2023 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.