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).
E. Public hearing.
[Added 7-13-2021 by L.L. No. 3-2021]
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.
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.
A. If any approved minor subdivision(s) should subsequently become part of a major subdivision, then the procedures and fees required in Articles
III,
IV, and
V of these regulations shall apply to any lots that had received prior approval as a minor subdivision.
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.