or after August 1, 1973, any lot to be retained by the subdivider shall be counted.

(c) Review of land use or development in subdivisions. All land use or development proposed for lots, parcels or sites in a subdivision shall be subject to review as part of the subdivision.

(d) Subdivision by related persons and persons acting in concert, or as part of a common plan. A subdivision shall be reviewed with regard to its final planned size regardless of whether different phases are undertaken by (1) different but related persons or legal entities at different times, such as the development of a large subdivision in smaller increments by subsidiaries or affiliates of a corporation, or (2) unrelated persons acting in concert as part of a common scheme or plan.

(e) Division of land by gift, devise or inheritance.

(1) Subject to the other provisions of this section, the mere division of land by bona fide gift, devise or inheritance, by and from natural persons is not subject to review by the agency.

(2) Each immediate family member of a person who has continuously owned a landholding since May 22, 1973 may receive one parcel from that landholding, provided that the parcel is conveyed by the landowner by bona fide gift, devise or inheritance. In such a case, so as to allow the construction of onesingle family dwelling or mobile home on the gift lot, the overall intensity guidelines and minimum lot size requirements of the Adirondack Park Agency Act shall not apply; however, the minimum shoreline lot width and setback requirements of these regulations shall apply.

(3) A permit is required for the division of land by bona fide gift, devise or inheritance by a person who has not owned the land continuously since May 22, 1973, if the resulting lots do not comply with the overall intensity guidelines and minimum lot size criteria of the Adirondack Park Agency Act and with the minimum shoreline lot width and setback requirements of these regulations.

(4) A permit is required for the construction of a single family dwelling or mobile home on a lot, parcel or site even though created by gift, devise or inheritance if the lot parcel or site created by gift, devise or inheritance is located in a resource management area, industrial use area or critical environmental area.

(5) The subdivision of a parcel of land owned in joint or common tenancy, tenancy by the entirety, or other joint ownership between or among the owners will not be considered to be by bona fide gift, even if no consideration passes among the parties. Such a subdivision requires an agency permit if a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

(6) A permit is required for the division of land through conveyance by gift, devise or inheritance of any lot, parcel or site located outside a hamlet or moderate intensity use area but within a designated river area.

(7) A permit is required for the division of land through conveyance by gift, devise or inheritance of any lot, parcel, or site which is a regulated wetland activity as defined in section 578.3(n)(3) of this Title. However, a proposed gift lot may not require a permit if the requirements of section 578.3(n)(3) of this Title and this section are met.

(f) Preexisting subdivisions.

(1) No agency permit is required for the conveyance of a lot or lots in a lawfully preexisting subdivision, provided no individual lot is subdivided. The shoreline building and sewage disposal system setbacks and the vegetative cutting restrictions of section 806 of the Adirondack Park Agency Act apply to all new land uses or developments on lots in preexisting subdivisions; the minimum shoreline lot width requirements apply to preexisting subdivisions which have not received Department of Health approval.

(2) A preexisting subdivision is one determined by the agency pursuant to paragraph (4) of this subdivision to have been substantially commenced prior to August 1, 1973 and involving substantial expenditures made for structures or improvements prior to such date.

(3) Lawfully means in full compliance with all applicable laws, rules and regulations, including, without limitation, possession of and compliance with any permit or other approval required under the Public Health Law, the Environmental Conservation Law and any local or other governmental regulations. (See also Real Property Law and Public Health Law requiring subdivision plats to be filed.)

(4) For the purpose of determining whether a subdivision or portion thereof was in existence as of August 1, 1973, the agency will consider, among other relevant factors, (i) the number of lots sold prior to such date relative to the total number of lots in the subdivision, (ii) the locations of such lots sold, (iii) the nature, extent and cost of structures and improvements directly related to the subdivision completed or commenced prior to such date, relative to all such necessary improvements related to the subdivision, (iv) the location of such completed or commenced improvements, and (v) demonstrated efforts to sell lots prior to such date.

(5) The agency may determine that all or only a portion or portions of a subdivision, or groups of such subdivision lots are preexisting, depending on the pattern of sale of lots and installed infrastructure.

(6) An agency pennit is required for the construction of a single family dwelling or mobile home on a lot in a preexisting subdivision which has not received New York State Department of Health approval if located in a resource management or industrial use area, or in a critical environmental area.

(g) Merger of lots acquired prior to May 22, 1973. Adjoining lots owned by one landowner, each acquired prior to May 22, 1973, except lots in a preexisting subdivision or separately-owned preexisting vacant lots of record as described in section 811(1)(a) of the Adirondack Park Agency Act, shall be deemed to have merged into one undivided lot as of that date, even if described in different deeds or acquired at various times. A sale of any such lot(s) while retaining adjoining land constitutes a subdivision which requires an agency permit if a class A or class B regional project as provided in section 810 of the act.

(h)Preexisting vacant lots of record acquired subsequent to May 22, 1973. No agency permit is required for the resale of a preexistings separately-owned vacant lot of record as of May 22, 1973 as described in section 81 l(l)(a)of the Adirondack Park Agency Act which is subsequently acquired by an owner of adjoining lands. An agency permit is required for any new land use or development on the lot which is a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

(i) Boundary line adjustments.

(1) A reconfiguration of the boundary between adjoining parcels which were not in common ownership as of May 22, 1973, making one parcel larger and the other smaller, is a subdivision, but will not require an agency permit provided all the following criteria are met:

(i) the land being conveyed as a boundary line adjustment must be smaller than 1/4 acre in size and less than 25 feet in width; and

(ii) the boundary line adjustment parcel must be conveyed to the landowner(s) of the adjoining parcel ("receiving parcel"), and the boundary line adjustment parcel must be merged with that adjoining parcel by deed covenants stating:

(a) this boundary line adjustment parcel merges with the adjoining "receiving parcel" and may not be sold separately from that parcel without a permit from the Adirondack Park Agency;

(b) the land being conveyed as a boundary line adjustment may not be used by the receiving parcel towards the mathematical calculation of the potential for principal buildings under the Adirondack Park Agency Act; and

(c) these covenants shall "run with, touch and concern the land and shall be enforceable by the Adirondack Park Agency, the State of New York, and the grantor of the lands which constitute the boundary line adjustment"; and

(iii) a new deed must be executed and delivered for the lands which are the subject of the boundary line adjustment, with the convenants cited above. Such deed must be recorded in the Office of the County Clerk within 30 days after the execution of the deed.

(2) A reconfiguration of the boundary between adjoining parcels which were not in common ownership as of May 22, 1973, but which does not meet the criteria specified above, may be approved in advance as a "boundary line adjustment" in the discretion of agency staff if the boundary line adjustment lands are of a size, nature and configuration which could not reasonably accommodate the construction of a principal building. Subparagraphs (l)(ii) and (iii) of this subdivision will still apply.

(3) The boundaries between two adjoining parcels which are the subject of an agency permit, order or settlement agreement, or which are considered lots in a preexisting subdivision, may not be altered by a conveyance of land between them as a "boundary line adjustment" unless authorized by a new or amended agency permit, order or settlement agreement.

(4) Adjoining parcels which were in common ownership as of May 22, 1973 are treated as one merged parcel pursuant to section 811(1)(a) of the Adirondack Park Agencv Act. A reconfiguration of the boundaries of such parcels is a subdivision, and will require an agency permit pursuant to the terms of section 810 of the Adirondack Park Agencv Act.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 573.4