TOWN OF MORRISTOWN
Amended Local Law No. 1 of the Year 2004
Local Law No. 1 of the year 2001 is hereby amended in its entirety by substitution of the following local law in order to correct several procedural and interpretational problems with the present law:
Section 1. Title. This Local Law shall be known as Local Law No. 1 of the Year 2004, "A LOCAL LAW REGULATING THE MINIMUM SIZE OF LOTS AND THE NUMBER OF RESIDENTIAL DWELLINGS PER LOT CREATED BY SUBDIVISION AND REGULATING THE INSTALLATION OF SANITARY SEWAGE DISPOSAL SYSTEMS".
Section 2. Legislative Authority. This Local Law is enacted pursuant to New York Municipal Home Rule Law, Article 2, Section 10, which enables a town to enact local laws to provide for the government, protection, order, conduct, safety, health, and well-being of persons or property therein and pursuant to New York State Town Law, Section 276 and Section 261, which enable towns to regulate the subdivision of land and the density of its development for residential and other purposes.
ARTICLE 11: STATEMENT OF PURPOSES
Section 1. Legislative Authority. For the purpose of promoting health, safety, and welfare of the inhabitants of the Town of Morristown, the Town hereby adopts regulations, which apply to the minimum lot size of lots in subdivisions of real property, and regulations, which apply to the installation of sanitary sewage disposal systems. The overall purpose of this regulation is to ensure safe and sanitary residential conditions throughout the Town of Morristown. In enacting this law the Town chooses to use its local law powers to enact a modified form of the zoning envisioned in Town Law Section 261. The Town wishes to depart substantially from the procedural requirements of Town Law in that, having done considerable planning in preparing an approved Local Waterfront Revitalization Program, the Town does not desire to establish a zoning commission as normally required under the zoning statute. The Town also chooses to enable the Code Enforcement Officer, a ministerial official, to approve the subdivision of land within limits set forth herein, rather than assigning this function to the Town Planning Board as stipulated in Section 276 of the Town Law.
ARTICLE III. DEFINITIONS
Terms used in this local law shall have the following meanings:
Lot - a parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit, which is recognized as a separate legal entity.
Residence - use of a parcel, tract, or area of land by a property owner for private purposes; for their personal use, friends, invitees, and guests without financial gain.
Lot of Record - a lot created prior to November 19, 1990.
Sanitary Sewage Disposal System - a system used for the collection and treatment of sanitary sewage.
Structure - a combination of materials to form a construction for use, occupancy ornamentation whether installed on, above, or below the surface of land or water.
Subdivision - any division of a parcel of property into two or more lots, without regard as to whether such lots are to be offered for sale.
ARTICLE IV: APPLICABILITY AND VIOLATIONS
Section 1. Minimum Lot Dimensions. No one shall subdivide real property in the Town of Morristown, exclusive of the Village of Morristown, where the intent to utilize the subdivided lots is for the construction of a structure for human occupancy, either residential or otherwise, unless the subdivided lots are at least a deeded one acre in size and unless the subdivided lots have boundaries of no less than 100 feet in length.
Section 2. Structures. No one shall construct or otherwise locate a residential structure intended for human habitation on a lot or parcel of real property in the Town of Morristown unless the lot is a minimum of a deeded once acre in size and have minimum boundaries of not less than 100 feet in length.
Section 3. Existing One Acre Parcels. Existing one acre parcels shall have only one residence located or constructed thereon.
Section 4. Structures located on Less than a Deeded One Acre. An individual may apply for a variance for construction of a residential structure on a parcel of land at least .75 of a deeded acre in accordance with procedures set forth under Article VII herein. In no event shall a variance be granted for any residential parcel of real property in the Town of Morristown of less than .75 of a deeded acre.
Section 5. Sale of Less than One Deeded Acre. No sale shall occur of less than one deeded acre unless the remaining parcel shall be at least one deeded acre and the parcel sold when integrated with the purchasers existing property shall consist of at least one deeded acre. No sale shall occur where it would prevent or eliminate a right of way to another lot or parcel of property.
Section 6. Sanitary Sewage Disposal. No one shall construct a sanitary sewage disposal system to serve any structure on any lot within the Town of Morristown unless the system complies with the regulations of the New York State Department of Health and all regulations appertaining thereto.
Section 7. Violations. Any person, firm, or entity violating any provision of this Local Law shall be served with a written notice stating the nature of the violation and providing a specified time within which the violation shall cease. In the event any person, firm, or entity shall continue such violation after such notice in the time limit specified there shall be a fine or imprisonment in an amount not to exceed Fifty Dollars ($50.00) per day for the first thirty (30) days and for the thirty-first (31st) day thereafter in the amount of Two Hundred Fifty Dollars ($250.00) per day and/or fifteen (15) days in jail after thirty days of violation. Each day a violation exists shall be deemed to be a separate violation.
ARTICLE V. ADMINISTRATION
Section 1. Code Enforcement Officer. Enforcement of this Local Law shall be the responsibility of the Town of Morristown Code Enforcement Officer. In the event the Code Enforcement Officer is unable to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate some other person to act for the Code Enforcement Officer and enforce this Local Law.
Section 2. Duties of the Code Enforcement Officer Pursuant to this Local Law. The Code Enforcement Officer shall perform all of the functions identified in this Local Law with the exception of granting variances and shall otherwise assist the Town Board in the administration and enforcement of this Local Law.
ARTICLE VI. PROCEDURE
Section 1. Approval of Subdivisions. Before undertaking the division of any parcel of property, to less than one acres and/or 100' in length the owner of the property, or a person authorized in writing to act for such owner, shall, in accordance with the provisions identified in this local law, apply to the Town Board for approval of a subdivision plat.
•A. Applicable for Subdivision Approval. The applicant shall submit an application form (Appendix A to this local law) and a plat map (at a level of detail deemed appropriate by the Code Enforcement Officer) which shall show, at a minimum, the following information:
•(1) the subdivision name (if any), the tax map number of the parcel(s) to be subdivided, a scale, a north arrow and the date prepared;
•(2) existing features and conditions on or affecting the parcel to be subdivided, including:
•(a) parcel boundaries;
•(b) the location and ownership of adjacent properties;
•(c) adjacent roads;
•(d) existing buildings, structures, and other improvements;
•(e) location of any significant physical features including watercourses, wetlands, steep slopes, bedrock outcropping, and/or wooded areas.
•(3) the planned location of the following, as appropriate:
•(a) lots and lot lines to be created, annotated with width, depth, and acreage. The plat shall note the total acreage of the subdivision and the total number of lots proposed to be created;
•(b) location of structures (if known);
•(c) location of sanitary sewage disposal systems (if known).
•B. Code Enforcement Officer Determination. The Code Enforcement Officer shall determine whether an application is complete within ten (10) working days of its receipt. Incomplete applications shall be returned to the applicant accompanied by a letter which identifies the information needed in order to proceed with the review.
Completed applications shall be submitted to the Town Board for final approval and if approved an approval letter will be issued within ten (10) working days of said Town Board Meeting for all subdivisions, which meet the requirements of this local law. Any complete applications which do not meet the requirements of this local law shall be denied.
Section 2. Approval of Sanitary Sewage Disposal Systems. Before undertaking the construction/installation of any sanitary sewage disposal system, the owner of the property, or a person authorized in writing to act for such owner, shall, in accordance with the provisions identified in this local law, apply to the Code Enforcement Officer for approval of the sanitary sewage disposal system.
•A. Application for Sanitary Sewage System Approval. The applicant shall submit an application form (Appendix A to this local law) and a diagram (at a level of detail deemed appropriate by the Code Enforcement Officer), which shall show the following information:
•(1) the tax map number of the parcel(s) affected, a north arrow and the date prepared;
•(2) existing features and conditions on or affecting the parcel to have the sanitary sewage disposal system installed, including:
•a) parcel boundaries;
•b) existing buildings, structures, and other improvements including private water supplies, if any, including wells on neighboring properties within 100' of the proposed sanitary sewage disposal system;
•c) location of any significant physical features including watercourses, wetlands, steep slopes, bedrock outcropping, and/or wooded areas.
•(3) the planned location of the following, as appropriate:
•a) location of any proposed structures; and
•b) location of the proposed sanitary sewage disposal system(s) including the location of septic tanks, distribution boxes and leach fields.
•(4) Other site-specific or system-specific information which the Code Enforcement Officer determines is required in order to evaluate the application and/or to render a decision.
•B. Code Enforcement Officer Determination. The Code Enforcement Officer shall determine whether an application is complete within ten (10) working days of its receipt. Incomplete applications shall be returned to the applicant accompanied by a letter which identifies the information needed in order to proceed with the review.
Complete applications shall be processed and a decision rendered within ten (10) working days of receipt of the application.
ARTICLE VII. EXEMPTIONS AND VARIANCES FOR MINIMUM LOT SIZE
Section 1. Exemption of Non-Conforming Lots of Record. Lots of record for which a deed was filed with the St. Lawrence County Clerk prior to November 19, 1990, the effective date of Local Law No. 1 of 1994, shall be exempt from the lot area and dimensional requirements of this local law of this local law but shall not be exempt from the requirement that newly installed septic systems comply with Article IV Section 5 of this local law; nor shall any lands be sold creating new lots of one acre or less under Article IV Section 4.
Section 2. Limited Ability to Create Non-Conforming Lots. The creation of a lot or parcel of less than one deeded acre, but in no event smaller than .75 of a deeded acre, unless said lot is part of a municipal sewer district, shall be permitted only upon review and approval by the Code Enforcement Officer or other person enforcing this local law for an area variance.
Section 3. Variances. The Morristown Town Board shall evaluate a request for construction of a structure for human occupancy on a lot of less than one deeded acre in size, provided it is not less than .75 of a deeded acre in size and it shall be permitted to use their discretion in granting permission for such use of such size lot depending upon the shape and dimensions of the lot and the suitability of the proposed use after consideration with the standards set forth in Section 4 below.
The Town Board will take under review any and all applications for a variance filed at their next regular scheduled meeting upon the filing of said variance or variances. The Town board shall be allowed to adjourn a review of any variance request for further deliberation but will not unreasonably withhold a determination on the requested variance.
Section 4. Standards for Granting of a Variance. In making its determination, the Morristown Town Board shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant. In making such a determination the Morristown Town Board shall also consider:
•(1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting the area variance;
•(2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
•(3) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood; and
•(4) whether the alleged difficulty is self-created.
ARTICLE VIII. SEVERABILITY
If any article, section, paragraph, or provision of this local law shall be deemed invalid by any authority of competent jurisdiction, such determination shall apply only to the article, section, paragraph, or provision adjudged invalid and the rest of this local law shall continue valid, effective, and in force.
ARTICLE IX. EFFECTIVE DATE
This local law shall take effect immediately upon filing with the Secretary of State.
