N.Y. TWN Law § 277 — New York Code / Act TWN / Article 16 / Section 277
Subdivision review; approval of plats; additional requisites
Status: in_force

§ 277. 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, town comprehensive plan or functional/master plans, such\nstreets and highways shall be coordinated so as to compose a convenient\nsystem conforming to the official map and properly related to the\nproposals shown in the comprehensive plan of the town;\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\ntown departments except as hereinafter provided, or alternatively that a\nperformance bond or other security be furnished to the town, as\nhereinafter provided.\n  3. Compliance with zoning regulations. Where a zoning ordinance or\nlocal law has been adopted by the town, the lots shown on said plat\nshall at least comply with the requirements thereof subject, however, to\nthe provisions of section two hundred seventy-eight 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 town. Such\nfindings shall include an evaluation of the present and anticipated\nfuture needs for park and recreational facilities in the town 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 town\nboard. In making such determination of suitability, the board shall\nassess the size and suitability of lands shown on the subdivision plat\nwhich could be possible locations for park or recreational facilities,\nas well as practical factors including whether there is a need for\nadditional facilities in the immediate neighborhood. Any monies required\nby the planning board in lieu of land for park, playground or other\nrecreational purposes, pursuant to the provisions of this section, shall\nbe deposited into a trust fund to be used by the town exclusively for\npark, playground or other recreational purposes, including the\nacquisition 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 regulations, application may be made to the\nzoning board of appeals for an area variance pursuant to section two\nhundred sixty-seven-b of this article, without the necessity of a\ndecision or determination of an administrative official charged with the\nenforcement of the zoning regulations. In reviewing such application the\nzoning board of appeals shall request the planning board to provide a\nwritten recommendation 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 board of supervisors or legislative body of the county if the\ninstallation is to be made in an area 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 (b) the town board\nin any other case unless the installation is to be made in a fire\ndistrict in a town in which no central fire alarm system has been\nestablished pursuant to subdivision eleven-c of section sixty-four of\nthis chapter, in which case only the approval of the board of fire\ncommissioners of such fire district shall be necessary. Required\ninstallations of fire alarm signal devices including necessary\nconnecting facilities shall be made in accordance with standards,\nspecifications and procedures acceptable to the appropriate 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 town\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 town 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 ten of section two hundred seventy-six of this\narticle, approval of the plat may be granted upon the installation of\nthe required improvements in the section of the plat filed in the office\nof the county clerk or register or the furnishing of security covering\nthe costs of such improvements. The owner shall not be permitted to\nbegin construction of buildings in any other section until such section\nhas been 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 town, approved by the town board and\nalso approved by the town attorney as to form, sufficiency and manner of\nexecution, and shall be limited to: (i) a performance bond issued by a\nbonding or surety company; (ii) the deposit of funds in or a certificate\nof deposit issued by a bank or trust company located and authorized to\ndo business in this state; (iii) an irrevocable letter of credit from a\nbank located and authorized to do business in this state; (iv)\nobligations of the United States of America; or (v) any obligations\nfully guaranteed as to interest and principal by the United States of\nAmerica, having a market value at least equal to the full cost of such\nimprovements. If not delivered to the town, such security shall be held\nin a town account at a bank or 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 town board, the planning board may\nmodify its requirements for any or all such improvements, and the amount\nof such security shall thereupon be reduced by an appropriate amount so\nthat the new amount will cover the cost in full of the amended list of\nimprovements 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 town board may thereupon\ndeclare the said performance bond or security agreement to be in default\nand collect the sum remaining payable thereunder; and upon the receipt\nof the proceeds thereof, the town shall install such improvements as are\ncovered by such security and as commensurate with the extent of building\ndevelopment that has taken place in the subdivision but not exceeding in\ncost the amount of such proceeds.\n  10. Provision of improvements by town. (a) Adoption of resolution.\nNotwithstanding the foregoing provisions of this section, with respect\nto plats approved by the planning board, the town board may adopt a\nresolution that sidewalks and/or water mains and/or sanitary sewers\nand/or storm drains required by the planning board pursuant to this\nsection be constructed or installed at the expense of the town as\nauthorized by articles three-A and twelve-C of this chapter or at the\nexpense of an existing improvement district in which the plat is\nlocated. Such improvements may also be acquired without consideration by\nthe town board on behalf of the town or an improvement district as\nauthorized by article three-A, twelve, twelve-A or twelve-C of this\nchapter.\n  (b) Establishment of improvement district. If an improvement district\nhas not been created for the area in which the plat is located, the town\nboard may establish or extend an improvement district as provided in\nthis chapter or in any applicable special law for the purpose of\nconstructing or installing or acquiring without consideration such\nimprovements shown on the map of any plat as the town board may\ndetermine.\n  (i) Execution of contracts. The town board resolution shall require\nthat the owner or owners of real property execute such contracts with\nthe town as the town board may deem necessary for the purpose of\nensuring that the expense of such construction or installation,\nincluding the cost of issuing obligations to raise moneys to pay the\nexpense thereof and interest on such obligations, shall not be an undue\nburden upon the property deemed benefitted by the agreements or of such\nimprovement district or extension thereof as the case may be and may\nrequire a security agreement, including the filing of a surety bond,\nletter of credit or the deposit of cash or securities reasonably\nacceptable to the town board as to assure the performance of such\ncontracts.\n  (ii) Any such surety agreement shall be executed in accordance with\nthis subdivision, and may contain such other provisions as the town\nboard may reasonably determine to be necessary to ensure the performance\nof such contracts.\n  11. Suffolk county; disposal of sewage from plats. (a) In the county\nof Suffolk, when the health department shall have directed that disposal\nof sewage from the plat shall be provided for by a communal sewerage\nsystem, consisting of a treatment plant and collection system, then the\nSuffolk county sewer agency shall determine, specify and direct the\nmeans and method by which the aforesaid system shall be best provided by\nand at the expense of the developer. Among the alternative means and\nmethods the Suffolk county sewer agency may direct, shall be: (i) that\nthe developer, 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, (ii)\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 (iii) the developer shall install, build and\nconstruct temporary cesspools or septic tanks and, in addition thereto,\nshall pay to the Suffolk county sewer agency a sum of money in an amount\nto be determined by the Suffolk county sewer agency and the developer\nshall also petition to form a county district, or (iv) the developer\nshall provide such other means and methods or combination thereof as the\nSuffolk county sewer agency may determine, specify and direct.\n  (b) 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, if\nany, when paid to such district, shall be credited over a period of time\ndetermined by the district, pro rata, against the sewer assessment of\neach tax parcel of the subject plat as may exist at the time of the\npayment of such moneys and accrued interest to such district. Provided,\nhowever, that if so directed by local law enacted by the Suffolk county\nlegislature with approval of the county executive:\n  (i) the Suffolk county sewer agency may refund all moneys on deposit\nin said trust fund pursuant to agreements entered into before July\nfirst, nineteen hundred seventy-eight under the authority of\nsubparagraphs (ii) and (iii) of paragraph (a) of this subdivision, and\nall accumulated interest, if any, earned thereon, to the owner as of\nJuly first, nineteen hundred eighty-eight of the subject plat from which\nmoneys deposited into said trust fund were collected, or a predecessor\nin title if said predecessor establishes a superior right to the moneys\nand accumulated interest; and\n  (ii) the Suffolk county sewer agency may cease to accept money for\ndeposit into the trust fund if said money is due and owning because of\nagreements entered into before July first, nineteen hundred\nseventy-eight under the authority of subparagraphs (ii) and (iii) of\nparagraph (a) of this subdivision.\n  (c) The useable value of any communal sewage collection system built\nunder subparagraph (i), (ii) or (iv) of paragraph (a) of this\nsubdivision shall be credited over a period of time determined by the\ndistrict, pro rata, against the sewer assessment of each tax parcel of\nthe plat as may exist at the time such system is incorporated into a\ncounty sewer district which shall include the subject plat within its\nbounds.\n  (d) While planning for and pending the formation or extension of a\ndistrict contemplated hereunder which will incorporate a plat that has\nor is to have a dry lateral sewer collection system installed therein,\nthe county legislature may contract in those instances where it feels an\nemergency exists, and the public health and welfare are in urgent need\nand will be best served, with any department, agency, subdivision, or\npolitical instrumentality of the state, county, town, or village, or an\nimprovement district or a private entity having a treatment plant, to\nfurnish sewerage disposal service to such plat on such terms and\nconditions and for such consideration as the Suffolk county sewer agency\nmay recommend and the county legislature approves. The county\nlegislature may finance, in whole or in part, pursuant to the local\nfinance law, any expenditure made pursuant to this section. Upon the\nerection of the contemplated district, it shall reimburse the county for\nany funds the county may have expended to provide such interim disposal\nservice to the plat.\n