NY Town L § 276 (2021)
2021 New York Laws TWN - Town Article 16 - Zoning and Planning 276 - Subdivision Review; Approval of Plats; Development of Filed Plats.

§  276.  Subdivision  review;  approval of plats; development of filed plats. 1. Purpose. For the purpose of providing for  the  future  growth and  development  of  the town and affording adequate facilities for the housing, transportation,  distribution,  comfort,  convenience,  safety, health and welfare of its population, the town board may, by resolution, authorize  and  empower  the  planning  board to approve preliminary and final plats of subdivisions showing  lots,  blocks  or  sites,  with  or without  streets  or  highways, within that part of the town outside the limits of any incorporated village.   2. Authorization for review of previously filed plats.  For  the  same purposes  and  under  the  same  conditions,  the  town  board  may,  by resolution, authorize and empower the  planning  board  to  approve  the development  of  plats,  entirely  or  partially undeveloped, which were filed in the office of the clerk of the county in  which  such  plat  is located prior to the appointment of such planning board and grant to the board the power to approve such plats. The term "undeveloped" shall mean those plats where twenty percent or more of the lots within the plat are unimproved  unless  existing  conditions,  such  as  poor drainage, have prevented their development.   3. Filing of certificate. The clerk of every town which has authorized its  planning  board  to  approve  plats  as  set  forth  herein   shall immediately  file  a certificate of that fact with the clerk or register of the county in which such town is located.   4. Definitions. When used in this article the  following  terms  shall have  the  respective meanings set forth herein except where the context shows otherwise:  (a) "Subdivision" means the division of any  parcel  of  land  into  a number  of lots, blocks or sites as specified in a local ordinance, law, rule or regulation, with or without streets or highways, for the purpose of sale, transfer of ownership, or development. The  term  "subdivision" may  include  any  alteration  of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the office of the county clerk or register of the county in which such  plat  is  located. Subdivisions  may  be  defined  and  delineated  by local regulation, as either "major" or "minor", with the review procedures and  criteria  for each set forth in such local regulations.  (b) "Preliminary plat" means a drawing prepared in a manner prescribed by  local  regulation  showing  the  layout  of  a  proposed subdivision including, but not restricted to, road and lot  layout  and  approximate dimensions,  key  plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as local regulation may require.  (c) "Preliminary plat approval" means the approval of the layout of  a proposed  subdivision  as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the provisions of this section.  (d) "Final plat" means a drawing prepared in a  manner  prescribed  by local  regulation, that shows a proposed subdivision, containing in such additional  detail  as  shall  be  provided  by  local  regulation   all information  required  to  be  shown  on  a  preliminary  plat  and  the modifications, if any, required by the planning board  at  the  time  of approval  of  the  preliminary plat if such preliminary plat has been so approved.  (e) "Conditional approval  of  a  final  plat"  means  approval  by  a planning  board  of  a final plat subject to conditions set forth by the planning board in a resolution conditionally approving such  plat.  Such conditional  approval  does  not  qualify a final plat for recording nor authorize issuance of any building permits prior to the signing  of  the  plat by a duly authorized officer of the planning board and recording of the  plat  in  the  office  of  the  county  clerk or register as herein provided.  (f) "Final plat approval" means the signing of a plat in final form by a  duly  authorized  officer  of a planning board pursuant to a planning board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat  are completed.  Such  final approval qualifies the plat for recording in the office of the county clerk or register in the county in which such  plat is located.   5. Approval of preliminary plats. (a) Submission of preliminary plats. All plats shall be submitted to the planning board for approval in final form   provided,  however,  that  where  the  planning  board  has  been authorized to approve preliminary plats, the owner  may  submit  or  the planning  board may require that the owner submit a preliminary plat for consideration.  Such  a  preliminary  plat  shall  be   clearly   marked "preliminary  plat" and shall conform to the definition provided in this section.  (b) Coordination with the state environmental quality review act.  The planning   board   shall   comply  with  the  provisions  of  the  state environmental  quality  review  act   under   article   eight   of   the environmental conservation law and its implementing regulations.  (c)  Receipt  of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has  been  filed or  until  a  notice  of  completion  of  the draft environmental impact statement has been filed in accordance with the provisions of the  state environmental  quality  review  act.  The  time  periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.  (d) Planning board  as  lead  agency  under  the  state  environmental quality review act; public hearing; notice; decision.  (i)  Public  hearing  on  preliminary plats. The time within which the planning board shall hold a public hearing on the preliminary plat shall be coordinated  with  any  hearings  the  planning  board  may  schedule pursuant to the state environmental quality review act, as follows:  (1)  If such board determines that the preparation of an environmental impact statement on the preliminary plat is  not  required,  the  public hearing  on  such  plat  shall  be  held within sixty-two days after the receipt of a complete preliminary plat by  the  clerk  of  the  planning board; or  (2) If such board determines that an environmental impact statement is required,  and  a  public  hearing  on  the  draft  environmental impact statement is held, the public hearing on the preliminary  plat  and  the draft  environmental  impact  statement  shall  be  held  jointly within sixty-two days after the filing of the  notice  of  completion  of  such draft  environmental  impact statement in accordance with the provisions of the state environmental quality review act. If no public  hearing  is held  on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within sixty-two days of  filing  the notice of completion.  (ii)  Public  hearing;  notice, length. The hearing on the preliminary plat shall be advertised  at  least  once  in  a  newspaper  of  general circulation  in  the  town  at least five days before such hearing if no hearing is held on the draft environmental impact statement, or fourteen days before a hearing held jointly therewith.  The  planning  board  may provide  that  the  hearing  be  further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of  the planning board within one hundred twenty  days  after  it  has  been opened.  (iii)  Decision.  The  planning  board  shall approve, with or without modification, or disapprove such preliminary plat as follows:  (1) If the planning  board  determines  that  the  preparation  of  an environmental  impact  statement on the preliminary plat is not required such board shall make its decision within sixty-two days after the close of the public hearing; or  (2) If the planning board  determines  that  an  environmental  impact statement  is  required,  and  a  public  hearing  is  held on the draft environmental impact statement, the final environmental impact statement shall be filed within forty-five days following the close of such public hearing in accordance with the provisions  of  the  state  environmental quality  review  act.  If  no  public  hearing  is  held  on  the  draft environmental impact statement, the final environmental impact statement shall be filed within forty-five days following the close of the  public hearing  on  the  preliminary  plat. Within thirty days of the filing of such final environmental impact  statement,  the  planning  board  shall issue  findings on the final environmental impact statement and make its decision on the preliminary plat.  (iv) Grounds for decision. The grounds for a modification, if any,  or the  grounds  for  disapproval  shall  be stated upon the records of the planning board. When so approving a preliminary plat, the planning board shall  state  in  writing  any  modifications  it  deems  necessary  for submission of the plat in final form.  (e)  Planning  board  not as lead agency under the state environmental quality review act; public hearing; notice; decision.  (i) Public hearing on preliminary plats.  The  planning  board  shall, with  the  agreement  of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's  hearing  on  the  draft environmental  impact  statement. Failing such agreement or if no public hearing is  held  on  the  draft  environmental  impact  statement,  the planning  board  shall  hold  the public hearing on the preliminary plat within sixty-two days after the receipt of a complete  preliminary  plat by the clerk of the planning board.  (ii)  Public  hearing;  notice, length. The hearing on the preliminary plat shall be advertised  at  least  once  in  a  newspaper  of  general circulation  in  the town at least five days before such hearing if held independently  of  the  hearing  on  the  draft   environmental   impact statement, or fourteen days before a hearing held jointly therewith. The planning  board  may  provide  that the hearing be further advertised in such manner as it deems most appropriate for full  public  consideration of  such  preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the planning board within one hundred twenty  days after it has been opened.  (iii) Decision. The planning board shall by resolution approve with or without modification or disapprove the preliminary plat as follows:  (1)  If  the  preparation  of an environmental impact statement on the preliminary plat is not required, the  planning  board  shall  make  its decision  within sixty-two days after the close of the public hearing on the preliminary plat.  (2) If an environmental impact statement  is  required,  the  planning board  shall  make  its own findings and its decision on the preliminary plat within sixty-two days after the close of the public hearing on such preliminary plat or within thirty days of the adoption  of  findings  by the lead agency, whichever period is longer.  (iv)  Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated  upon  the  records  of  the  planning board. When so approving a preliminary plat, the planning board shall  state  in  writing  any  modifications  it  deems  necessary  for submission of the plat in final form.  (f) Certification and filing of preliminary plat. Within five business days  of  the  adoption  of  the  resolution  granting  approval of such preliminary plat, such plat shall be  certified  by  the  clerk  of  the planning board as having been granted preliminary approval and a copy of the plat and resolution shall be filed in such clerk's office. A copy of the resolution shall be mailed to the owner.  (g)  Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision  of the board on the preliminary plat, the chairman or other duly authorized member of the planning board shall cause a copy of such resolution to be filed in the office of the town clerk.  (h)  Revocation  of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the  plat  in final  form.  If  the  final  plat  is  not submitted within six months, approval of the preliminary plat may be revoked by the planning board.   6. Approval of final plats. (a) Submission of final plats. Final plats shall conform to the definition provided by this section.  (b) Final plats which  are  in  substantial  agreement  with  approved preliminary  plats.  When  a  final plat is submitted which the planning board deems to be in  substantial  agreement  with  a  preliminary  plat approved   pursuant  to  this  section,  the  planning  board  shall  by resolution  conditionally  approve   with   or   without   modification, disapprove,  or  grant  final approval and authorize the signing of such plat, within sixty-two days of its receipt by the clerk of the  planning board.  (c)  Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required  to be  submitted,  a  final  plat  shall not be considered complete until a negative declaration has been filed or until a notice of  completion  of the  draft  environmental  impact statement has been filed in accordance with the provisions of the state environmental quality review  act.  The time  periods  for  review  of such plat shall begin upon filing of such negative declaration or such notice of completion.  (d)  Final  plats;  not  in  substantial   agreement   with   approved preliminary  plats,  or  when  no  preliminary  plat  is  required to be submitted. When a final plat is submitted which the planning board deems not to be in substantial agreement  with  a  preliminary  plat  approved pursuant  to this section, or when no preliminary plat is required to be submitted and a final plat clearly  marked  "final  plat"  is  submitted conforming  to  the  definition  provided  by this section the following shall apply:  (i) Planning board as lead agency; public hearing; notice; decision.  (1) Public hearing on final plats. The time within which the  planning board  shall  hold  a  public  hearing  on  such  final  plat  shall  be coordinated with any hearings the planning board may  schedule  pursuant to the state environmental quality review act, as follows:  (a)  if such board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat, or  on  a  final  plat when  no  preliminary  plat  is  required to be submitted, shall be held within sixty-two days after the receipt of a complete final plat by  the clerk of the planning board; or  (b) if such board determines that an environmental impact statement is required,  and  a  public  hearing  on  the  draft  environmental impact statement is held, the public hearing on the final plat  and  the  draft  environmental  impact  statement  shall be held jointly within sixty-two days after the  filing  of  the  notice  of  completion  of  such  draft environmental  impact statement in accordance with the provisions of the state  environmental quality review act. If no public hearing is held on the draft environmental impact statement,  the  public  hearing  on  the final  plat  shall be held within sixty-two days following filing of the notice of completion.  (2) Public hearing; notice, length. The  hearing  on  the  final  plat shall  be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing if no hearing is held on the draft environmental impact statement, or fourteen days  before  a hearing  held jointly therewith. The planning board may provide that the hearing  be  further  advertised  in  such  manner  as  it  deems   most appropriate  for  full  public  consideration  of  such  final plat. The hearing on the final plat shall be closed upon motion  of  the  planning board within one hundred twenty days after it has been opened.  (3)  Decision. The planning board shall make its decision on the final plat as follows:  (a) if such board determines that the preparation of an  environmental impact  statement  on the final plat is not required, the planning board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the  signing  of  such plat, within sixty-two days after the date of the public hearing; or  (b) if such board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement,  the  final  environmental  impact  statement  shall be filed within forty-five days following the close of  such  public  hearing  in accordance with the provisions of the state environmental quality review act.  If  no  public  hearing  is held on the draft environmental impact statement, the final  environmental  impact  statement  shall  be  filed within  forty-five days following the close of the public hearing on the final plat. Within thirty days of the filing of the final  environmental impact  statement, the planning board shall issue findings on such final environmental impact statement and  shall  by  resolution  conditionally approve,  with  or  without  modification,  disapprove,  or  grant final approval and authorize the signing of such plat.  (4) Grounds for decision. The grounds for a modification, if  any,  or the  grounds  for  disapproval  shall  be stated upon the records of the planning board.  (ii) Planning board  not  as  lead  agency;  public  hearing;  notice; decision.  (1)  Public  hearing.  The planning board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly  with the  lead  agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing  is  held  on  the  draft environmental impact statement, the planning board shall hold the public hearing  on  the final plat within sixty-two days after the receipt of a complete final plat by the clerk of the planning board.  (2) Public hearing; notice, length. The  hearing  on  the  final  plat shall  be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement, or  fourteen days  before  a  hearing  held jointly therewith. The planning board may provide that the hearing be further advertised  in  such  manner  as  it deems most appropriate for full public consideration of such final plat. The  hearing  on  the  final  plat  shall  be  closed upon motion of the planning board within one hundred twenty days after it has been opened.  (3) Decision. The planning board  shall  by  resolution  conditionally approve,  with  or  without  modification,  disapprove,  or  grant final approval and authorize the signing of such plat as follows:  (a)  If  the  preparation  of an environmental impact statement on the final plat is not required, the planning board shall make  its  decision within sixty-two days after the close of the public hearing on the final plat.  (b)  If  an  environmental  impact statement is required, the planning board shall make its own findings and its decision  on  the  final  plat within  sixty-two  days  after  the  close of the public hearing on such final plat or within thirty days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a  modification,  if any,  or the grounds for disapproval shall be stated upon the records of the planning board.   7. Approval and certification of final  plats.  (a)  Certification  of plat.    Within  five  business  days  of the adoption of the resolution granting conditional or final approval of  the  final  plat,  such  plat shall  be  certified  by  the clerk of the planning board as having been granted conditional or final approval and a copy of such resolution  and plat  shall  be  filed  in such clerk's office. A copy of the resolution shall be mailed to the owner. In the case of  a  conditionally  approved plat,  such  resolution  shall  include  a statement of the requirements which when completed will authorize the signing thereof. Upon completion of such requirements the plat shall be signed by  said  duly  authorized officer  of  the  planning board and a copy of such signed plat shall be filed in the office of the clerk of the planning board or filed with the town clerk as determined by the town board.  (b) Approval of plat in sections. In  granting  conditional  or  final approval of a plat in final form, the planning board may permit the plat to  be  subdivided  and developed in two or more sections and may in its resolution granting  conditional  or  final  approval  state  that  such requirements  as it deems necessary to insure the orderly development of the plat be completed before said sections may be  signed  by  the  duly authorized  officer of the planning board. Conditional or final approval of the sections of  a  final  plat  may  be  granted  concurrently  with conditional  or  final  approval  of  the  entire  plat,  subject to any requirements imposed by the planning board.  (c) Duration  of  conditional  approval  of  final  plat.  Conditional approval  of  the final plat shall expire within one hundred eighty days after the resolution granting  such  approval  unless  all  requirements stated in such resolution have been certified as completed. The planning board  may  extend  for periods of ninety days each, the time in which a conditionally approved plat must be submitted for signature if,  in  the planning  board's opinion, such extension is warranted by the particular circumstances.   8. Default approval of preliminary or final  plat.  The  time  periods prescribed  herein  within  which a planning board must take action on a preliminary plat or a final plat are specifically  intended  to  provide the  planning  board  and  the  public  adequate  time for review and to minimize delays in the  processing  of  subdivision  applications.  Such periods  may  be  extended  only  by mutual consent of the owner and the planning board. In the event a planning board fails to take action on  a preliminary  plat  or  a  final plat within the time prescribed therefor after completion of  all  requirements  under  the  state  environmental quality  review  act,  or  within  such extended period as may have been established by the mutual consent of the owner and the  planning  board, such  preliminary  or  final  plat shall be deemed granted approval. The certificate of the town clerk as  to  the  date  of  submission  of  the  preliminary  or final plat and the failure of the planning board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of  approval herein required.   9.  Filing  of  decision on final plat. Within five business days from the date of the adoption of the resolution stating the decision  of  the board on the final plat, the chairman or other duly authorized member of the  planning board shall cause a copy of such resolution to be filed in the office of the town clerk.   10. Notice to county planning board or  agency  or  regional  planning council.  When  a county planning board or agency or a regional planning council has been authorized to  review  subdivision  plats  pursuant  to section  two  hundred  thirty-nine-n  of  the general municipal law, the clerk of the planning board shall refer all applicable  preliminary  and final plats to such county planning board or agency or regional planning council as provided in that section.   11. Filing of final plat; expiration of approval. The owner shall file in  the  office of the county clerk or register such approved final plat or a section of such plat within sixty-two days from the date  of  final approval  or  such approval shall expire. The following shall constitute final approval: the signature of the  duly  authorized  officer  of  the planning  board  constituting  final approval by the planning board of a plat  as  herein  provided;  or  the  approval  by  such  board  of  the development of a plat or plats already filed in the office of the county clerk  or register of the county in which such plat or plats are located if such plats are entirely or partially undeveloped; or the  certificate of the town clerk as to the date of the submission of the final plat and the  failure of the planning board to take action within the time herein provided. In the event the owner shall  file  only  a  section  of  such approved  plat in the office of the county clerk or register, the entire approved plat shall be filed within thirty days of the  filing  of  such section  with  the  town  clerk in each town in which any portion of the land described in the plat is situated. Such section shall encompass  at least  ten percent of the total number of lots contained in the approved plat and the approval of the remaining sections  of  the  approved  plat shall expire unless said sections are filed before the expiration of the exemption  period to which such plat is entitled under the provisions of subdivision two of section two hundred sixty-five-a of this article.   12. Subdivision abandonment. The owner of an approved subdivision  may abandon  such  subdivision  pursuant  to  the provisions of section five hundred sixty of the real property tax law.