2006 New York Code - Subdivision Review; Approval Of Plats; Development Of Filed Plats.

 
    § 32. Subdivision  review;  approval  of  plats;  development of filed
  plats.  1. Purpose. For the purpose of providing for the  future  growth
  and  development  of  the city and affording adequate facilities for the
  housing, transportation,  distribution,  comfort,  convenience,  safety,
  health  and  welfare of its population, the legislative body of the city
  may by resolution, authorize and empower the planning board  to  approve
  preliminary  and  final  plats  of  subdivisions showing lots, blocks or
  sites, with or without streets or highways.
    2. Authorization for review of previously filed plats.  For  the  same
  purposes and under the same conditions, the legislative body of the city
  may,  by resolution, authorize and empower the planning board to approve
  the development of plats, entirely or partially undeveloped, which  were
  filed  in  the  office  of the clerk of the county in which such plat is
  located prior to the appointment of such planning board and grant to the
  board the power to approve such plats. The term "undeveloped" shall mean
  those plats where twenty percent or more of the lots within the plat are
  unimproved unless existing  conditions,  such  as  poor  drainage,  have
  prevented their development.
    3. Filing of certificate. The clerk of every city which has authorized
  its   planning  board  to  approve  plats  as  set  forth  herein  shall
  immediately file a certificate of that fact with the clerk  or  register
  of the county in which such city is located.
    4.  Definitions.  When  used in this article the following terms shall
  have the respective meanings set forth herein except where  the  context
  shows otherwise:
    (a)  "Subdivision",  means  the  division of any parcel of land into a
  number of lots,  blocks  or  sites  as  specified  in  a  law,  rule  or
  regulation,  with  or  without  streets  or highways, for the purpose of
  sale, transfer of ownership, or development. The term "subdivision"  may
  include  any  alteration of lot lines or dimensions of any lots or sites
  shown on a plat previously approved and  filed  in  the  office  of  the
  county  clerk  or  register of the county in which such plat is located.
  Subdivisions may be defined  and  delineated  by  local  regulation,  as
  either  "major"  or "minor", with the review procedures and criteria for
  each set forth in such local regulations.
    (b)  "Preliminary  plat",  means  a  drawing  prepared  in  a   manner
  prescribed  by  local  regulation  showing  the  layout  of  a  proposed
  subdivision including, but not restricted to, road and  lot  layout  and
  approximate  dimensions, key plan, topography and drainage, all proposed
  facilities  unsized,  including  preliminary  plans  and  profiles,   at
  suitable scale and in such detail as local regulation may require.
    (c) "Preliminary plat approval", means the approval of the layout of a
  proposed  subdivision  as set forth in a preliminary plat but subject to
  the approval of the plat in final form in accordance with the provisions
  of this section.
    (d) "Final plat", means a drawing prepared in a manner  prescribed  by
  local  regulation, that shows a proposed subdivision, containing in such
  additional  detail  as  shall  be  provided  by  local  regulation   all
  information  required  to  be  shown  on  a  preliminary  plat  and  the
  modifications, if any, required by the planning board  at  the  time  of
  approval  of  the  preliminary plat if such preliminary plat has been so
  approved.
    (e) "Conditional approval of  a  final  plat",  means  approval  by  a
  planning  board  of  a final plat subject to conditions set forth by the
  planning board in a resolution conditionally approving such  plat.  Such
  conditional  approval  does  not  qualify a final plat for recording nor
  authorize issuance of any building permits prior to the signing  of  the
  plat by a duly authorized officer of the planning board and recording of
  the  plat  in  the  office  of  the  county  clerk or register as herein
  provided.
    (f)  "Final  plat approval", means the signing of a plat in final form
  by a duly authorized officer of a planning board pursuant to a  planning
  board   resolution  granting  final  approval  to  the  plat,  or  after
  conditions specified in a resolution granting  conditional  approval  of
  the  plat  are  completed.  Such  final  approval qualifies the plat for
  recording in the office of the county clerk or register, in  the  county
  in which such plat is located.
    5. Approval of preliminary plats. (a) Submission of preliminary plats.
  All plats shall be submitted to the planning board for approval in final
  form   provided,  however,  that  where  the  planning  board  has  been
  authorized to approve preliminary plats, the owner  may  submit  or  the
  planning  board may require that the owner submit a preliminary plat for
  consideration.  Such  a  preliminary  plat  shall  be   clearly   marked
  "preliminary  plat" and shall conform to the definition provided in this
  section.
    (b) Coordination with the state environmental quality review act.  The
  planning   board   shall   comply  with  the  provisions  of  the  state
  environmental  quality  review  act   under   article   eight   of   the
  environmental conservation law and its implementing regulations.
    (c)  Receipt  of a complete preliminary plat. A preliminary plat shall
  not be considered complete until a negative declaration has  been  filed
  or  until  a  notice  of  completion  of  the draft environmental impact
  statement has been filed in accordance with the provisions of the  state
  environmental  quality  review  act.  The  time  periods for review of a
  preliminary plat shall begin upon filing of such negative declaration or
  such notice of completion.
    (d) Planning board  as  lead  agency  under  the  state  environmental
  quality review act; public hearing; notice; decision.
    (i)  Public  hearing  on  preliminary plats. The time within which the
  planning board shall hold a public hearing on the preliminary plat shall
  be coordinated  with  any  hearings  the  planning  board  may  schedule
  pursuant to the state environmental quality review act, as follows:
    (1)  If such board determines that the preparation of an environmental
  impact statement on the preliminary plat is  not  required,  the  public
  hearing  on  such  plat  shall  be  held within sixty-two days after the
  receipt of a complete preliminary plat by  the  clerk  of  the  planning
  board; or
    (2) If such board determines that an environmental impact statement is
  required,  and  a  public  hearing  on  the  draft  environmental impact
  statement is held, the public hearing on the preliminary  plat  and  the
  draft  environmental  impact  statement  shall  be  held  jointly within
  sixty-two days after the filing of the  notice  of  completion  of  such
  draft  environmental  impact statement in accordance with the provisions
  of the state environmental quality review act. If no public  hearing  is
  held  on the draft environmental impact statement, the public hearing on
  the preliminary plat shall be held within sixty-two days of  filing  the
  notice of completion.
    (ii)  Public  hearing;  notice, length. The hearing on the preliminary
  plat shall be advertised  at  least  once  in  a  newspaper  of  general
  circulation  in  the  city  at least five days before such hearing if no
  hearing is held on the draft environmental impact statement, or fourteen
  days before a hearing held jointly therewith.  The  planning  board  may
  provide  that  the  hearing  be  further advertised in such manner as it
  deems most appropriate for full public consideration of such preliminary
  plat. The hearing on the preliminary plat shall be closed upon motion of
  the planning board within one hundred twenty  days  after  it  has  been
  opened.
    (iii)  Decision.  The  planning  board  shall approve, with or without
  modification, or disapprove such preliminary plat as follows:
    (1) If the planning  board  determines  that  the  preparation  of  an
  environmental  impact  statement on the preliminary plat is not required
  such board shall make its decision within sixty-two days after the close
  of the public hearing; or
    (2) If the planning board  determines  that  an  environmental  impact
  statement  is  required,  and  a  public  hearing  is  held on the draft
  environmental impact statement, the final environmental impact statement
  shall be filed within forty-five days following the close of such public
  hearing in accordance with the provisions  of  the  state  environmental
  quality  review  act.  If  no  public  hearing  is  held  on  the  draft
  environmental impact statement, the final environmental impact statement
  shall be filed within forty-five days following the close of the  public
  hearing  on  the  preliminary  plat. Within thirty days of the filing of
  such final environmental impact  statement,  the  planning  board  shall
  issue  findings on the final environmental impact statement and make its
  decision on the preliminary plat.
    (iv) Grounds for decision. The grounds for a modification, if any,  or
  the  grounds  for  disapproval  shall  be stated upon the records of the
  planning board. When so approving a preliminary plat, the planning board
  shall  state  in  writing  any  modifications  it  deems  necessary  for
  submission of the plat in final form.
    (e)  Planning  board  not as lead agency under the state environmental
  quality review act; public hearing; notice; decision.
    (i) Public hearing on preliminary plats.  The  planning  board  shall,
  with  the  agreement  of the lead agency, hold the public hearing on the
  preliminary plat jointly with the lead agency's  hearing  on  the  draft
  environmental  impact  statement. Failing such agreement or if no public
  hearing is  held  on  the  draft  environmental  impact  statement,  the
  planning  board  shall  hold  the public hearing on the preliminary plat
  within sixty-two days after receipt of a complete  preliminary  plat  by
  the clerk of the planning board.
    (ii)  Public  hearing;  notice, length. The hearing on the preliminary
  plat shall be advertised  at  least  once  in  a  newspaper  of  general
  circulation  in  the city at least five days before such hearing if held
  independently  of  the  hearing  on  the  draft   environmental   impact
  statement, or fourteen days before a hearing held jointly therewith. The
  planning  board  may  provide  that the hearing be further advertised in
  such manner as it deems most appropriate for full  public  consideration
  of  such  preliminary plat. The hearing on the preliminary plat shall be
  closed upon motion of the planning board within one hundred twenty  days
  after it has been opened.
    (iii) Decision. The planning board shall by resolution approve with or
  without modification or disapprove the preliminary plat as follows:
    (1)  If  the  preparation  of an environmental impact statement on the
  preliminary plat is not required, the  planning  board  shall  make  its
  decision  within sixty-two days after the close of the public hearing on
  the preliminary plat.
    (2) If an environmental impact statement  is  required,  the  planning
  board  shall  make  its own findings and its decision on the preliminary
  plat within sixty-two days after the close of the public hearing on such
  preliminary plat or within thirty days of the adoption  of  findings  by
  the lead agency, whichever period is longer.
    (iv)  Grounds for decision. The grounds for a modification, if any, or
  the grounds for disapproval shall be stated  upon  the  records  of  the
  planning board. When so approving a preliminary plat, the planning board
  shall  state  in  writing  any  modifications  it  deems  necessary  for
  submission of the plat in final form.
    (f) Certification and filing of preliminary plat. Within five business
  days  of  the  adoption  of  the  resolution  granting  approval of such
  preliminary plat, such plat shall be  certified  by  the  clerk  of  the
  planning board as having been granted preliminary approval and a copy of
  the plat and resolution shall be filed in such clerk's office. A copy of
  the resolution shall be mailed to the owner.
    (g)  Filing of decision on preliminary plat. Within five business days
  from the date of the adoption of the resolution stating the decision  of
  the board on the preliminary plat, the chairman or other duly authorized
  member of the planning board shall cause a copy of such resolution to be
  filed in the office of the city clerk.
    (h)  Revocation  of approval of preliminary plat. Within six months of
  the approval of the preliminary plat the owner must submit the  plat  in
  final  form.  If  the  final  plat  is  not submitted within six months,
  approval of the preliminary plat may be revoked by the planning board.
    6. Approval of final plats. (a) Submission of final plats. Final plats
  shall conform to the definition provided by this section.
    (b) Final plats which  are  in  substantial  agreement  with  approved
  preliminary  plats.  When  a  final plat is submitted which the planning
  board deems to be in  substantial  agreement  with  a  preliminary  plat
  approved   pursuant  to  this  section,  the  planning  board  shall  by
  resolution  conditionally  approve   with   or   without   modification,
  disapprove,  or  grant  final approval and authorize the signing of such
  plat, within sixty-two days of its receipt by the clerk of the  planning
  board.
    (c)  Final plats when no preliminary plat is required to be submitted;
  receipt of complete final plat. When no preliminary plat is required  to
  be  submitted,  a  final  plat  shall not be considered complete until a
  negative declaration has been filed or until a notice of  completion  of
  the  draft  environmental  impact statement has been filed in accordance
  with the provisions of the state environmental quality review  act.  The
  time  periods  for  review  of such plat shall begin upon filing of such
  negative declaration or such notice of completion.
    (d)  Final  plats;  not  in  substantial   agreement   with   approved
  preliminary  plats,  or  when  no  preliminary  plat  is  required to be
  submitted. When a final plat is submitted which the planning board deems
  not to be in substantial agreement  with  a  preliminary  plat  approved
  pursuant  to this section, or when no preliminary plat is required to be
  submitted and a final plat clearly  marked  "final  plat"  is  submitted
  conforming  to  the  definition  provided  by this section the following
  shall apply:
    (i) Planning board as lead agency; public hearing;  notice;  decision.
  (1)  Public  hearing  on final plats. The time within which the planning
  board  shall  hold  a  public  hearing  on  such  final  plat  shall  be
  coordinated  with  any hearings the planning board may schedule pursuant
  to the state environmental quality review act, as follows:
    (a) if such board determines that the preparation of an  environmental
  impact statement is not required, the public hearing on a final plat not
  in  substantial  agreement  with  a preliminary plat, or on a final plat
  when no preliminary plat is required to  be  submitted,  shall  be  held
  within  sixty-two days after the receipt of a complete final plat by the
  clerk of the planning board; or
    (b) if such board determines that an environmental impact statement is
  required, and  a  public  hearing  on  the  draft  environmental  impact
  statement  is  held,  the public hearing on the final plat and the draft
  environmental impact statement shall be held  jointly  within  sixty-two
  days  after  the  filing  of  the  notice  of  completion  of such draft
  environmental impact statement in accordance with the provisions of  the
  state  environmental quality review act. If no public hearing is held on
  the draft environmental impact statement,  the  public  hearing  on  the
  final  plat  shall be held within sixty-two days following filing of the
  notice of completion.
    (2) Public hearing; notice, length. The  hearing  on  the  final  plat
  shall  be advertised at least once in a newspaper of general circulation
  in the city at least five days before such hearing if no hearing is held
  on the draft environmental impact statement, or fourteen days  before  a
  hearing  held jointly therewith. The planning board may provide that the
  hearing  be  further  advertised  in  such  manner  as  it  deems   most
  appropriate  for  full  public  consideration  of  such  final plat. The
  hearing on the final plat shall be closed upon motion  of  the  planning
  board within one hundred twenty days after it has been opened.
    (3)  Decision. The planning board shall make its decision on the final
  plat as follows:
    (a) if such board determines that the preparation of an  environmental
  impact  statement  on the final plat is not required, the planning board
  shall by resolution conditionally approve, with or without modification,
  disapprove, or grant final approval and authorize the  signing  of  such
  plat within sixty-two days after the date of the public hearing; or
    (b) if such board determined that an environmental impact statement is
  required, and a public hearing is held on the draft environmental impact
  statement,  the  final  environmental  impact  statement  shall be filed
  within forty-five days following the close of  such  public  hearing  in
  accordance with the provisions of the state environmental quality review
  act.  If  no  public  hearing  is held on the draft environmental impact
  statement, the final  environmental  impact  statement  shall  be  filed
  within  forty-five days following the close of the public hearing on the
  final plat. Within thirty days of the filing of the final  environmental
  impact  statement, the planning board shall issue findings on such final
  environmental impact statement and  shall  by  resolution  conditionally
  approve,  with  or  without  modification,  disapprove,  or  grant final
  approval and authorize the signing of such plat.
    (4) Grounds for decision. The grounds for a modification, if  any,  or
  the  grounds  for  disapproval  shall  be stated upon the records of the
  planning board.
    (ii) Planning board  not  as  lead  agency;  public  hearing;  notice;
  decision.
    (1)  Public  hearing.  The planning board shall, with the agreement of
  the lead agency, hold the public hearing on the final plat jointly  with
  the  lead  agency's hearing on the draft environmental impact statement.
  Failing such agreement or if no public hearing  is  held  on  the  draft
  environmental impact statement, the planning board shall hold the public
  hearing  on  the  plat  within  sixty-two  days  after  the receipt of a
  complete final plat by the clerk of the planning board.
    (2) Public hearing; notice, length. The  hearing  on  the  final  plat
  shall  be advertised at least once in a newspaper of general circulation
  in the city at least five days before such hearing if held independently
  of the hearing on the draft environmental impact statement, or  fourteen
  days  before  a  hearing  held jointly therewith. The planning board may
  provide that the hearing be further advertised  in  such  manner  as  it
  deems most appropriate for full public consideration of such final plat.
  The  hearing  on  the  final  plat  shall  be  closed upon motion of the
  planning board within one hundred twenty days after it has been opened.
    (3) Decision. The planning board  shall  by  resolution  conditionally
  approve,  with  or  without  modification,  disapprove,  or  grant final
  approval and authorize the signing of such plat as follows:
    (a)  If  the  preparation  of an environmental impact statement on the
  final plat is not required, the planning board shall make  its  decision
  within  sixty-two  days  after  the  close of the public hearing on such
  final plat.
    (b) If an environmental impact statement  is  required,  the  planning
  board  shall  make  its  own findings and its decision on the final plat
  within sixty-two days after the close of  the  public  hearing  on  such
  final plat or within thirty days of the adoption of findings by the lead
  agency,  whichever  period is longer. The grounds for a modification, if
  any, or the grounds for disapproval shall be stated upon the records  of
  the planning board.
    7.  Approval  and  certification  of final plats. (a) Certification of
  plat.   Within five business days of  the  adoption  of  the  resolution
  granting  conditional  or  final  approval  of the final plat, such plat
  shall be certified by the clerk of the planning  board  as  having  been
  granted  conditional or final approval and a copy of such resolution and
  plat shall be filed in such clerk's office. A  copy  of  the  resolution
  shall  be  mailed  to the owner. In the case of a conditionally approved
  plat, such resolution shall include  a  statement  of  the  requirements
  which when completed will authorize the signing thereof. Upon completion
  of  such  requirements  the plat shall be signed by said duly authorized
  officer of the planning board and a copy of such signed  plat  shall  be
  filed in the office of the clerk of the planning board or filed with the
  city clerk as determined by the legislative body of the city.
    (b)  Approval  of  plat  in sections. In granting conditional or final
  approval of a plat in final form, the planning board may permit the plat
  to be subdivided and developed in two or more sections and  may  in  its
  resolution  granting  conditional  or  final  approval  state  that such
  requirements as it deems necessary to insure the orderly development  of
  the  plat  be  completed  before said sections may be signed by the duly
  authorized officer of the planning board. Conditional or final  approval
  of  the  sections  of  a  final  plat,  may be granted concurrently with
  conditional or final  approval  of  the  entire  plat,  subject  to  any
  requirements imposed by the planning board.
    (c)  Duration  of  conditional  approval  of  final  plat. Conditional
  approval of the final plat shall expire within one hundred  eighty  days
  after  the  resolution  granting  such  approval unless all requirements
  stated in such resolution have been certified as completed. The planning
  board may extend by not more than two additional periods of ninety  days
  each  the  time in which a conditionally approved plat must be submitted
  for signature if, in the planning board's  opinion,  such  extension  is
  warranted by the particular circumstances.
    8.  Default  approval  of  preliminary or final plat. The time periods
  prescribed herein within which a planning board must take  action  on  a
  preliminary  plat  or  a final plat are specifically intended to provide
  the planning board and the  public  adequate  time  for  review  and  to
  minimize  delays  in  the  processing  of subdivision applications. Such
  periods may be extended only by mutual consent  of  the  owner  and  the
  planning  board. In the event a planning board fails to take action on a
  preliminary plat or a final plat within  the  time  prescribed  therefor
  after  completion  of  all  requirements  under  the state environmental
  quality review act, or within such extended  period  as  may  have  been
  established  by  the mutual consent of the owner and the planning board,
  such preliminary or final plat shall be  deemed  granted  approval.  The
  certificate  of  the  city  clerk  as  to  the date of submission of the
  preliminary or final plat and the failure of the planning board to  take
  action within the prescribed time shall be issued on demand and shall be
  sufficient  in lieu of written endorsement or other evidence of approval
  herein required.
    9.  Filing  of  decision on final plat. Within five business days from
  the date of the adoption of the resolution stating the decision  of  the
  board on the final plat, the chairman or other duly authorized member of
  the  planning board shall cause a copy of such resolution to be filed in
  the office of the city clerk.
    10. Notice to county planning board or  agency  or  regional  planning
  council.  When  a county planning board or agency or a regional planning
  council has been authorized to  review  subdivision  plats  pursuant  to
  section  two  hundred  thirty-nine-n  of  the general municipal law, the
  clerk of the planning board shall refer all applicable  preliminary  and
  final plats to such county planning board or agency or regional planning
  council as provided in that section.
    11. Filing of final plat; expiration of approval. The owner shall file
  in  the  office of the county clerk or register such approved final plat
  or a section of such plat within sixty-two days from the date  of  final
  approval  or  such approval shall expire. The following shall constitute
  final approval: the signature of the  duly  authorized  officer  of  the
  planning  board  constituting  final approval by the planning board of a
  plat  as  herein  provided;  or  the  approval  by  such  board  of  the
  development of a plat or plats already filed in the office of the county
  clerk  or register of the county in which such plat or plats are located
  if such plats are entirely or partially undeveloped; or the  certificate
  of the city clerk as to the date of the submission of the final plat and
  the  failure of the planning board to take action within the time herein
  provided. In the event the owner shall  file  only  a  section  of  such
  approved  plat in the office of the county clerk or register, the entire
  approved plat shall be filed within thirty days of the  filing  of  such
  section  with  the  city  clerk in each city in which any portion of the
  land described in the plat is situated. Such section shall encompass  at
  least  ten percent of the total number of lots contained in the approved
  plat and the approval of the remaining sections  of  the  approved  plat
  shall expire unless said sections are filed before the expiration of the
  exemption  period to which such plat is entitled under the provisions of
  section eighty-three-a of this chapter.
    12. Subdivision abandonment. The owner of an approved subdivision  may
  abandon  such  subdivision  pursuant  to  the provisions of section five
  hundred sixty of the real property tax law.