NY Gen City L § 33 (2021)
2021 New York Laws GCT - General City Article 3 - Enacted Without a Hdg 33 - Subdivision Review; Approval of Plats; Additional Requisites.

§ 33. 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 or city comprehensive plan, 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 city;  (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 and  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 city departments  except  as  hereinafter  provided,  or alternatively  that a performance bond or other security be furnished to the city as hereinafter provided.   3. Compliance with zoning regulations. Where  a  zoning  ordinance  or local  law  has  been  adopted by the city, the plots shown on said plat shall at least comply with the requirements thereof subject, however, to the provisions of section thirty-seven 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  city.  Such findings  shall  include  an  evaluation  of the present and anticipated future needs for park and recreational facilities in the city  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 legislative  body  of  the  city.  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  money 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 city 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 or ordinance, application may be made to the zoning board of appeals for an area variance pursuant to  section eighty-one-b  of  this  chapter,  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.  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  city 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 city 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  thirty-two  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 city, approved  by  the  legislative body  of  the  city  and  also approved by the city 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 city, such security shall be held in a city 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 legislative body  of  the  city,  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 legislative body of the city 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  city  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.