N.Y. GCT Law § 33 — New York Code / Act GCT / Article 3 / Section 33
Subdivision review; approval of plats; additional requisites
Status: in_force

§ 33. Subdivision review; approval of plats; additional requisites. 1.\nPurpose. 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 or city comprehensive plan, such streets and highways shall\nbe coordinated so as to compose a convenient system conforming to the\nofficial map and properly related to the proposals shown in the\ncomprehensive plan of the city;\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 and other public places shown on such plats be\nsuitably graded and paved; street signs, sidewalks, street lighting\nstandards, curbs, gutters, street trees, water mains, fire alarm signal\ndevices (including necessary ducts and cables or other connecting\nfacilities), sanitary sewers and storm drains be installed all in\naccordance with standards, specifications and procedures acceptable to\nthe appropriate city departments except as hereinafter provided, or\nalternatively that a performance bond or other security be furnished to\nthe city as hereinafter provided.\n  3. Compliance with zoning regulations. Where a zoning ordinance or\nlocal law has been adopted by the city, the plots shown on said plat\nshall at least comply with the requirements thereof subject, however, to\nthe provisions of section thirty-seven 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 city. Such\nfindings shall include an evaluation of the present and anticipated\nfuture needs for park and recreational facilities in the city based on\nprojected 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\nlegislative body of the city. In making such determination of\nsuitability, the board shall assess the size and suitability of land\nshown on the subdivision plat which could be possible locations for park\nor recreational facilities, as well as practical factors including\nwhether there is a need for additional facilities in the immediate\nneighborhood. Any money required by the planning board in lieu of land\nfor park, playground or other recreational purposes, pursuant to the\nprovisions of this section, shall be deposited into a trust fund to be\nused by the city exclusively for park, playground or other recreational\npurposes, including 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 or ordinance, application may be made\nto the zoning board of appeals for an area variance pursuant to section\neighty-one-b of this chapter, 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. 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 city\ndepartment designated by the planning board to make such estimate, where\nsuch departmental estimate is deemed acceptable by the planning board,\nshall be furnished to the city 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 thirty-two of this article,\napproval of the plat may be granted upon the installation of the\nrequired improvements in the section of the plat filed in the office of\nthe county 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 city, approved by the legislative\nbody of the city and also approved by the city 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 city, such security shall be held in a city account at a bank or\ntrust 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 legislative body of the city, 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 legislative body of the city\nmay thereupon declare the said performance bond or security agreement to\nbe in default and collect the sum remaining payable thereunder; and upon\nthe receipt of the proceeds thereof, the city 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