2010 New York Code
TWN - Town
Article 16 - (261 - 285) ZONING AND PLANNING
276 - Subdivision review; approval of plats; development of filed plats.

§  276.  Subdivision  review;  approval of plats; development of filed
  plats. 1. Purpose. For the purpose of providing for  the  future  growth
  and  development  of  the town and affording adequate facilities for the
  housing, transportation,  distribution,  comfort,  convenience,  safety,
  health and welfare of its population, the town board 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, within that part of the town outside the
  limits of any incorporated village.
    2. Authorization for review of previously filed plats.  For  the  same
  purposes  and  under  the  same  conditions,  the  town  board  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 town 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 town 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 local ordinance, 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  town  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 the 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 town 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 town 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 town 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 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
  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 final 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 town 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 the 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
  town clerk as determined by the town board.
    (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  for 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 town 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 town 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 town 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  town  clerk in each town 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
  subdivision two of section two hundred sixty-five-a of this article.
    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.