N.Y. Town Law § 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.