[HISTORY: Adopted by the Planning Board of the Town of Olive 3-10-1981.
Amendments noted where applicable.]
The Planning Board shall first make a determination that the use of
the Open Development District is appropriate and that the town's interests
would be served by such a district.
The proposed developers should submit at least three copies of a map
of the proposed area which meets the requirements outlined in the sketch plan
phase of the Olive Subdivision Regulations[1] so the Board may review the proposal as it might look in the future
when all land within the area has been developed.
The Planning Board should ensure the roadway is sufficient for normal
vehicular traffic including delivery trucks (moving vans, oil trucks, etc.);
fire, first aid and other emergency vehicles; as well as passenger cars which
may need to use the roadway.
Highway standards should be sufficient so the road can eventually meet
town highway specifications if landowners wish to improve the road and deed
it over to the town. These standards should include, but not be limited to,
a fifty-foot right-of-way for the entire length of the road; a road grade
within town highway specifications; necessary culvert pipes to ensure proper
drainage alongside of and under the roadway; a proper roadway base; and sufficient
pavement width for present development and possible future development. (Minimum
width should allow for passage of two vehicles going in opposite directions.)
Lots should not be further subdivided without proper approvals being
granted. Further approvals in subdivisions may require upgrading of road and
deeding over to town to ensure proper access as development reaches its maximum.
A.
A road maintenance agreement must be executed by present
owners prior to final subdivision approval and be made a part of all deeds
transferring or conveying any subdivided or original parcels to new owners.
The maintenance agreement should include provisions:
(1)
To improve the road should further development occur
as outlined in the resolution granting Open Development District.
(2)
Maintain the road so emergency and safety vehicles can
properly gain access to all developed parcels in the area.
(3)
Protect the town from any liability or responsibility
for care or maintenance of the road while it remains a private road.
B.
In the case of an Open Development District, which is
not a part of a proposed subdivision, such a maintenance agreement should
be required as part of the resolution of the Town Board or said resolution
should be subject to a proper maintenance agreement being executed and filed
in the County Clerk's office.
The Planning Board may require and should investigate possible easements
on roadway and/or through certain lots to allow residents of the town to gain
access to state-owned land, scenic overlooks, historical sites, or other noteworthy
locations. These should be provided for as part of the Open Development District
provisions.
