Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 277
Subdivision review; approval of plats; additional requisites
Town (TWN) CHAPTER 62, ARTICLE 16
§ 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.