2010 New York Code
TWN - Town
Article 16 - (261 - 285) ZONING AND PLANNING
277 - Subdivision review; approval of plats; additional requisites.

§  277.  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,  town 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 town;
    (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
  town departments except as hereinafter provided, or alternatively that a
  performance bond  or  other  security  be  furnished  to  the  town,  as
  hereinafter provided.
    3.  Compliance  with  zoning  regulations. Where a zoning ordinance or
  local law has been adopted by the town, the  lots  shown  on  said  plat
  shall at least comply with the requirements thereof subject, however, to
  the provisions of section two hundred seventy-eight 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  town.  Such
  findings shall include an evaluation  of  the  present  and  anticipated
  future  needs  for park and recreational facilities in the town 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  town
  board.  In  making  such  determination  of suitability, the board shall
  assess the size and suitability of lands 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 monies 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  town  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 regulations,  application  may  be  made  to  the
  zoning  board  of  appeals  for an area variance pursuant to section two
  hundred sixty-seven-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 board of supervisors or legislative body of the  county  if  the
  installation  is  to be made in an area 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 (b) the town board
  in any other case unless the installation  is  to  be  made  in  a  fire
  district  in  a  town  in  which  no  central fire alarm system has been
  established pursuant to subdivision eleven-c of  section  sixty-four  of
  this  chapter,  in  which  case  only  the approval of the board of fire
  commissioners  of  such  fire  district  shall  be  necessary.  Required
  installations   of   fire   alarm  signal  devices  including  necessary
  connecting facilities  shall  be  made  in  accordance  with  standards,
  specifications and procedures acceptable to the appropriate 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  town
  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 town 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 ten of section two hundred seventy-six  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 town, approved by the town board and
  also approved by the town 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 town, such security shall be held
  in a town 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 town board, 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  town  board  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 town 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. Provision of improvements by town.  (a)  Adoption  of  resolution.
  Notwithstanding  the  foregoing provisions of this section, with respect
  to plats approved by the planning board, the  town  board  may  adopt  a
  resolution  that  sidewalks  and/or  water  mains and/or sanitary sewers
  and/or storm drains required by the  planning  board  pursuant  to  this
  section  be  constructed  or  installed  at  the  expense of the town as
  authorized by articles three-A and twelve-C of this chapter  or  at  the
  expense  of  an  existing  improvement  district  in  which  the plat is
  located. Such improvements may also be acquired without consideration by
  the town board on behalf of the  town  or  an  improvement  district  as
  authorized  by  article  three-A,  twelve,  twelve-A or twelve-C of this
  chapter.

(b) Establishment of improvement district. If an improvement  district
  has not been created for the area in which the plat is located, the town
  board  may  establish  or  extend an improvement district as provided in
  this chapter or in  any  applicable  special  law  for  the  purpose  of
  constructing  or  installing  or  acquiring  without  consideration such
  improvements shown on the  map  of  any  plat  as  the  town  board  may
  determine.
    (i)  Execution  of  contracts. The town board resolution shall require
  that the owner or owners of real property execute  such  contracts  with
  the  town  as  the  town  board  may  deem  necessary for the purpose of
  ensuring  that  the  expense  of  such  construction  or   installation,
  including  the  cost  of  issuing obligations to raise moneys to pay the
  expense thereof and interest on such obligations, shall not be an  undue
  burden  upon the property deemed benefitted by the agreements or of such
  improvement district or extension thereof as the case  may  be  and  may
  require  a  security  agreement,  including the filing of a surety bond,
  letter of credit  or  the  deposit  of  cash  or  securities  reasonably
  acceptable  to  the  town  board  as  to  assure the performance of such
  contracts.
    (ii) Any such surety agreement shall be executed  in  accordance  with
  this  subdivision,  and  may  contain  such other provisions as the town
  board may reasonably determine to be necessary to ensure the performance
  of such contracts.
    11. Suffolk county; disposal of sewage from plats. (a) In  the  county
  of Suffolk, when the 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: (i) 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, (ii)
  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  (iii)  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 (iv) the developer
  shall provide such other means and methods or combination thereof as the
  Suffolk county sewer agency may determine, specify and direct.
    (b) 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. Provided,
  however, that if so directed by local law enacted by the Suffolk  county
  legislature with approval of the county executive:
    (i)  the  Suffolk county sewer agency may refund all moneys on deposit
  in said trust fund pursuant  to  agreements  entered  into  before  July
  first,   nineteen   hundred   seventy-eight   under   the  authority  of
  subparagraphs (ii) and (iii) of paragraph (a) of this  subdivision,  and
  all  accumulated  interest,  if  any, earned thereon, to the owner as of
  July first, nineteen hundred eighty-eight of the subject plat from which
  moneys deposited into said trust fund were collected, or  a  predecessor
  in  title if said predecessor establishes a superior right to the moneys
  and accumulated interest; and
    (ii) the Suffolk county sewer agency may cease  to  accept  money  for
  deposit  into  the trust fund if said money is due and owning because of
  agreements  entered   into   before   July   first,   nineteen   hundred
  seventy-eight  under  the  authority  of subparagraphs (ii) and (iii) of
  paragraph (a) of this subdivision.
    (c) The useable value of any communal sewage collection  system  built
  under   subparagraph  (i),  (ii)  or  (iv)  of  paragraph  (a)  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.
    (d) While planning for and pending the formation  or  extension  of  a
  district  contemplated  hereunder which will incorporate a plat that has
  or is to have a dry lateral sewer collection system  installed  therein,
  the county legislature may contract in those instances where it feels an
  emergency  exists,  and the public health and welfare are in urgent need
  and will be best served, with any department,  agency,  subdivision,  or
  political  instrumentality of the state, county, town, or village, or an
  improvement district or a private entity having a  treatment  plant,  to
  furnish  sewerage  disposal  service  to  such  plat  on  such terms and
  conditions and for such consideration as the Suffolk county sewer agency
  may  recommend  and  the  county  legislature   approves.   The   county
  legislature  may  finance,  in  whole  or in part, pursuant to the local
  finance law, any expenditure made pursuant to  this  section.  Upon  the
  erection of the contemplated district, it shall reimburse the county for
  any  funds the county may have expended to provide such interim disposal
  service to the plat.