§ 276 — Subdivision review; approval of plats; development of filed plats

New York § 276

• Jurisdiction: New York
• Law TWN: Town
• Art. 16: Zoning and Planning

Text

§ 276. Subdivision review; approval of plats; development of filed\nplats. 1. Purpose. For the purpose of providing for the future growth\nand development of the town and affording adequate facilities for the\nhousing, transportation, distribution, comfort, convenience, safety,\nhealth and welfare of its population, the town board may, by resolution,\nauthorize and empower the planning board to approve preliminary and\nfinal plats of subdivisions showing lots, blocks or sites, with or\nwithout streets or highways, within that part of the town outside the\nlimits of any incorporated village.\n 2. Authorization for review of previously filed plats. For the same\npurposes and under the same conditions, the town board may, by\nresolution, authorize and empower the planning board to approve the\ndevelopment of plats, entirely or partially undeveloped, which were\nfiled in the office of the clerk of the county in which such plat is\nlocated prior to the appointment of such planning board and grant to the\nboard the power to approve such plats. The term "undeveloped" shall mean\nthose plats where twenty percent or more of the lots within the plat are\nunimproved unless existing conditions, such as poor drainage, have\nprevented their development.\n 3. Filing of certificate. The clerk of every town which has authorized\nits planning board to approve plats as set forth herein shall\nimmediately file a certificate of that fact with the clerk or register\nof the county in which such town is located.\n 4. Definitions. When used in this article the following terms shall\nhave the respective meanings set forth herein except where the context\nshows otherwise:\n (a) "Subdivision" means the division of any parcel of land into a\nnumber of lots, blocks or sites as specified in a local ordinance, law,\nrule or regulation, with or without streets or highways, for the purpose\nof sale, transfer of ownership, or development. The term "subdivision"\nmay include any alteration of lot lines or dimensions of any lots or\nsites shown on a plat previously approved and filed in the office of the\ncounty clerk or register of the county in which such plat is located.\nSubdivisions may be defined and delineated by local regulation, as\neither "major" or "minor", with the review procedures and criteria for\neach set forth in such local regulations.\n (b) "Preliminary plat" means a drawing prepared in a manner prescribed\nby local regulation showing the layout of a proposed subdivision\nincluding, but not restricted to, road and lot layout and approximate\ndimensions, key plan, topography and drainage, all proposed facilities\nunsized, including preliminary plans and profiles, at suitable scale and\nin such detail as local regulation may require.\n (c) "Preliminary plat approval" means the approval of the layout of a\nproposed subdivision as set forth in a preliminary plat but subject to\nthe approval of the plat in final form in accordance with the provisions\nof this section.\n (d) "Final plat" means a drawing prepared in a manner prescribed by\nlocal regulation, that shows a proposed subdivision, containing in such\nadditional detail as shall be provided by local regulation all\ninformation required to be shown on a preliminary plat and the\nmodifications, if any, required by the planning board at the time of\napproval of the preliminary plat if such preliminary plat has been so\napproved.\n (e) "Conditional approval of a final plat" means approval by a\nplanning board of a final plat subject to conditions set forth by the\nplanning board in a resolution conditionally approving such plat. Such\nconditional approval does not qualify a final plat for recording nor\nauthorize issuance of any building permits prior to the signing of the\nplat by a duly authorized officer of the planning board and recording of\nthe plat in the office of the county clerk or register as herein\nprovided.\n (f) "Final plat approval" means the signing of a plat in final form by\na duly authorized officer of a planning board pursuant to a planning\nboard resolution granting final approval to the plat or after conditions\nspecified in a resolution granting conditional approval of the plat are\ncompleted. Such final approval qualifies the plat for recording in the\noffice of the county clerk or register in the county in which such plat\nis located.\n 5. Approval of preliminary plats. (a) Submission of preliminary plats.\nAll plats shall be submitted to the planning board for approval in final\nform provided, however, that where the planning board has been\nauthorized to approve preliminary plats, the owner may submit or the\nplanning board may require that the owner submit a preliminary plat for\nconsideration. Such a preliminary plat shall be clearly marked\n"preliminary plat" and shall conform to the definition provided in this\nsection.\n (b) Coordination with the state environmental quality review act. The\nplanning board shall comply with the provisions of the state\nenvironmental quality review act under article eight of the\nenvironmental conservation law and its implementing regulations.\n (c) Receipt of a complete preliminary plat. A preliminary plat shall\nnot be considered complete until a negative declaration has been filed\nor until a notice of completion of the draft environmental impact\nstatement has been filed in accordance with the provisions of the state\nenvironmental quality review act. The time periods for review of a\npreliminary plat shall begin upon filing of such negative declaration or\nsuch notice of completion.\n (d) Planning board as lead agency under the state environmental\nquality review act; public hearing; notice; decision.\n (i) Public hearing on preliminary plats. The time within which the\nplanning board shall hold a public hearing on the preliminary plat shall\nbe coordinated with any hearings the planning board may schedule\npursuant to the state environmental quality review act, as follows:\n (1) If such board determines that the preparation of an environmental\nimpact statement on the preliminary plat is not required, the public\nhearing on such plat shall be held within sixty-two days after the\nreceipt of a complete preliminary plat by the clerk of the planning\nboard; or\n (2) If such board determines that an environmental impact statement is\nrequired, and a public hearing on the draft environmental impact\nstatement is held, the public hearing on the preliminary plat and the\ndraft environmental impact statement shall be held jointly within\nsixty-two days after the filing of the notice of completion of such\ndraft environmental impact statement in accordance with the provisions\nof the state environmental quality review act. If no public hearing is\nheld on the draft environmental impact statement, the public hearing on\nthe preliminary plat shall be held within sixty-two days of filing the\nnotice of completion.\n (ii) Public hearing; notice, length. The hearing on the preliminary\nplat shall be advertised at least once in a newspaper of general\ncirculation in the town at least five days before such hearing if no\nhearing is held on the draft environmental impact statement, or fourteen\ndays before a hearing held jointly therewith. The planning board may\nprovide that the hearing be further advertised in such manner as it\ndeems most appropriate for full public consideration of such preliminary\nplat. The hearing on the preliminary plat shall be closed upon motion of\nthe planning board within one hundred twenty days after it has been\nopened.\n (iii) Decision. The planning board shall approve, with or without\nmodification, or disapprove such preliminary plat as follows:\n (1) If the planning board determines that the preparation of an\nenvironmental impact statement on the preliminary plat is not required\nsuch board shall make its decision within sixty-two days after the close\nof the public hearing; or\n (2) If the planning board determines that an environmental impact\nstatement is required, and a public hearing is held on the draft\nenvironmental impact statement, the final environmental impact statement\nshall be filed within forty-five days following the close of such public\nhearing in accordance with the provisions of the state environmental\nquality review act. If no public hearing is held on the draft\nenvironmental impact statement, the final environmental impact statement\nshall be filed within forty-five days following the close of the public\nhearing on the preliminary plat. Within thirty days of the filing of\nsuch final environmental impact statement, the planning board shall\nissue findings on the final environmental impact statement and make its\ndecision on the preliminary plat.\n (iv) Grounds for decision. The grounds for a modification, if any, or\nthe grounds for disapproval shall be stated upon the records of the\nplanning board. When so approving a preliminary plat, the planning board\nshall state in writing any modifications it deems necessary for\nsubmission of the plat in final form.\n (e) Planning board not as lead agency under the state environmental\nquality review act; public hearing; notice; decision.\n (i) Public hearing on preliminary plats. The planning board shall,\nwith the agreement of the lead agency, hold the public hearing on the\npreliminary plat jointly with the lead agency's hearing on the draft\nenvironmental impact statement. Failing such agreement or if no public\nhearing is held on the draft environmental impact statement, the\nplanning board shall hold the public hearing on the preliminary plat\nwithin sixty-two days after the receipt of a complete preliminary plat\nby the clerk of the planning board.\n (ii) Public hearing; notice, length. The hearing on the preliminary\nplat shall be advertised at least once in a newspaper of general\ncirculation in the town at least five days before such hearing if held\nindependently of the hearing on the draft environmental impact\nstatement, or fourteen days before a hearing held jointly therewith. The\nplanning board may provide that the hearing be further advertised in\nsuch manner as it deems most appropriate for full public consideration\nof such preliminary plat. The hearing on the preliminary plat shall be\nclosed upon motion of the planning board within one hundred twenty days\nafter it has been opened.\n (iii) Decision. The planning board shall by resolution approve with or\nwithout modification or disapprove the preliminary plat as follows:\n (1) If the preparation of an environmental impact statement on the\npreliminary plat is not required, the planning board shall make its\ndecision within sixty-two days after the close of the public hearing on\nthe preliminary plat.\n (2) If an environmental impact statement is required, the planning\nboard shall make its own findings and its decision on the preliminary\nplat within sixty-two days after the close of the public hearing on such\npreliminary plat or within thirty days of the adoption of findings by\nthe lead agency, whichever period is longer.\n (iv) Grounds for decision. The grounds for a modification, if any, or\nthe grounds for disapproval shall be stated upon the records of the\nplanning board. When so approving a preliminary plat, the planning board\nshall state in writing any modifications it deems necessary for\nsubmission of the plat in final form.\n (f) Certification and filing of preliminary plat. Within five business\ndays of the adoption of the resolution granting approval of such\npreliminary plat, such plat shall be certified by the clerk of the\nplanning board as having been granted preliminary approval and a copy of\nthe plat and resolution shall be filed in such clerk's office. A copy of\nthe resolution shall be mailed to the owner.\n (g) Filing of decision on preliminary plat. Within five business days\nfrom the date of the adoption of the resolution stating the decision of\nthe board on the preliminary plat, the chairman or other duly authorized\nmember of the planning board shall cause a copy of such resolution to be\nfiled in the office of the town clerk.\n (h) Revocation of approval of preliminary plat. Within six months of\nthe approval of the preliminary plat the owner must submit the plat in\nfinal form. If the final plat is not submitted within six months,\napproval of the preliminary plat may be revoked by the planning board.\n 6. Approval of final plats. (a) Submission of final plats. Final plats\nshall conform to the definition provided by this section.\n (b) Final plats which are in substantial agreement with approved\npreliminary plats. When a final plat is submitted which the planning\nboard deems to be in substantial agreement with a preliminary plat\napproved pursuant to this section, the planning board shall by\nresolution conditionally approve with or without modification,\ndisapprove, or grant final approval and authorize the signing of such\nplat, within sixty-two days of its receipt by the clerk of the planning\nboard.\n (c) Final plats when no preliminary plat is required to be submitted;\nreceipt of complete final plat. When no preliminary plat is required to\nbe submitted, a final plat shall not be considered complete until a\nnegative declaration has been filed or until a notice of completion of\nthe draft environmental impact statement has been filed in accordance\nwith the provisions of the state environmental quality review act. The\ntime periods for review of such plat shall begin upon filing of such\nnegative declaration or such notice of completion.\n (d) Final plats; not in substantial agreement with approved\npreliminary plats, or when no preliminary plat is required to be\nsubmitted. When a final plat is submitted which the planning board deems\nnot to be in substantial agreement with a preliminary plat approved\npursuant to this section, or when no preliminary plat is required to be\nsubmitted and a final plat clearly marked "final plat" is submitted\nconforming to the definition provided by this section the following\nshall apply:\n (i) Planning board as lead agency; public hearing; notice; decision.\n (1) Public hearing on final plats. The time within which the planning\nboard shall hold a public hearing on such final plat shall be\ncoordinated with any hearings the planning board may schedule pursuant\nto the state environmental quality review act, as follows:\n (a) if such board determines that the preparation of an environmental\nimpact statement is not required, the public hearing on a final plat not\nin substantial agreement with a preliminary plat, or on a final plat\nwhen no preliminary plat is required to be submitted, shall be held\nwithin sixty-two days after the receipt of a complete final plat by the\nclerk of the planning board; or\n (b) if such board determines that an environmental impact statement is\nrequired, and a public hearing on the draft environmental impact\nstatement is held, the public hearing on the final plat and the draft\nenvironmental impact statement shall be held jointly within sixty-two\ndays after the filing of the notice of completion of such draft\nenvironmental impact statement in accordance with the provisions of the\nstate environmental quality review act. If no public hearing is held on\nthe draft environmental impact statement, the public hearing on the\nfinal plat shall be held within sixty-two days following filing of the\nnotice of completion.\n (2) Public hearing; notice, length. The hearing on the final plat\nshall be advertised at least once in a newspaper of general circulation\nin the town at least five days before such hearing if no hearing is held\non the draft environmental impact statement, or fourteen days before a\nhearing held jointly therewith. The planning board may provide that the\nhearing be further advertised in such manner as it deems most\nappropriate for full public consideration of such final plat. The\nhearing on the final plat shall be closed upon motion of the planning\nboard within one hundred twenty days after it has been opened.\n (3) Decision. The planning board shall make its decision on the final\nplat as follows:\n (a) if such board determines that the preparation of an environmental\nimpact statement on the final plat is not required, the planning board\nshall by resolution conditionally approve, with or without modification,\ndisapprove, or grant final approval and authorize the signing of such\nplat, within sixty-two days after the date of the public hearing; or\n (b) if such board determines that an environmental impact statement is\nrequired, and a public hearing is held on the draft environmental impact\nstatement, the final environmental impact statement shall be filed\nwithin forty-five days following the close of such public hearing in\naccordance with the provisions of the state environmental quality review\nact. If no public hearing is held on the draft environmental impact\nstatement, the final environmental impact statement shall be filed\nwithin forty-five days following the close of the public hearing on the\nfinal plat. Within thirty days of the filing of the final environmental\nimpact statement, the planning board shall issue findings on such final\nenvironmental impact statement and shall by resolution conditionally\napprove, with or without modification, disapprove, or grant final\napproval and authorize the signing of such plat.\n (4) Grounds for decision. The grounds for a modification, if any, or\nthe grounds for disapproval shall be stated upon the records of the\nplanning board.\n (ii) Planning board not as lead agency; public hearing; notice;\ndecision.\n (1) Public hearing. The planning board shall, with the agreement of\nthe lead agency, hold the public hearing on the final plat jointly with\nthe lead agency's hearing on the draft environmental impact statement.\nFailing such agreement or if no public hearing is held on the draft\nenvironmental impact statement, the planning board shall hold the public\nhearing on the final plat within sixty-two days after the receipt of a\ncomplete final plat by the clerk of the planning board.\n (2) Public hearing; notice, length. The hearing on the final plat\nshall be advertised at least once in a newspaper of general circulation\nin the town at least five days before such hearing if held independently\nof the hearing on the draft environmental impact statement, or fourteen\ndays before a hearing held jointly therewith. The planning board may\nprovide that the hearing be further advertised in such manner as it\ndeems most appropriate for full public consideration of such final plat.\nThe hearing on the final plat shall be closed upon motion of the\nplanning board within one hundred twenty days after it has been opened.\n (3) Decision. The planning board shall by resolution conditionally\napprove, with or without modification, disapprove, or grant final\napproval and authorize the signing of such plat as follows:\n (a) If the preparation of an environmental impact statement on the\nfinal plat is not required, the planning board shall make its decision\nwithin sixty-two days after the close of the public hearing on the final\nplat.\n (b) If an environmental impact statement is required, the planning\nboard shall make its own findings and its decision on the final plat\nwithin sixty-two days after the close of the public hearing on such\nfinal plat or within thirty days of the adoption of findings by the lead\nagency, whichever period is longer. The grounds for a modification, if\nany, or the grounds for disapproval shall be stated upon the records of\nthe planning board.\n 7. Approval and certification of final plats. (a) Certification of\nplat. Within five business days of the adoption of the resolution\ngranting conditional or final approval of the final plat, such plat\nshall be certified by the clerk of the planning board as having been\ngranted conditional or final approval and a copy of such resolution and\nplat shall be filed in such clerk's office. A copy of the resolution\nshall be mailed to the owner. In the case of a conditionally approved\nplat, such resolution shall include a statement of the requirements\nwhich when completed will authorize the signing thereof. Upon completion\nof such requirements the plat shall be signed by said duly authorized\nofficer of the planning board and a copy of such signed plat shall be\nfiled in the office of the clerk of the planning board or filed with the\ntown clerk as determined by the town board.\n (b) Approval of plat in sections. In granting conditional or final\napproval of a plat in final form, the planning board may permit the plat\nto be subdivided and developed in two or more sections and may in its\nresolution granting conditional or final approval state that such\nrequirements as it deems necessary to insure the orderly development of\nthe plat be completed before said sections may be signed by the duly\nauthorized officer of the planning board. Conditional or final approval\nof the sections of a final plat may be granted concurrently with\nconditional or final approval of the entire plat, subject to any\nrequirements imposed by the planning board.\n (c) Duration of conditional approval of final plat. Conditional\napproval of the final plat shall expire within one hundred eighty days\nafter the resolution granting such approval unless all requirements\nstated in such resolution have been certified as completed. The planning\nboard may extend for periods of ninety days each, the time in which a\nconditionally approved plat must be submitted for signature if, in the\nplanning board's opinion, such extension is warranted by the particular\ncircumstances.\n 8. Default approval of preliminary or final plat. The time periods\nprescribed herein within which a planning board must take action on a\npreliminary plat or a final plat are specifically intended to provide\nthe planning board and the public adequate time for review and to\nminimize delays in the processing of subdivision applications. Such\nperiods may be extended only by mutual consent of the owner and the\nplanning board. In the event a planning board fails to take action on a\npreliminary plat or a final plat within the time prescribed therefor\nafter completion of all requirements under the state environmental\nquality review act, or within such extended period as may have been\nestablished by the mutual consent of the owner and the planning board,\nsuch preliminary or final plat shall be deemed granted approval. The\ncertificate of the town clerk as to the date of submission of the\npreliminary or final plat and the failure of the planning board to take\naction within the prescribed time shall be issued on demand and shall be\nsufficient in lieu of written endorsement or other evidence of approval\nherein required.\n 9. Filing of decision on final plat. Within five business days from\nthe date of the adoption of the resolution stating the decision of the\nboard on the final plat, the chairman or other duly authorized member of\nthe planning board shall cause a copy of such resolution to be filed in\nthe office of the town clerk.\n 10. Notice to county planning board or agency or regional planning\ncouncil. When a county planning board or agency or a regional planning\ncouncil has been authorized to review subdivision plats pursuant to\nsection two hundred thirty-nine-n of the general municipal law, the\nclerk of the planning board shall refer all applicable preliminary and\nfinal plats to such county planning board or agency or regional planning\ncouncil as provided in that section.\n 11. Filing of final plat; expiration of approval. The owner shall file\nin the office of the county clerk or register such approved final plat\nor a section of such plat within sixty-two days from the date of final\napproval or such approval shall expire. The following shall constitute\nfinal approval: the signature of the duly authorized officer of the\nplanning board constituting final approval by the planning board of a\nplat as herein provided; or the approval by such board of the\ndevelopment of a plat or plats already filed in the office of the county\nclerk or register of the county in which such plat or plats are located\nif such plats are entirely or partially undeveloped; or the certificate\nof the town clerk as to the date of the submission of the final plat and\nthe failure of the planning board to take action within the time herein\nprovided. In the event the owner shall file only a section of such\napproved plat in the office of the county clerk or register, the entire\napproved plat shall be filed within thirty days of the filing of such\nsection with the town clerk in each town in which any portion of the\nland described in the plat is situated. Such section shall encompass at\nleast ten percent of the total number of lots contained in the approved\nplat and the approval of the remaining sections of the approved plat\nshall expire unless said sections are filed before the expiration of the\nexemption period to which such plat is entitled under the provisions of\nsubdivision two of section two hundred sixty-five-a of this article.\n 12. Subdivision abandonment. The owner of an approved subdivision may\nabandon such subdivision pursuant to the provisions of section five\nhundred sixty of the real property tax law.\n