N.Y. General City Law § 33: 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.