§ 7-730 — Subdivision review; approval of plats; additional requisites

New York § 7-730

• Jurisdiction: New York
• Law VIL: Village
• Art. 7: Building Zones

Text

§ 7-730 Subdivision review; approval of plats; additional requisites.\n1. Purpose. Before the approval by the planning board of a plat showing\nlots, blocks or sites, with or without streets or highways, or the\napproval of a plat already filed in the office of the clerk of the\ncounty wherein such plat is situated if the plat is entirely or\npartially undeveloped, the planning board shall require that the land\nshown on the plat be of such character that it can be used safely for\nbuilding purposes without danger to health or peril from fire, flood,\ndrainage or other menace to neighboring properties or the public health,\nsafety and welfare.\n 2. Additional requirements. The planning board shall also require\nthat:\n (a) the streets and highways be of sufficient width and suitable grade\nand shall be suitably located to accommodate the prospective traffic, to\nafford adequate light and air, to facilitate fire protection, and to\nprovide access of firefighting equipment to buildings. If there be an\nofficial map, village comprehensive plan or functional/master plans,\nsuch streets and highways shall be coordinated so as to compose a\nconvenient system conforming to the official map and properly related to\nthe proposals shown in the comprehensive plan of the village;\n (b) suitable monuments be placed at block corners and other necessary\npoints as may be required by the board and the location thereof is shown\non the map of such plat;\n (c) all streets or other public places shown on such plats be suitably\ngraded and paved; street signs, sidewalks, street lighting standards,\ncurbs, gutters, street trees, water mains, fire alarm signal devices\n(including necessary ducts and cables or other connecting facilities),\nsanitary sewers and storm drains be installed all in accordance with\nstandards, specifications and procedures acceptable to the appropriate\nvillage departments except as hereinafter provided, or alternatively\nthat a performance bond or other security be furnished to the village,\nas hereinafter provided.\n 3. Compliance with zoning regulations. Where a zoning ordinance or\nlocal law has been adopted by the village, the lots shown on said plat\nshall at least comply with the requirements thereof subject, however, to\nthe provisions of section 7-738 of this article.\n 4. Reservation of parkland on subdivision plats containing residential\nunits. (a) Before the planning board may approve a subdivision plat\ncontaining residential units, such subdivision plat shall also show,\nwhen required by such board, a park or parks suitably located for\nplayground or other recreational purposes.\n (b) Land for park, playground or other recreational purposes may not\nbe required until the planning board has made a finding that a proper\ncase exists for requiring that a park or parks be suitably located for\nplaygrounds or other recreational purposes within the village. Such\nfindings shall include an evaluation of the present and anticipated\nfuture needs for park and recreational facilities in the village based\non projected population growth to which the particular subdivision plat\nwill contribute.\n (c) In the event the planning board makes a finding pursuant to\nparagraph (b) of this subdivision that the proposed subdivision plat\npresents a proper case for requiring a park or parks suitably located\nfor playgrounds or other recreational purposes, but that a suitable park\nor parks of adequate size to meet the requirement cannot be properly\nlocated on such subdivision plat, the planning board may require a sum\nof money in lieu thereof, in an amount to be established by the village\nboard of trustees. In making such determination of suitability, the\nboard shall assess the size and suitability of land shown on the\nsubdivision plat which could be possible locations for park or\nrecreational facilities, as well as practical factors including whether\nthere is a need for additional facilities in the immediate neighborhood.\nAny moneys required by the planning board in lieu of land for park,\nplayground or other recreational purposes, pursuant to the provisions of\nthis section, shall be deposited into a trust fund to be used by the\nvillage exclusively for park, playground or other recreational purposes,\nincluding the acquisition of property.\n 5. Character of the development. In making such determination\nregarding streets, highways, parks and required improvements, the\nplanning board shall take into consideration the prospective character\nof the development, whether dense residence, open residence, business or\nindustrial.\n 6. Application for area variance. Notwithstanding any provision of law\nto the contrary, where a plat contains one or more lots which do not\ncomply with the zoning local law regulations, application may be made to\nthe zoning board of appeals for an area variance pursuant to section\n7-712-b of this article, without the necessity of a decision or\ndetermination of an administrative official charged with the enforcement\nof the zoning regulations. In reviewing such application the zoning\nboard of appeals shall request the planning board to provide a written\nrecommendation concerning the proposed variance.\n 7. Waiver of requirements. The planning board may waive, when\nreasonable, any requirements or improvements for the approval, approval\nwith modifications or disapproval of subdivisions submitted for its\napproval. Any such waiver, which shall be subject to appropriate\nconditions, may be exercised in the event any such requirements or\nimprovements are found not to be requisite in the interest of the public\nhealth, safety, and general welfare or inappropriate because of\ninadequacy or lack of connecting facilities adjacent or in proximity to\nthe subdivision.\n 8. Installation of fire alarm devices. The installation of fire alarm\nsignal devices including necessary connecting facilities shall be\nrequired or waived pursuant to this section only with the approval of:\n(a) the town board if the village is included in a central fire alarm\nsystem established pursuant to subdivision eleven-c of section\nsixty-four of the town law, (b) the board of supervisors or legislative\nbody of the county if the village is included in a central fire alarm\nsystem established pursuant to paragraph (h) of subdivision one of\nsection two hundred twenty-five of the county law, or (c) the board of\nfire commissioners of the village in any other case unless the\ninstallation is to be made in a fire district within the village, in\nwhich event only the approval of the board of fire commissioners of such\nfire district shall be necessary. The planning board may, with the\napproval of the appropriate board, completely waive any or all\nrequirements in connection with the installation of fire alarm signal\ndevices including necessary connecting facilities. When required, such\ninstallation shall be made in accordance with standards, specifications,\nand procedures acceptable to such board.\n 9. Performance bond or other security. (a) Furnishing of performance\nbond or other security. As an alternative to the installation of\ninfrastructure and improvements, as above provided, prior to planning\nboard approval, a performance bond or other security sufficient to cover\nthe full cost of the same, as estimated by the planning board or a\nvillage department designated by the planning board to make such\nestimate, where such departmental estimate is deemed acceptable by the\nplanning board, shall be furnished to the village by the owner.\n (b) Security where plat approved in sections. In the event that the\nowner shall be authorized to file the approved plat in sections, as\nprovided in subdivision seven of section 7-728 of this article, approval\nof the plat may be granted upon the installation of the required\nimprovements in the section of the plat filed in the office of the\ncounty clerk or register or the furnishing of security covering the\ncosts of such improvements. The owner shall not be permitted to begin\nconstruction of buildings in any other section until such section has\nbeen filed in the office of the county clerk or register and the\nrequired improvements have been installed in such section or a security\ncovering the cost of such improvements is provided.\n (c) Form of security. Any such security must be provided pursuant to a\nwritten security agreement with the village, approved by the village\nboard of trustees and also approved by the village attorney as to form,\nsufficiency and manner of execution, and shall be limited to: (i) a\nperformance bond issued by a bonding or surety company; (ii) the deposit\nof funds in or a certificate of deposit issued by a bank or trust\ncompany located and authorized to do business in this state; (iii) an\nirrevocable letter of credit from a bank located and authorized to do\nbusiness in this state; (iv) obligations of the United States of\nAmerica; or (v) any obligations fully guaranteed as to interest and\nprincipal by the United States of America, having a market value at\nleast equal to the full cost of such improvements. If not delivered to\nthe village, such security shall be held in a village account at a bank\nor trust company.\n (d) Term of security agreement. Any such performance bond or security\nagreement shall run for a term to be fixed by the planning board, but in\nno case for a longer term than three years, provided, however, that the\nterm of such performance bond or security agreement may be extended by\nthe planning board with consent of the parties thereto. If the planning\nboard shall decide at any time during the term of the performance bond\nor security agreement that the extent of building development that has\ntaken place in the subdivision is not sufficient to warrant all the\nimprovements covered by such security, or that the required improvements\nhave been installed as provided in this section and by the planning\nboard in sufficient amount to warrant reduction in the amount of said\nsecurity, and upon approval by the village board of trustees, the\nplanning board may modify its requirements for any or all such\nimprovements, and the amount of such security shall thereupon be reduced\nby an appropriate amount so that the new amount will cover the cost in\nfull of the amended list of improvements required by the planning board.\n (e) Default of security agreement. In the event that any required\nimprovements have not been installed as provided in this section within\nthe term of such security agreement, the village board of trustees may\nthereupon declare the said performance bond or security agreement to be\nin default and collect the sum remaining payable thereunder; and upon\nthe receipt of the proceeds thereof, the village shall install such\nimprovements as are covered by such security and as commensurate with\nthe extent of building development that has taken place in the\nsubdivision but not exceeding in cost the amount of such proceeds.\n 10. Suffolk county sewer districts. If in the county of Suffolk the\nplat is not entirely situate within a county, town or village sewer\ndistrict and the county department of environmental control or the\ncounty health department shall have directed that disposal of sewage\nfrom the plat shall be provided for by a communal sewerage system,\nconsisting of a treatment plant and collection system, then the Suffolk\ncounty sewer agency shall determine, specify and direct the means and\nmethod by which the aforesaid system shall be best provided by and at\nthe expense of the developer. Among the alternative means and methods\nthe Suffolk county sewer agency may direct, shall be: (a) that the\ndeveloper, at its own cost and expense, install, build and construct\nsuch system according to such plans, specifications, conditions and\nguarantees as may be required by the Suffolk county sewer agency, and\nupon satisfactory completion thereof, the developer shall dedicate and\ndonate same, without cost to the Suffolk county sewer agency, or its\nnominee, and the developer shall also petition to form a county\ndistrict, but if the Suffolk county sewer agency shall determine that a\nsuitable complete communal sewerage system of adequate size cannot be\nproperly located in the plat or is otherwise not practical, then, (b)\nthe developer shall install, build and construct temporary cesspools or\nseptic tanks together with a sewage collection system according to such\nplans, specifications, conditions and guarantees as may be required by\nthe Suffolk county sewer agency, and upon satisfactory completion\nthereof, the developer shall dedicate and donate same, without cost, to\nthe Suffolk county sewer agency or its nominee, and in addition thereto,\nthe agency may also require the payment to the Suffolk county sewer\nagency of a sum of money in an amount to be determined by the Suffolk\ncounty sewer agency, and the developer shall also petition to form a\ncounty district, or (c) the developer shall install, build and construct\ntemporary cesspools or septic tanks and, in addition thereto, shall pay\nto the Suffolk county sewer agency a sum of money in an amount to be\ndetermined by the Suffolk county sewer agency and the developer shall\nalso petition to form a county district, or (d) the developer shall\nprovide such other means and methods or combination thereof as the\nSuffolk county sewer agency may determine, specify and direct.\n Any sums paid to the Suffolk county sewer agency pursuant to any\nprovisions of this section, shall constitute a trust fund to be used\nexclusively for a future communal sewerage system which shall be owned\nand operated by a county sewer district, which district shall include\nthe subject plat within its bounds. Such moneys and accrued interest,\nif any, when paid to such district, shall be credited over a period of\ntime determined by the district, pro rata, against the sewer assessment\nof each tax parcel of the subject plat as may exist at the time of the\npayment of such moneys and accrued interest to such district.\n The useable value of any sewage collection system built under\nparagraph (b), (c) or (d) of this subdivision shall be credited over a\nperiod of time determined by the district, pro rata, against the sewer\nassessment of each tax parcel of the plat as may exist at the time such\nsystem is incorporated into a county sewer district which shall include\nthe subject plat within its bounds.\n