2013 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
7-730 - Subdivision review; approval of plats; additional requisites.

 
    §  7-730 Subdivision review; approval of plats; additional requisites.
  1. Purpose. Before the approval by the planning board of a plat  showing
  lots,  blocks  or  sites,  with  or  without streets or highways, or the
  approval of a plat already filed in the  office  of  the  clerk  of  the
  county  wherein  such  plat  is  situated  if  the  plat  is entirely or
  partially undeveloped, the planning board shall require  that  the  land
  shown  on  the  plat be of such character that it can be used safely for
  building purposes without danger to health or peril  from  fire,  flood,
  drainage or other menace to neighboring properties or the public health,
  safety and welfare.
    2.  Additional  requirements.  The  planning  board shall also require
  that:
    (a) the streets and highways be of sufficient width and suitable grade
  and shall be suitably located to accommodate the prospective traffic, to
  afford adequate light and air, to facilitate  fire  protection,  and  to
  provide  access  of  firefighting equipment to buildings. If there be an
  official map, village comprehensive  plan  or  functional/master  plans,
  such  streets  and  highways  shall  be  coordinated  so as to compose a
  convenient system conforming to the official map and properly related to
  the proposals shown in the comprehensive plan of the village;
    (b) suitable monuments be placed at block corners and other  necessary
  points as may be required by the board and the location thereof is shown
  on the map of such plat;
    (c) all streets or other public places shown on such plats be suitably
  graded  and  paved;  street signs, sidewalks, street lighting standards,
  curbs, gutters, street trees, water mains,  fire  alarm  signal  devices
  (including  necessary  ducts and cables or other connecting facilities),
  sanitary sewers and storm drains be installed  all  in  accordance  with
  standards,  specifications  and procedures acceptable to the appropriate
  village departments except as  hereinafter  provided,  or  alternatively
  that  a  performance bond or other security be furnished to the village,
  as hereinafter provided.
    3. Compliance with zoning regulations. Where  a  zoning  ordinance  or
  local  law  has been adopted by the village, the lots shown on said plat
  shall at least comply with the requirements thereof subject, however, to
  the provisions of section 7-738 of this article.
    4. Reservation of parkland on subdivision plats containing residential
  units. (a) Before the planning board  may  approve  a  subdivision  plat
  containing  residential  units,  such  subdivision plat shall also show,
  when required by such board,  a  park  or  parks  suitably  located  for
  playground or other recreational purposes.
    (b)  Land  for park, playground or other recreational purposes may not
  be required until the planning board has made a finding  that  a  proper
  case  exists  for requiring that a park or parks be suitably located for
  playgrounds or other recreational  purposes  within  the  village.  Such
  findings  shall  include  an  evaluation  of the present and anticipated
  future needs for park and recreational facilities in the  village  based
  on  projected population growth to which the particular subdivision plat
  will contribute.
    (c) In the event the  planning  board  makes  a  finding  pursuant  to
  paragraph  (b)  of  this  subdivision that the proposed subdivision plat
  presents a proper case for requiring a park or  parks  suitably  located
  for playgrounds or other recreational purposes, but that a suitable park
  or  parks  of  adequate  size to meet the requirement cannot be properly
  located on such subdivision plat, the planning board may require  a  sum
  of  money in lieu thereof, in an amount to be established by the village
  board of trustees. In making  such  determination  of  suitability,  the
  board  shall  assess  the  size  and  suitability  of  land shown on the

  subdivision  plat  which  could  be  possible  locations  for  park   or
  recreational  facilities, as well as practical factors including whether
  there is a need for additional facilities in the immediate neighborhood.
  Any  moneys  required  by  the  planning board in lieu of land for park,
  playground or other recreational purposes, pursuant to the provisions of
  this section, shall be deposited into a trust fund to  be  used  by  the
  village exclusively for park, playground or other recreational purposes,
  including the acquisition of property.
    5.   Character  of  the  development.  In  making  such  determination
  regarding  streets,  highways,  parks  and  required  improvements,  the
  planning  board  shall take into consideration the prospective character
  of the development, whether dense residence, open residence, business or
  industrial.
    6. Application for area variance. Notwithstanding any provision of law
  to the contrary, where a plat contains one or more  lots  which  do  not
  comply with the zoning local law regulations, application may be made to
  the  zoning  board  of  appeals for an area variance pursuant to section
  7-712-b of  this  article,  without  the  necessity  of  a  decision  or
  determination of an administrative official charged with the enforcement
  of  the  zoning  regulations.  In  reviewing such application the zoning
  board of appeals shall request the planning board to provide  a  written
  recommendation concerning the proposed variance.
    7.  Waiver  of  requirements.  The  planning  board  may  waive,  when
  reasonable, any requirements or improvements for the approval,  approval
  with  modifications  or  disapproval  of  subdivisions submitted for its
  approval. Any  such  waiver,  which  shall  be  subject  to  appropriate
  conditions,  may  be  exercised  in  the  event any such requirements or
  improvements are found not to be requisite in the interest of the public
  health,  safety,  and  general  welfare  or  inappropriate  because   of
  inadequacy  or lack of connecting facilities adjacent or in proximity to
  the subdivision.
    8. Installation of fire alarm devices. The installation of fire  alarm
  signal  devices  including  necessary  connecting  facilities  shall  be
  required or waived pursuant to this section only with the  approval  of:
  (a)  the  town  board if the village is included in a central fire alarm
  system  established  pursuant  to  subdivision   eleven-c   of   section
  sixty-four  of the town law, (b) the board of supervisors or legislative
  body of the county if the village is included in a  central  fire  alarm
  system  established  pursuant  to  paragraph  (h)  of subdivision one of
  section two hundred twenty-five of the county law, or (c) the  board  of
  fire  commissioners  of  the  village  in  any  other  case  unless  the
  installation is to be made in a fire district  within  the  village,  in
  which event only the approval of the board of fire commissioners of such
  fire  district  shall  be  necessary.  The  planning board may, with the
  approval  of  the  appropriate  board,  completely  waive  any  or   all
  requirements  in  connection  with the installation of fire alarm signal
  devices including necessary connecting facilities. When  required,  such
  installation shall be made in accordance with standards, specifications,
  and procedures acceptable to such board.
    9.  Performance  bond or other security. (a) Furnishing of performance
  bond or other  security.  As  an  alternative  to  the  installation  of
  infrastructure  and  improvements,  as above provided, prior to planning
  board approval, a performance bond or other security sufficient to cover
  the full cost of the same, as estimated  by  the  planning  board  or  a
  village  department  designated  by  the  planning  board  to  make such
  estimate, where such departmental estimate is deemed acceptable  by  the
  planning board, shall be furnished to the village by the owner.

    (b)  Security  where  plat approved in sections. In the event that the
  owner shall be authorized to file the  approved  plat  in  sections,  as
  provided in subdivision seven of section 7-728 of this article, approval
  of  the  plat  may  be  granted  upon  the  installation of the required
  improvements  in  the  section  of  the  plat filed in the office of the
  county clerk or register or the  furnishing  of  security  covering  the
  costs  of  such  improvements. The owner shall not be permitted to begin
  construction of buildings in any other section until  such  section  has
  been  filed  in  the  office  of  the  county  clerk or register and the
  required improvements have been installed in such section or a  security
  covering the cost of such improvements is provided.
    (c) Form of security. Any such security must be provided pursuant to a
  written  security  agreement  with  the village, approved by the village
  board of trustees and also approved by the village attorney as to  form,
  sufficiency  and  manner  of  execution,  and shall be limited to: (i) a
  performance bond issued by a bonding or surety company; (ii) the deposit
  of funds in or a certificate of  deposit  issued  by  a  bank  or  trust
  company  located  and  authorized to do business in this state; (iii) an
  irrevocable letter of credit from a bank located and  authorized  to  do
  business  in  this  state;  (iv)  obligations  of  the  United States of
  America; or (v) any obligations fully  guaranteed  as  to  interest  and
  principal  by  the  United  States  of America, having a market value at
  least equal to the full cost of such improvements. If not  delivered  to
  the  village, such security shall be held in a village account at a bank
  or trust company.
    (d) Term of security agreement. Any such performance bond or  security
  agreement shall run for a term to be fixed by the planning board, but in
  no  case for a longer term than three years, provided, however, that the
  term of such performance bond or security agreement may be  extended  by
  the  planning board with consent of the parties thereto. If the planning
  board shall decide at any time during the term of the  performance  bond
  or  security  agreement that the extent of building development that has
  taken place in the subdivision is not  sufficient  to  warrant  all  the
  improvements covered by such security, or that the required improvements
  have  been  installed  as  provided  in this section and by the planning
  board in sufficient amount to warrant reduction in the  amount  of  said
  security,  and  upon  approval  by  the  village  board of trustees, the
  planning  board  may  modify  its  requirements  for  any  or  all  such
  improvements, and the amount of such security shall thereupon be reduced
  by  an  appropriate amount so that the new amount will cover the cost in
  full of the amended list of improvements required by the planning board.
    (e) Default of security agreement. In  the  event  that  any  required
  improvements  have not been installed as provided in this section within
  the term of such security agreement, the village board of  trustees  may
  thereupon  declare the said performance bond or security agreement to be
  in default and collect the sum remaining payable  thereunder;  and  upon
  the  receipt  of  the  proceeds  thereof, the village shall install such
  improvements as are covered by such security and  as  commensurate  with
  the  extent  of  building  development  that  has  taken  place  in  the
  subdivision but not exceeding in cost the amount of such proceeds.
    10. Suffolk county sewer districts. If in the county  of  Suffolk  the
  plat  is  not  entirely  situate  within a county, town or village sewer
  district and the county  department  of  environmental  control  or  the
  county  health  department  shall  have directed that disposal of sewage
  from the plat shall be provided  for  by  a  communal  sewerage  system,
  consisting  of a treatment plant and collection system, then the Suffolk
  county sewer agency shall determine, specify and direct  the  means  and
  method  by  which  the aforesaid system shall be best provided by and at

  the expense of the developer. Among the alternative  means  and  methods
  the  Suffolk  county  sewer  agency  may  direct, shall be: (a) that the
  developer, at its own cost and expense,  install,  build  and  construct
  such  system  according  to  such  plans, specifications, conditions and
  guarantees as may be required by the Suffolk county  sewer  agency,  and
  upon  satisfactory  completion thereof, the developer shall dedicate and
  donate same, without cost to the Suffolk county  sewer  agency,  or  its
  nominee,  and  the  developer  shall  also  petition  to  form  a county
  district, but if the Suffolk county sewer agency shall determine that  a
  suitable  complete  communal  sewerage system of adequate size cannot be
  properly located in the plat or is otherwise not  practical,  then,  (b)
  the  developer shall install, build and construct temporary cesspools or
  septic tanks together with a sewage collection system according to  such
  plans,  specifications,  conditions and guarantees as may be required by
  the Suffolk  county  sewer  agency,  and  upon  satisfactory  completion
  thereof,  the developer shall dedicate and donate same, without cost, to
  the Suffolk county sewer agency or its nominee, and in addition thereto,
  the agency may also require the payment  to  the  Suffolk  county  sewer
  agency  of  a  sum of money in an amount to be determined by the Suffolk
  county sewer agency, and the developer shall also  petition  to  form  a
  county district, or (c) the developer shall install, build and construct
  temporary  cesspools or septic tanks and, in addition thereto, shall pay
  to the Suffolk county sewer agency a sum of money in  an  amount  to  be
  determined  by  the  Suffolk county sewer agency and the developer shall
  also petition to form a county district,  or  (d)  the  developer  shall
  provide  such  other  means  and  methods  or combination thereof as the
  Suffolk county sewer agency may determine, specify and direct.
    Any sums paid to the Suffolk  county  sewer  agency  pursuant  to  any
  provisions  of  this  section,  shall constitute a trust fund to be used
  exclusively for a future communal sewerage system which shall  be  owned
  and  operated  by  a county sewer district, which district shall include
  the subject plat within its bounds.  Such moneys and  accrued  interest,
  if  any,  when paid to such district, shall be credited over a period of
  time determined by the district, pro rata, against the sewer  assessment
  of  each  tax parcel of the subject plat as may exist at the time of the
  payment of such moneys and accrued interest to such district.
    The  useable  value  of  any  sewage  collection  system  built  under
  paragraph  (b),  (c) or (d) of this subdivision shall be credited over a
  period of time determined by the district, pro rata, against  the  sewer
  assessment  of each tax parcel of the plat as may exist at the time such
  system is incorporated into a county sewer district which shall  include
  the subject plat within its bounds.