N.Y. General City Law § 32: 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 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 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.