Whenever any subdivision of land is proposed
to be made in the Town of Olive, and before any lots are sold, and
before any erection of a structure in such proposed subdivision, the
subdivider, or his authorized agent, shall apply for approval of such
proposed subdivision in accordance with the following procedure:
A.
Preapplication meeting with Planning Board.
B.
Sketch plan showing general concept.
C.
Preliminary plat showing proposal in detail.
D.
Public hearing.
E.
Review and approval by nontown agencies.
F.
Submission of final plat.
G.
Planning Board approval by resolution.
H.
Planning Board signs plat.
I.
Plat is filed in County Clerk's office by subdivider.
Before preparing a detailed proposal, the subdivider
should make an appointment at a regular meeting of the Planning Board
to familiarize himself with the requirements of these and other regulations,
the policies and plans of the Planning Board, and other information
that may be pertinent to the subdivision. He should also discuss his
proposal with the County Health Department which is responsible for
the adequacy of lot sizes for water supply and sewage disposal. Under
certain conditions, the subdivider may also need the approval of the
state or county highway agencies, the Ulster County Planning Board,
and others. These initial conferences are not mandatory but are intended
to save the subdivider time and unnecessary expense.
A.
Prior to filing a preliminary plat, the subdivider should submit a sketch plan showing a basic proposed layout and other information required in Article V of these regulations. At least three copies of this sketch plan shall be delivered to the Chairman or other authorized official of the Planning Board at least 14 days before the next scheduled Board meeting.
B.
At the meeting, the Planning Board may schedule a
field trip to the site to be accompanied by the subdivider to ease
the inspection of the site. The subdivider shall have the center line
of any proposed streets marked by temporary stakes. All boundary corners
on the land area covered by the sketch plan shall be marked. After
review of the sketch plan and field inspection, but within 45 days
of the official date of submission of the sketch plan, the Planning
Board will tentatively approve the sketch plan or recommend modifications
in writing.
A.
Procedure. A preliminary plat is then prepared showing in detail how the subdivision is to be designed, details of construction, proposed covenants, and other items required in Article V. Applicable parts of §§ 276 and 277 of the Town Law, attached to these regulations,[1] shall govern procedure. In addition, there shall be an
application fee as set from time to time by resolution of the Town
Board, which shall be submitted with the preliminary plat, and said
fee is not refundable. At least two copies of the preliminary plat
shall be delivered to the Chairman of the Planning Board or an authorized
agent of the Planning Board 14 days prior to the regular meeting date.
[1]
Editor's Note: Sections 276 and 277 of the
Town Law are on file in the town offices.
B.
Applicant or representative to attend Planning Board
meeting. The subdivider shall be prepared to attend a meeting of the
Planning Board to discuss the preliminary plat and the Planning Board's
tentative conclusions.
A.
Procedure. Procedure applicable shall be that procedure
as set forth in §§ 276 and 277 of the Town Law. If
the final plat and necessary materials required by the Planning Board
are not submitted within six months after the preliminary plat has
been approved, the Planning Board may, by resolution, rule the approval
of the preliminary plat void.
B.
Agency review. Where review of subdivision(s) is required
by other agencies, such approval(s) shall be indicated on the final
plat.
A.
Improvements or performance bond. Before the Planning
Board Chairman or other authorized person may sign the final plat,
the subdivider shall complete the required improvements to the satisfaction
of the Town Board or its authorized agent, or, in special cases only,
the subdivider shall either post bonds or other acceptable securities
in an amount sufficient to construct required improvements.
B.
Bond or other acceptable securities. Section 277 of
the Town Law shall apply. The Town Board may authorize a cash deposit
in lieu of a performance bond.
C.
Modification of design of improvements. If at any
time before or during the construction of the required improvements
it is demonstrated to the satisfaction of the Planning Board or authorized
agent that unforeseen conditions make it necessary or preferable to
modify the location or design of such required improvements, the Planning
Board or authorized agent, in conjunction with the Superintendent
of Highways, may authorize modifications, provided these modifications
are within the spirit and intent of the Planning Board's approval
and do not extend to the waiver or substantial alteration of the function
of any improvements required by the Board. The subdivider must file
a revision map with the Planning Board.
D.
Proper installation of improvements. If the Town Board
or authorized agent shall find, upon inspection of the improvements
performed before the expiration date of the performance bond or other
acceptable securities, that any of the required improvements have
not been constructed in accordance with plans and specifications filed
by the subdivider, he shall so report to the Town Board and Planning
Board. The Town Board then shall notify the subdivider and, if necessary,
the bonding company, and take all necessary steps to preserve the
town's rights under the acceptable securities. No plat shall be approved
by the Planning Board as long as the subdivider is in default on a
previously approved plat.
A.
Signing and filing. Section 277 of the Town Law shall
apply.
B.
Plat void if revised after approval. No changes, erasures,
modifications, or revisions shall be made in any subdivision plat
after approval has been given by the Planning Board and endorsed in
writing on the plat, unless the said plat is first resubmitted to
the Planning Board. Any final plat recorded without complying with
this requirement shall be considered null and void, and the Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
A.
Offers of cession. Section 279 of the Town Law shall
apply.
B.
Acceptance by town.
(1)
Acceptance of any such offer of cession shall rest
with the Town Board. In the event the applicant shall elect not to
file the final plat in the office of the County Clerk, such offer
of cession shall be deemed to be void.
(2)
The approval by the Planning Board of a final plat
shall not be deemed to constitute or imply the acceptance by the Town
Board of any street, park, easement, or open space shown on said plat.
The Planning Board may require said plat to be endorsed with an appropriate
note to this effect.
C.
Maintenance of roads. In those cases where no offer
of cession to the public is made for the roads, parks and required
easement shown on the plat, there shall be submitted with the plat
copies of agreements or other documents providing for, and fixing
responsibility for, their suitable maintenance, and statements of
all rights which exist with respect to the use of such property or
properties. Such documents shall be reviewed by the legal representative
of the town, for legal adequacy and competence.
