2006 New York Code - Subdivision Review; Approval Of Plats; Additional Requisites.

 
    § 33. 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 or city comprehensive plan, 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 city;
    (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 and  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 city departments  except  as  hereinafter  provided,  or
  alternatively  that a performance bond or other security be furnished to
  the city as hereinafter provided.
    3. Compliance with zoning regulations. Where  a  zoning  ordinance  or
  local  law  has  been  adopted by the city, the plots shown on said plat
  shall at least comply with the requirements thereof subject, however, to
  the provisions of section thirty-seven 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  city.  Such
  findings  shall  include  an  evaluation  of the present and anticipated
  future needs for park and recreational facilities in the city  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
  legislative  body  of  the  city.  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  money 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 city 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 or ordinance, application may be made
  to the zoning board of appeals for an area variance pursuant to  section
  eighty-one-b  of  this  chapter,  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.  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  city
  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 city 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  thirty-two  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 city, approved  by  the  legislative
  body  of  the  city  and  also approved by the city 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 city, such security shall be held in a city 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 legislative body  of  the  city,  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 legislative body of the city
  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  city  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.