N.Y. Village Law § 7-730: Subdivision review; approval of plats; additional requisites

§ 7-730 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, village 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 village;

(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

village departments except as hereinafter provided, or alternatively

that a performance bond or other security be furnished to the village,

as hereinafter provided.

3. Compliance with zoning regulations. Where a zoning ordinance or

local law has been adopted by the village, the lots shown on said plat

shall at least comply with the requirements thereof subject, however, to

the provisions of section 7-738 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 village. Such

findings shall include an evaluation of the present and anticipated

future needs for park and recreational facilities in the village 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 village

board of trustees. 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 moneys 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

village 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 regulations, application may be made to

the zoning board of appeals for an area variance pursuant to section

7-712-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 town board if the village is included in a central fire alarm

system established pursuant to subdivision eleven-c of section

sixty-four of the town law, (b) the board of supervisors or legislative

body of the county if the village is 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 (c) the board of

fire commissioners of the village in any other case unless the

installation is to be made in a fire district within the village, in

which event only the approval of the board of fire commissioners of such

fire district shall be necessary. The planning board may, with the

approval of the appropriate board, completely waive any or all

requirements in connection with the installation of fire alarm signal

devices including necessary connecting facilities. When required, such

installation shall be made in accordance with standards, specifications,

and procedures acceptable to such 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

village 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 village 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 7-728 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 village, approved by the village

board of trustees and also approved by the village 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 village, such security shall be held in a village 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 village board of trustees, 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 village board of trustees 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 village 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. Suffolk county sewer districts. If in the county of Suffolk the

plat is not entirely situate within a county, town or village sewer

district and the county department of environmental control or the

county 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: (a) 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, (b)

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 (c) 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 (d) the developer shall

provide such other means and methods or combination thereof as the

Suffolk county sewer agency may determine, specify and direct.

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.

The useable value of any sewage collection system built under

paragraph (b), (c) or (d) 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.