NY Vill L § 7-730 (2021)
2021 New York Laws VIL - Village Article 7 - Building Zones 7-730 - Subdivision Review; Approval of Plats; Additional Requisites.

§  7-730 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, village 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 village;  (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 village departments except as  hereinafter  provided,  or  alternatively that  a  performance bond or other security be furnished to the village, as hereinafter provided.   3. Compliance with zoning regulations. Where  a  zoning  ordinance  or local  law  has been adopted by the village, the lots shown on said plat shall at least comply with the requirements thereof subject, however, to the provisions of section 7-738 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  village.  Such findings  shall  include  an  evaluation  of the present and anticipated future needs for park and recreational facilities in the  village  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 village board of trustees. In making  such  determination  of  suitability,  the board  shall  assess  the  size  and  suitability  of  land 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  moneys  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 village 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 local law regulations, application may be made to the  zoning  board  of  appeals for an area variance pursuant to section 7-712-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  town  board if the village is included in a central fire alarm system  established  pursuant  to  subdivision   eleven-c   of   section sixty-four  of the town law, (b) the board of supervisors or legislative body of the county if the village is 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 (c) the  board  of fire  commissioners  of  the  village  in  any  other  case  unless  the installation is to be made in a fire district  within  the  village,  in which event only the approval of the board of fire commissioners of such fire  district  shall  be  necessary.  The  planning board may, with the approval  of  the  appropriate  board,  completely  waive  any  or   all requirements  in  connection  with the installation of fire alarm signal devices including necessary connecting facilities. When  required,  such installation shall be made in accordance with standards, specifications, and procedures acceptable to such 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 village  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 village 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 seven of section 7-728 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 village, approved by the village board of trustees and also approved by the village 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  village, such security shall be held in a village 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  village  board of trustees, 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 village board of  trustees  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 village 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. Suffolk county sewer districts. If in the county  of  Suffolk  the plat  is  not  entirely  situate  within a county, town or village sewer district and the county  department  of  environmental  control  or  the county  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: (a) 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,  (b) 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 (c) 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  (d)  the  developer  shall provide  such  other  means  and  methods  or combination thereof as the Suffolk county sewer agency may determine, specify and direct.   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.   The  useable  value  of  any  sewage  collection  system  built  under paragraph  (b),  (c) or (d) 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.