It is declared to be the policy of the Planning
Board to consider land subdivisions 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, floods 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 Town Development Plan, if such
exists, and shall be of such width, grade and location as to accommodate
the prospective traffic, to facilitate fire protection and to provide
access to fire-fighting equipment to buildings. The provisions under
this article are specifically designed to make approval of a minor
subdivision more easily obtainable than a major subdivision while
still protecting the Town of Olive and future owners of the subdivided
parcels.
Whenever any subdivision of land is proposed
to be made under the provisions of this article 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.
Meeting with the Planning Board.
D.
Classification as minor subdivision and study of sketch
plan (within 45 days).
F.
Review and approval by nontown agencies (if necessary).
G.
Planning Board approval by resolution.
H.
Planning Board signs plan.
I.
Planning Board and subdivider file plan.
Before preparing a detailed proposal, the subdivider
will 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 and
in certain areas of the town with the Department of Environmental
Protection. Under certain conditions, the subdivider may also need
the approval of the state or county highway agencies, the Ulster County
Planning Board, and others. Aside from the meeting with the Town Planning
Board, these initial conferences are not mandatory but are intended
to save the subdivider time and unnecessary expense.
A.
Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 14 days prior to the regular meeting of the Board four copies (see § 133-37) of a sketch plan of the proposed subdivision, which shall comply with the requirements set forth below for the purposes of classification and preliminary discussion.
B.
The sketch plan initially submitted to the Planning
Board shall be based on tax map information or some other similarly
accurate base map at a scale (preferably not less than 200 feet to
the inch) to enable the entire tract to be shown on one sheet. The
sketch plan shall be submitted, showing the following information:
(1)
The location of that portion which is to be subdivided
in relation to the entire tract, and the distance to the nearest existing
street intersection.
(2)
All existing structures, wooded areas, streams and
other significant physical features within the portion to be subdivided
and within 200 feet thereof. If topographic conditions are significant,
contours shall also be indicated at intervals of not more than 20
feet.
(3)
The name and signature of the owner(s) and the names
of all adjoining property owners as disclosed by most recent tax records.
(4)
The tax map sheet, block and lot numbers, if available.
(5)
All the utilities available, and all streets which
are either proposed, mapped or built.
(6)
The proposed pattern of lots (including lot width
and depth), street layout, recreation areas, systems of drainage,
sewerage, and water supply within the subdivided area.
(7)
All existing restrictions on the use of land including
easements, covenants, or zoning lines.
(8)
The proposed subdivision name, name of the town and
county in which it is located.
(9)
The date, North point, map scale, name and address
of subdivider.
The subdivider, or his duly authorized representative,
shall attend the meeting of the Planning Board to discuss the requirements
of these regulations for street improvements, drainage, sewerage,
water supply, fire protection, and similar aspects, as well as the
availability of existing services and other pertinent information.
[Amended 7-13-2021 by L.L. No. 3-2021]
After meeting with the subdivider or his representative, the Planning Board shall classify the subdivision as a major or minor subdivision. If the Board determines that the subdivision is a major subdivision, then the subdivider must follow the procedures outlined in Articles III, IV, and V of these regulations. If the Board determines that the subdivision meets the requirements of a minor subdivision, then the subdivider should be notified within 45 days, or by the next monthly meeting date of the Planning Board, whichever comes sooner. Lot line adjustments or deletions shall be considered as a minor subdivision and therefore the Planning Board should follow the procedure for minor subdivisions.
[Amended 7-13-2021 by L.L. No. 3-2021]
This section shall apply to any subdivision
of land which is adjacent to or which encompasses any approved minor
or major subdivision(s) and which is owned by the same or previous
owner(s) of the approved minor or major subdivision( s). Look-back
time period shall be five years from the date of the current application.
B.
If the sum of the number of lots in any proposed subdivision of land and any previous lots approved as a minor or major subdivision is five or more and if such proposed subdivision is adjacent to or encompasses the approved minor or major subdivision and if the owner(s) of the proposed subdivision is the same as the owner(s) or previous owner(s) of the approved minor or major subdivision then the proposed subdivision shall be considered as a major subdivision and the procedures and fees required in Articles III, IV, and V of these regulations shall apply.
The Planning Board shall determine within 45
days whether the sketch plan meets the purposes of these regulations
and shall, where it deems necessary, make specific recommendations
in writing to be incorporated by the applicant in the next submission
to the Planning Board.
Any person aggrieved by the classification made
by the Planning Board may appeal such decision to the Town Board in
accordance with procedures outlined by the Town Board to take such
appeals.
Where review of subdivision(s) is required by
other agencies, such approval shall be indicated on the sketch plan
before the Planning Board can approve and sign the plan.
Once the requirements of this article have been
met by the applicant, the Planning Board shall approve the minor subdivision
plan by a resolution and duly record this resolution and the vote
thereon in the official minutes of the Planning Board.
After passage of the resolution by the Planing
Board, the Board will affix its official signature to the plan.
A.
The Planning Board shall maintain a file of approved
subdivision plans which shall be available for public view upon request.
B.
The subdivider may file a copy of the approved subdivision
with the County Clerk within 62 days as required by Town Law § 276.
C.
The Planning Board shall send copies of the approved
subdivision to the Town Clerk and the Tax Assessor of the Town of
Olive.
