New York State Consolidated Laws
General City
ARTICLE 3
Section 26. Official map, establishment.
27. Planning board, creation and appointment.
27-a. Site plan review.
27-b. Approval of special use permits.
28-a. City comprehensive plan.
29. Official map, changes.
31. Planning board, general reports.
32. Subdivision review; approval of plats; development of filed
plats.
33. Subdivision review; approval of plats; additional requisites.
34. Subdivision review; record of plats.
35. Permits for building in bed of mapped streets.
35-a. Limitation of time for revocation of permit.
36. Municipal improvements in streets; buildings not on mapped
streets.
37. Subdivision review; approval of cluster development.
38. Court review.
38-a. Removal of walls encroaching on streets.
39. Separability clause.
S 26. Official map, establishment. Every city by ordinance, local law
or resolution of the legislative body which has the authority to lay
out, adopt and establish streets, highways and parks may establish an
official map of the city showing the streets, highways and parks there-
tofore laid out, adopted and established by law. Drainage systems may
also be shown on this map. Such map is to be deemed to be final and
conclusive with respect to the location and width of streets, highways,
drainage systems and the location of parks shown thereon. Such official
map is hereby declared to be established to conserve and promote the
public health, safety and general welfare. Said ordinance, local law or
resolution shall make it the duty of some appropriate official or
employee of said city at once to file with the clerk or register of the
county or counties in which said city is situated a certificate showing
that the city has established an official map.
S 27. Planning board, creation and appointment. 1. Authorization.
The legislative body of each city, except a city having a population of
more than one million, is hereby authorized by local law or ordinance to
create a planning board consisting of five or seven members. Members and
the chairperson of such planning board shall be appointed by the mayor
or other duly authorized appointing authority. In the absence of a
chairperson, the planning board may designate a member to serve as
chairperson. In making such appointments, the mayor or other duly
authorized appointing authority may require planning board members to
complete training and continuing education courses in accordance with
any local requirements for the training of such members. Not more than a
minority of the members of such board shall hold any other public office
or position in such city.
2. Appropriation for planning board. The legislative body of each city
is hereby authorized and empowered to make such appropriation as it may
see fit for planning board expenses. The legislative body may, as part
of the local law or ordinance creating such planning board, provide for
the compensation of planning board members. The planning board shall
have the power and authority to employ experts, clerks and a secretary,
and to pay for their services, and to provide for such other expenses as
may be necessary and proper, not exceeding in all the appropriation that
may be made therefor by the city legislative body for such planning
board; excepting and providing that in cities in which the general power
and authority to fix salaries and prescribe positions is placed in some
other board or officer the foregoing power and authority shall be in
such other duly authorized board or officer.
3. Legislative body members ineligible. No person who is a member of
the legislative body of a city to which the provisions of this section
are applicable, shall be eligible for membership on such planning board.
4. Terms of members first appointed. The terms of the members of the
planning board first appointed shall be so fixed that the term of one
member shall expire at the end of the official year in which such
members were initially appointed. The terms of the remaining members
first appointed shall be so fixed that one term shall expire at the end
of each official year thereafter. At the expiration of the term of each
member first appointed, his or her successor shall be appointed for a
term which shall be equal in years to the number of members of the
board.
5. Terms of members now in office. Members now holding office for
terms which do not expire at the end of the official year shall, upon
the expiration of their term, hold office until the end of the official
year and their successors shall then be appointed for terms which shall
be equal in years to the number of members of the planning board.
6. Increasing membership. Any legislative body of a city may, by local
law or ordinance, increase a five member planning board to seven
members. Additional members shall be first appointed for single terms in
order that the terms of members shall expire in each of seven successive
years and their successors shall thereafter be appointed for full terms
of seven years. No such additional member shall take part in the consid-
eration of any matter for which an application was on file with the
planning board at the time of his or her appointment.
7. Decreasing membership. A legislative body of a city which has seven
members on the planning board may by local law or ordinance, decrease
the membership to five, to take effect upon the next two expirations of
terms. However, no incumbent shall be removed from office except upon
the expiration of his or her term, except as hereinafter provided.
8. Vacancy in office. If a vacancy shall occur otherwise than by expi-
ration of term, the mayor, or other duly authorized appointing authori-
ty, shall appoint the new member for the unexpired term.
9. Removal of members. The mayor, or other duly authorized appointing
authority, shall have the power to remove, after public hearing, any
member of the planning board for cause. Any planning board member may be
removed for non-compliance with minimum requirements relating to meeting
attendance and training as established by the city legislative body by
local law or ordinance.
10. Compatibility of offices. The municipal officials or employees on
such board shall not, by reason of membership thereon, forfeit their
right to exercise the powers, perform the duties or receive the compen-
sation of the municipal office or position held by them during such
membership. No municipal officer or employee shall be appointed to the
planning board in the event such officer or employee cannot carry out
the duties of his or her position without a conflict in the performance
of his or her duties as a member of the planning board.
11. Chairperson duties. All meetings of the planning board shall be
held at the call of the chairperson and at such other times as such
board may determine. Such chairperson, or in his or her absence, the
acting chairperson, may administer oaths and compel the attendance of
witnesses.
12. Service on other planning boards. No person shall be disqualified
from serving as a member of the city planning board by reason of serving
as a member of a county planning board.
13. Rules and regulations. The planning board may recommend to the
city legislative body regulations relating to any subject matter over
which the planning board has jurisdiction under this article or any
other statute, or under local law or ordinance of the city. Adoption of
any such recommendations by the city legislative body shall be by local
law or ordinance.
14. Report on referred matters; general reports. a. The legislative
body of the city may by general or special rule provide for the refer-
ence of any matter or class of matters, other than those referred to in
subdivision thirteen of this section, to the planning board before final
action is taken thereon by the legislative body or other office or offi-
cer of said city having final authority over said matter. The legisla-
tive body may further stipulate that final action thereon shall not be
taken until the planning board has submitted its report thereon, or has
had a reasonable time, to be fixed by the legislative body in said rule,
to submit the report.
b. The planning board may review and make recommendations on a
proposed city comprehensive plan or amendment thereto. In addition, the
planning board shall have the full power and authority to make investi-
gations, maps, reports, and recommendations in connection therewith
relating to the planning and development of the city as it deems desira-
ble, providing the total expenditures of said board shall not exceed the
appropriation provided therefor.
15. Planning commission. In any city in which there is a planning
commission created under article twelve-A of the general municipal law,
the legislative body of the city, instead of authorizing the appointment
of a planning board under this article, may provide that the existing
commission shall continue, the members thereof thereafter to be
appointed in accordance with the provisions of such article twelve-A,
and to have the powers and duties as specified for a planning board
appointed under this article, in addition to the powers and duties as
specified in article twelve-A of the general municipal law, provided,
however, that in any such city section two hundred thirty-eight of the
general municipal law shall not be in force.
16. Alternate members. (a) The legislative body of each city except a
city having a population of more than one million may, by local law or
ordinance or as a part of the local law or ordinance creating the plan-
ning board, establish alternate planning board member positions for
purposes of substituting for a member in the event such member is unable
to participate because of a conflict of interest. Alternate members of
the planning board shall be appointed by the mayor or other duly author-
ized appointing authority, for terms established by the legislative body
of the city.
(b) The chairperson of the planning board may designate an alternate
member to substitute for a member when such member is unable to partic-
ipate because of a conflict of interest on an application or matter
before the board. When so designated, the alternate member shall possess
all the powers and responsibilities of such member of the board. Such
designation shall be entered into the minutes of the initial planning
board meeting at which the substitution is made.
(c) All provisions of this section relating to planning board member
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal, compatibility of
office and service on other boards, shall also apply to alternate
members.
S 27-a. Site plan review. 1. Definition of site plan. As used in this
section the term "site plan" shall mean a rendering, drawing, or sketch
prepared to specifications and containing necessary elements, as set
forth in the applicable ordinance or local law, which shows the arrange-
ment, layout and design of the proposed use of a single parcel of land
as shown on said plan. Plats showing lots, blocks or sites which are
subject to review pursuant to authority provided for the review of
subdivisions under section thirty-two of this article shall continue to
be subject to such review and shall not be subject to review as site
plans under this section.
2. Approval of site plans. a. The legislative body of each city may,
as part of a zoning ordinance or local law adopted pursuant to subdivi-
sions twenty-four and twenty-five of section twenty of this chapter or
by local law or ordinance adopted pursuant to other enabling law,
authorize the planning board or such other administrative body that it
shall so designate, to review and approve, approve with modifications or
disapprove site plans, prepared to specifications set forth in the ordi-
nance or local law and/or in regulations of such authorized board. Site
plans shall show the arrangement, layout and design of the proposed use
of the land on said plan. The ordinance or local law shall specify the
land uses that require site plan approval and the elements to be
included on plans submitted for approval. The required site plan
elements which are included in the local law or ordinance may include,
where appropriate, those related to parking, means of access, screening,
signs, landscaping, architectural features, location and dimensions of
buildings, adjacent land uses and physical features meant to protect
adjacent land uses as well as any additional elements specified by the
legislative body in such zoning ordinance or local law.
b. When an authorization to approve site plans is granted by the
legislative body pursuant to this section, the terms thereof may condi-
tion the issuance of a building permit upon such approval.
3. Application for area variance. Notwithstanding any provisions of
law to the contrary, where a proposed site plan contains one or more
features which do not comply with the zoning regulations, application
may be made to the zoning board of appeals for an area variance pursuant
to section eighty-one-b of article five-a of this chapter without the
necessity of a decision or determination of an administration official
charged with the enforcement of the zoning regulations.
4. Conditions attached to the approval of site plans. The authorized
board shall have the authority to impose such reasonable conditions and
restrictions as are directly related to and incidental to a proposed
site plan. Upon its approval of said site plan, any such conditions must
be met in connection with the issuance of permits by applicable enforce-
ment agents or officers of the city.
5. Waiver of requirements. The legislative body may further empower
the authorized board to, when reasonable, waive any requirements for the
approval, approval with modifications or disapproval of site plans
submitted for approval. Any such waiver, which shall be subject to
appropriate conditions set forth in the local law adopted pursuant to
this section, may be exercised in the event any such requirements are
found not to be requisite in the interest of the public health, safety
and general welfare or inappropriate to a particular site plan.
6. Reservation of parkland on site plans containing residential units.
a. Before such authorized board may approve a site plan containing resi-
dential units, such site plan shall also show, when required by such
board, a park or parks suitably located for playground or other recre-
ational purposes.
b. Land for park, playground or other recreational purposes may not be
required until the authorized 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 find-
ings shall include an evaluation of the present and anticipated future
needs for park and recreational facilities in the city based on project-
ed population growth to which the particular site plan will contribute.
c. In the event the authorized board makes a finding pursuant to para-
graph b of this subdivision that the proposed site plan presents a prop-
er 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
site plan, the authorized board may require a sum of money in lieu ther-
eof to be established by the legislative body. In making such determi-
nation of suitability, the board shall assess the size and suitability
of lands shown on the site plan 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 monies required by the authorized 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 recre-
ational purposes, including the acquisition of property.
d. Notwithstanding the foregoing provisions of this subdivision, if
the land included in a site plan under review is a portion of a subdivi-
sion plat which has been reviewed and approved pursuant to section thir-
ty-two of this article, the authorized board shall credit the applicant
for any land set aside or money donated in lieu thereof under such
subdivision plat approval. In the event of resubdivision of such plat,
nothing shall preclude the additional reservation of parkland or money
donated in lieu thereof.
7. Performance bond or other security. As an alternative to the
installation of required infrastructure and improvements, prior to
approval by the authorized board, a performance bond or other security
sufficient to cover the full cost of the same, as estimated by the
authorized board or a city department designated by the authorized board
to make such estimate, where such departmental estimate is deemed
acceptable by the authorized board, shall be furnished to the city by
the owner. Such security shall be provided to the city pursuant to the
provisions of subdivision eight of section thirty-three of this article.
8. Public hearing and decision on site plans. In the event a public
hearing is required by ordinance or local law adopted by the legislative
body, the authorized board shall conduct a public hearing within sixty-
two days from the day an application is received on any matter referred
to it under this section. The authorized board shall mail notice of said
hearing to the applicant at least ten days before said hearing and shall
give public notice of said hearing in a newspaper of general circulation
in the city at least five days prior to the date thereof and shall make
a decision on the application within sixty-two days after such hearing,
or after the day the application is received if no hearing has been
held. The time within which the authorized board must render its deci-
sion may be extended by mutual consent of the applicant and such board.
The decision of the authorized board shall be filed in the office of the
city clerk within five business days after such decision is rendered,
and a copy thereof mailed to the applicant. Nothing herein shall
preclude the holding of a public hearing on any matter on which a public
hearing is not so required.
9. Notice to county planning board or agency or regional planning
council. At least ten days before such hearing, the authorized board
shall mail notices thereof to the county planning board or agency or
regional planning council, as required by section two hundred thirty-
nine-m of the general municipal law, which notice shall be accompanied
by a full statement of such proposed action, as defined in subdivision
one of section two hundred thirty-nine-m of the general municipal law.
In the event a public hearing is not required, such proposed action
shall be referred before final action is taken thereon.
10. Compliance with state environmental quality review act. The
authorized board shall comply with the provisions of the state environ-
mental quality review act under article eight of the environmental
conservation law and its implementing regulations.
11. Court review. Any person aggrieved by a decision of the authorized
board or any officer, department, board or bureau of the city may apply
to the supreme court for review by a proceeding under article seventy-
eight of the civil practice law and rules. Such proceedings shall be
instituted within thirty days after the filing of a decision by such
board in the office of the city clerk. The court may take evidence or
appoint a referee to take such evidence as it may direct, and report the
same, with findings of fact and conclusions of law, if it shall appear
that testimony is necessary for the proper disposition of the matter.
The court shall itself dispose of the matter on the merits, determining
all questions which may be presented for determination.
12. Costs. Costs shall not be allowed against the authorized board
unless it shall appear to the court that it acted with gross negligence,
in bad faith, or with malice in making the decision appealed from.
13. Preference. All issues addressed by the court in any proceeding
under this section shall have preference over all civil actions and
proceedings.
14. Applicability. This section shall not apply to any city having a
population of more than one million.
S 27-b. Approval of special use permits. 1. Definition of special use
permit. As used in this section the term "special use permit" shall mean
an authorization of a particular land use which is permitted in a zoning
ordinance or local law, subject to requirements imposed by such zoning
ordinance or local law to assure that the proposed use is in harmony
with such zoning ordinance or local law and will not adversely affect
the neighborhood if such requirements are met.
2. Approval of special use permits. The legislative body may, as part
of a zoning ordinance or local law, authorize the planning board or such
other administrative body that it shall designate to grant special use
permits as set forth in such zoning ordinance or local law.
3. Application for area variance. Notwithstanding any provision of law
to the contrary, where a proposed special use permit contains one or
more features which do not comply with the zoning regulations, applica-
tion may be made to the zoning board of appeals for an area variance
pursuant to section eighty-one-b of article five-a of this chapter,
without the necessity of a decision or determination of an administra-
tive official charged with the enforcement of the zoning regulations.
4. Conditions attached to the issuance of special use permits. The
authorized board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental to
the proposed special use permit. Upon its granting of said special use
permit, any such conditions must be met in connection with the issuance
of permits by applicable enforcement agents or officers of the city.
5. Waiver of requirements. The legislative body may further empower
the authorized board to, when reasonable, waive any requirements for the
approval, approval with modifications or disapproval of special use
permits submitted for approval. Any such waiver, which shall be subject
to appropriate conditions set forth in the ordinance or local law
adopted pursuant to this section, may be exercised in the event any such
requirements are found not to be requisite in the interest of the public
health, safety and general welfare or inappropriate to a particular
special use permit.
6. Public hearing and decision on special use permits. The authorized
board shall conduct a public hearing within sixty-two days from the day
an application is received on any matter referred to it under this
section. Public notice of said hearing shall be printed in a newspaper
of general circulation in the city at least five days prior to the date
thereof. The authorized board shall decide upon the application within
sixty-two days after the hearing. The time within which the authorized
board must render its decision may be extended by mutual consent of the
applicant and the board. The decision of the authorized board on the
application after the holding of the public hearing shall be filed in
the office of the city clerk within five business days after such deci-
sion is rendered, and a copy thereof mailed to the applicant.
7. Notice to applicant and county planning board or agency and
regional planning council. At least ten days before such hearing, the
authorized board shall mail notices thereof to the applicant and to the
county planning board or agency and regional planning council, as
required by section two hundred thirty-nine-m of the general municipal
law, which notice shall be accompanied by a full statement of, such
proposed action as defined in subdivision two of section two hundred
thirty-nine-m of the general municipal law.
8. Compliance with state environmental quality review act. The
authorized board shall comply with the provisions of the state environ-
mental quality review act under article eight of the environmental
conservation law and its implementing regulations.
9. Court review. Any person aggrieved by a decision of the planning
board or such other designated body or any officer, department, board or
bureau of the city may apply to the supreme court for review by a
proceeding under article seventy-eight of the civil practice law and
rules. Such proceedings shall be instituted within thirty days after
the filing of a decision by such board in the office of the city clerk.
The court may take evidence or appoint a referee to take such evidence
as it may direct, and report the same, with findings of fact and conclu-
sions of law, if it shall appear that testimony is necessary for the
proper disposition of the matter. The court shall itself dispose of the
matter on the merits, determining all questions which may be presented
for determination. 10. Costs. Costs shall not be allowed against the
planning board or other administrative body designated by the legisla-
tive body unless it shall appear to the court that it acted with gross
negligence, in bad faith, or with malice in making the decision appealed
from.
11. Preference. All issues addressed by the court in any proceeding
under this section shall have preference over all civil actions and
proceedings.
12. Applicability. This section shall not apply to any city having a
population of more than one million.
S 28-a. City comprehensive plan. 1. Application. This section shall
not apply in a city having a population of more than one million.
2. Legislative findings and intent. The legislature hereby finds and
determines that:
(a) Significant decisions and actions affecting the immediate and
long-range protection, enhancement, growth and development of the state
and its communities are made by local governments.
(b) Among the most important powers and duties granted by the legisla-
ture to a city government is the authority and responsibility to under-
take city comprehensive planning and to regulate land use for the
purpose of protecting the public health, safety and general welfare of
its citizens.
(c) The development and enactment by the city government of a city
comprehensive plan which can be readily identified, and is available for
use by the public, is in the best interest of the people of each city.
(d) The great diversity of resources and conditions that exist within
and among the cities of the state compels the consideration of such
diversity in the development of each city comprehensive plan.
(e) The participation of citizens in an open, responsible and flexible
planning process is essential to the designing of the optimum city
comprehensive plan.
(f) The city comprehensive plan is a means to promote the health,
safety and general welfare of the people of the city and to give due
consideration to the needs of the people of the region of which the city
is a part.
(g) The comprehensive plan fosters cooperation among governmental
agencies planning and implementing capital projects and municipalities
that may be directly affected thereby.
(h) It is the intent of the legislature to encourage, but not to
require, the preparation and adoption of a comprehensive plan pursuant
to this section. Nothing herein shall be deemed to affect the status or
validity of existing master plans, comprehensive plans, or land use
plans.
3. Definitions. As used in this section, the term: (a) "city compre-
hensive plan" means the materials, written and/or graphic, including but
not limited to maps, charts, studies, resolutions, reports and other
descriptive material that identify the goals, objectives, principles,
guidelines, policies, standards, devices and instruments for the immedi-
ate and long-range protection, enhancement, growth and development of
the city.
(b) "land use regulation" means an ordinance or local law enacted by
the city for the regulation of any aspect of land use and community
resource protection and includes any zoning, subdivision, special use
permit or site plan regulation or any other regulation which prescribes
the appropriate use of property or the scale, location, and intensity of
development.
(c) "special board" means a board consisting of one or more members of
the planning board and such other members as are appointed by the legis-
lative body of the city to prepare a proposed comprehensive plan and/or
an amendment thereto.
4. Content of a city comprehensive plan. The city comprehensive plan
may include the following topics at the level of detail adapted to the
special requirements of the city:
(a) General statements of goals, objectives, principles, policies, and
standards upon which proposals for the immediate and long-range enhance-
ment, growth and development of the city are based.
(b) Consideration of regional needs and the official plans of other
government units and agencies within the region.
(c) The existing and proposed location and intensity of land uses.
(d) Consideration of agricultural uses, historic and cultural
resources, coastal and natural resources and sensitive environmental
areas.
(e) Consideration of population, demographic and socio-economic trends
and future projections.
(f) The location and types of transportation facilities.
(g) Existing and proposed general location of public and private util-
ities and infrastructure.
(h) Existing housing resources and future housing needs, including
affordable housing.
(i) The present and future general location of educational and
cultural facilities, historic sites, health facilities and facilities
for emergency services.
(j) Existing and proposed recreation facilities and parkland.
(k) The present and potential future general location of commercial
and industrial facilities.
(l) Specific policies and strategies for improving the local economy
in coordination with other plan topics.
(m) Proposed measures, programs, devices, and instruments to implement
the goals and objectives of the various topics within the comprehensive
plan.
(n) All or part of the plan of another public agency.
(o) Any and all other items which are consistent with the orderly
growth and development of the city.
5. Preparation. The legislative body of the city, or by resolution of
such body, the planning board or a special board, may prepare a proposed
city comprehensive plan and amendments thereto. In the event the plan-
ning board or special board is directed to prepare a proposed comprehen-
sive plan or amendment thereto, such board shall, by resolution, recom-
mend such proposed plan or amendment to the legislative body of the
city.
6. Referrals. (a) Any proposed comprehensive plan or amendment thereto
that is prepared by the legislative body of the city or a special board
may be referred to the city planning board for review and recommendation
before action by the legislative body of the city.
(b) The legislative body of the city shall, prior to adoption, refer
the proposed comprehensive plan or any amendment thereto to the county
planning board or agency or regional planning council for review and
recommendation as required by section two hundred thirty-nine-m of the
general municipal law. In the event the proposed plan or amendment ther-
eto is prepared by the city planning board or a special board, such
board may request comment on such proposed plan or amendment from the
county planning board or agency or regional planning council.
7. Public hearings; notice. (a) In the event the legislative body of
the city prepares a proposed city comprehensive plan or amendment there-
to, the legislative body of the city shall hold one or more public hear-
ings and such other meetings as it deems necessary to assure full oppor-
tunity for citizen participation in the preparation of such proposed
plan or amendment, and in addition, the legislative body of the city
shall hold one or more public hearings prior to adoption of such
proposed plan or amendment.
(b) In the event the legislative body of the city has directed the
planning board or a special board to prepare a proposed comprehensive
plan or amendment thereto, the board preparing the plan shall hold one
or more public hearings and such other meetings as it deems necessary to
assure full opportunity for citizen participation in the preparation of
such proposed plan or amendment. The legislative body of the city shall,
within ninety days of receiving the planning board or special board`s
recommendations on such proposed plan or amendment, and prior to
adoption of such proposed plan or amendment, hold a public hearing on
such proposed plan or amendment.
(c) Notice of a public hearing shall be published in a newspaper of
general circulation in the city at least ten calendar days in advance of
the hearing. The proposed comprehensive plan or amendment thereto shall
be made available for public review during said period at the office of
the city clerk and may be made available at any other place, including a
public library.
8. Adoption. The legislative body of the city may adopt by resolution
a city comprehensive plan or any amendment thereto.
9. Environmental review. A city comprehensive plan, and any amendment
thereto, is subject to the provisions of the state environmental quality
review act under article eight of the environmental conservation law and
its implementing regulations. A city comprehensive plan may be designed
to also serve as, or be accompanied by, a generic environmental impact
statement pursuant to the state environmental quality review act statute
and regulations. No further compliance with such law is required for
subsequent site specific actions that are in conformance with the condi-
tions and thresholds established for such actions in the generic envi-
ronmental impact statement and its findings.
10. Agricultural review and coordination. A city comprehensive plan
and any amendments thereto, for a city containing all or part of an
agricultural district or lands receiving agricultural assessments within
its jurisdiction, shall continue to be subject to the provisions of
article twenty-five-AA of the agriculture and markets law relating to
the enactment and administration of local laws, ordinances, rules or
regulations. A newly adopted or amended city comprehensive plan shall
take into consideration applicable county agricultural and farmland
protection plans as created under article twenty-five-AAA of the agri-
culture and markets law.
11. Periodic review. The legislative body of the city shall provide,
as a component of such proposed comprehensive plan, the maximum inter-
vals at which the adopted plan shall be reviewed.
12. Effect of adoption of the city comprehensive plan. (a) All city
land use regulations must be in accordance with a comprehensive plan
adopted pursuant to this section.
(b) All plans for capital projects of another governmental agency on
land included in the city comprehensive plan adopted pursuant to this
section shall take such plan into consideration.
13. Filing of city comprehensive plan. The adopted city comprehensive
plan and any amendments thereto shall be filed in the office of the city
clerk and a copy thereof shall be filed in the office of the county
planning agency.
Sec. 29. Official map, changes. Such legislative body is
authorized and empowered, whenever and as often as it may deem it
for the public interest, to change or add to the official map of
the city so as to lay out new streets, highways or parks, or to
widen or close existing streets, highways or parks. Drainage
systems may also be shown on this map. At least five days`
notice of a public hearing on any proposed action with reference
to such change in the official map shall be published at least
once in an official publication of said city or in a newspaper of
general circulation therein. No change in the official map shall
be made for the lay out of a new street or the opening or
widening of any street unless notice shall have been sent by
registered mail, return receipt requested, to the person and
address noted on the last preceding real property tax notice
issued on the property which is to be included in such proposed
layout, opening or widening of such streets. Before making such
addition or change the matter shall be referred to the planning
board for report thereon, but if the planning board shall not
make its report within thirty days of such reference, it shall
forfeit the right further to suspend action. Such additions and
changes when adopted shall become a part of the official map of
the city, and shall be deemed to be final and conclusive with
respect to the location of the streets, highways and parks shown
thereon.
The layout, widening or closing, or the approval of the
layout, widening or closing of streets, highways or parks by the
city under provisions of law other than those contained in this
article shall be deemed to be a change or addition to the
official map, and shall be subject to all the provisions of this
article.
Sec. 31. Planning board, general reports. The planning
board shall have full power and authority to make such
investigations, maps and reports and recommendations in
connection therewith relating to the planning and development of
the city as to it seems desirable providing the total
expenditures of said board shall not exceed the appropriation for
its expenses.
S 32. Subdivision review; approval of plats; development of filed
plats. 1. Purpose. For the purpose of providing for the future growth
and development of the city and affording adequate facilities for the
housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population, the legislative body of the city
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.
2. Authorization for review of previously filed plats. For the same
purposes and under the same conditions, the legislative body of the city
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 city which has authorized
its planning board to approve plats as set forth herein shall immediate-
ly file a certificate of that fact with the clerk or register of the
county in which such city 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 law, rule or regu-
lation, 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 coun-
ty 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 subdivi-
sion including, but not restricted to, road and lot layout and approxi-
mate dimensions, key plan, topography and drainage, all proposed facili-
ties unsized, including preliminary plans and profiles, at suitable
scale and in such detail as local regulation may require. (c) "Prelimi-
nary 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 informa-
tion 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 plan-
ning board of a final plat subject to conditions set forth by the plan-
ning 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 condi-
tions 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 "prelimi-
nary 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 environ-
mental 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 state-
ment has been filed in accordance with the provisions of the state envi-
ronmental quality review act. The time periods for review of a prelimi-
nary plat shall begin upon filing of such negative declaration or such
notice of completion.
(d) Planning board as lead agency under the state environmental quali-
ty 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 pursu-
ant 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 state-
ment 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 environ-
mental 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 prelimi-
nary 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 circu-
lation in the city 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 plan-
ning 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 envi-
ronmental 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 envi-
ronmental 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 environ-
mental impact statement, the final environmental impact statement shall
be filed within forty-five days following the close of the public hear-
ing 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 deci-
sion 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 plan-
ning board shall hold the public hearing on the preliminary plat within
sixty-two days after 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 circu-
lation in the city at least five days before such hearing if held inde-
pendently 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 prelimi-
nary 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 prelim-
inary 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 city 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 resol-
ution 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 prelimi-
nary 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 coordi-
nated 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 state-
ment is held, the public hearing on the final plat and the draft envi-
ronmental 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 environ-
mental 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 city 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 appropri-
ate 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 determined 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 with-
in forty-five days following the close of such public hearing in accord-
ance with the provisions of the state environmental quality review act.
If no public hearing is held on the draft environmental impact state-
ment, 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 envi-
ronmental 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; deci-
sion.
(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 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 city 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 plan-
ning 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 such
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
city clerk as determined by the legislative body of the city.
(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 condi-
tional 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 by not more than two additional 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 mini-
mize 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 prelimi-
nary 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 prelimi-
nary or final plat shall be deemed granted approval. The certificate of
the city 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 city 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 city 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 city clerk in each city 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
section eighty-three-a of this chapter.
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.
S 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.
S 34. Subdivision review; record of plats. 1. Filing of plat with
county clerk or register. (a) No plat of a subdivision of land showing
lots, blocks or sites shall be filed or recorded in the office of the
county clerk or register until it has been approved by a planning board
which has been empowered to approve such plats. Further, such approval
must be endorsed in writing on the plat in such manner as the planning
board may designate.
* (b) Such endorsement shall stipulate that the plat does not conflict
with the county official map, where one exists, or in cases where plats
do front on or have access to or are otherwise related to roads or
drainage systems shown on the county official map, that such plat has
been approved in the manner specified by section two hundred thirty-
nine-k of the general municipal law.
* NB Effective until 98/07/01
* (b) Such endorsement shall stipulate that the plat does not conflict
with the county official map, where one exists, or in cases where plats
do front on or have access to or are otherwise related to roads or
drainage systems shown on the county official map, that such plat has
been approved in the manner specified by subdivision two of section two
hundred thirty-nine-f of the general municipal law.
* NB Effective 98/07/01
2. Notification of filing. It shall be the duty of the county clerk or
register to notify the planning board in writing within three days of
the filing or recording of any plat approved by such planning board,
identifying such plat by its title, date of filing or recording, and
official file number.
3. Effect of filing. After such plat is approved and filed, the
streets, highways and parks shown on such plat shall be and become a
part of the official map or plan of the city.
4. Cession or dedication of streets, highways or parks. (a) All
streets, highways or parks shown on a filed or recorded plat are offered
for dedication to the public unless the owner of the affected land, or
the owner`s agent, makes a notation on the plat to the contrary prior to
final plat approval. Any street, highway or park shown on a filed or
recorded plat shall be deemed to be private until such time as it has
been formally accepted by a resolution of the local legislative body, or
until it has been condemned by the city for use as a public street,
highway or park.
(b) In the event that such approved plat is not filed or recorded
prior to the expiration date of the plat approval as provided in section
thirty-two of this article, then such offer of dedication shall be
deemed to be invalid, void and of no effect on and after such expiration
date.
Sec. 35. Permits for building in bed of mapped streets. For
the purpose of preserving the integrity of such official map or
plan no permit shall hereafter be issued for any building in the
bed of any street or highway shown or laid out on such map or
plan, provided, however, that if the land within such mapped
street or highway is not yielding a fair return on its value to
the owner, the board of appeals or other similar board in any
city which has established such a board having power to make
variances or exception in zoning regulations shall have power in
a specific case by the vote of a majority of its members to grant
a permit for a building in such street or highway which will as
little as practicable increase the cost of opening such street or
highway, or tend to cause a change of such official map or plan,
and such board may impose reasonable requirements as a condition
of granting such permit, which requirements shall inure to the
benefit of the city. Before taking any action authorized in this
section, the board of appeals or similar board shall give a
hearing at which parties in interest and others shall have an
opportunity to be heard. At least fifteen days notice of the
time and place of such hearing shall be published in an official
publication of said city or in a newspaper of general circulation
therein. Any such decision shall be subject to review by
certiorari order issued out of a court of record in the same
manner and pursuant to the same provisions as in appeals from the
decisions of such board upon zoning regulations.
Where a proposed street widening or extension has been shown
on such official map or plan for ten years or more and the city
has not acquired title thereto, the city may, after a hearing on
notice as hereinabove provided, grant a permit for a building
and/or structure in such street or highway and shall impose such
reasonable requirements as are necessary to protect the public
interest as a condition of granting such permit, which
requirements shall inure to the benefit of the city.
Sec. 35-a. Limitation of time for revocation of permit. An
action or proceeding to revoke a building permit on the ground
that the building erected pursuant thereto stands wholly or
partly within the bed of any street or highway shown on the
official map or plan of a city must be commenced within fifteen
years from the time of the issuance of such permit; but if at the
time this act takes effect more than fourteen years have elapsed
since the time of the issuance of the permit, an action or
proceeding to revoke the permit on such ground must be commenced
within one year from the time this act takes effect. If no
action or proceeding is commenced within the time limited, the
permit shall be deemed as valid as if it had been issued pursuant
to the provisions of section thirty-five of this chapter.
S 36. Municipal improvements in streets, buildings not on mapped
streets. 1. A city having a population of less than one million. No
public municipal street utility or improvement shall be constructed by
any city having a population of less than one million in any street or
highway until it has become a public street or highway and is duly
placed on the official map or plan. No permit for the erection of any
building shall be issued unless a street or highway giving access to
such proposed structure has been duly placed on the official map or
plan, which street or highway shall have been suitably improved to the
satisfaction of the planning board in accordance with standards and
specifications approved by the appropriate city departments as adequate
in respect to the public health, safety and general welfare for the
special circumstances of the particular street or highway or alternately
that a performance bond sufficient to cover the full cost of such
improvement as estimated by such board shall be furnished to the city by
the owner. Such performance bond shall be issued by a bonding or surety
company approved by the corporation counsel of the city, or by the owner
with security acceptable to the legislative body, and shall also be
approved by such corporation counsel as to form, sufficiency and manner
of execution. The term, manner of modification and method of enforcement
of such bond shall be determined by the planning board in substantial
conformity with section thirty-three of this article. The applicant for
such a permit may appeal from the decision of the administrative officer
having charge of the issue of permits to the board of appeals or other
similar board, in any city which has established a board having the
power to make variances or exceptions in zoning regulations for: (a) an
exception if the circumstances of the case do not require the structure
to be related to existing or proposed streets or highways and/or (b) an
area variance pursuant to section eighty-one-b of this chapter, and the
same provisions are hereby applied to such appeals and to such board as
are provided in cases of appeals on zoning regulations. The board may
in passing on such appeal make any reasonable exception and issue the
permit subject to conditions that will protect any future street or
highway layout. Any such decision shall be subject to review under the
provisions of article seventy-eight of the civil practice law and rules.
2. A city having a population of one million or more. No public munic-
ipal street utility or improvement shall be constructed by any city
having a population of one million or more in any street or highway
until it has become a public street or highway and is duly placed on the
official map or plan, with the exception that a city may construct
improvements and provide services to any public way (mapped or unmapped)
if the public way has been open and in use to the public for a minimum
of ten years. The existence of the public way must be attested to by
documents satisfactory to the municipality, such as reports of city
agencies providing municipal services. No certificate of occupancy shall
be issued in such city for any building unless a street or highway
giving access to such structure has been duly placed on the official map
or plan, which street or highway, and any other mapped street or highway
abutting such building or structure shall have been suitably improved to
the satisfaction of the department of transportation of the city in
accordance with standards and specifications approved by such department
as adequate in respect to the public health, safety and general welfare
for the special circumstances of the particular street or highway, or,
alternately, unless the owner has furnished to the department of trans-
portation of such city a performance bond naming the city as obligee,
approved by such department, to the full cost of such improvement as
estimated by such department, or other security approved by such depart-
ment, that such improvement will be completed within the time specified
by such department. If such improvement has not been installed within
the time specified by such department, such department may declare such
performance bond or other security to be in default and shall collect,
in the name of the city, the sum remaining payable thereunder. Upon
receipt of the proceeds thereof, the city shall install such improve-
ment. If the cost of such improvement exceeds the sum remaining payable
under such bond or other security, the owner shall be liable for and
shall pay to the city, the amount of such excess. Where the enforcement
of the provisions of this section would entail practical difficulty or
unnecessary hardship, and where the circumstances of the case do not
require the structure to be related to existing or proposed streets or
highways, the applicant for such a certificate of occupancy may appeal
from the decision of the administrative officer having charge of the
issuance of certificates of occupancy to the board of standards and
appeals or other similar board of such city having power to make vari-
ances or exceptions in zoning regulations, and the same provisions are
hereby applied to such appeals and to such board as are provided in
cases of appeals on zoning regulations. The board may in passing on such
appeal make any reasonable exception and issue the certificate of occu-
pancy subject to conditions that will protect any future street or high-
way layout. Any such decision shall be subject to review under the
provisions of article seventy-eight of the civil practice law and rules.
No permit shall be granted for the erection of any building or structure
in such city unless the owner has furnished to the commissioner of
transportation of such city a policy of liability insurance, marked
paid, in such amounts as may be fixed by such department, insuring,
indemnifying and saving the city harmless from any claims, suits,
demands, causes of action and judgments by reason of personal injuries
sustained by any person or persons, including death, and from any
claims, suits, demands, causes of action and judgments for damages to
property, occurring on any such street or highway giving access to or
abutting such structure, up to the date of the issuance of the certif-
icate of occupancy or up to the date of the completion of the improve-
ment of such street or highway as required by or pursuant to this
section, whichever is later. In the event that the owner is covered by
such a policy of liability insurance, the department of transportation
may accept a certificate of endorsement extending such policy to include
and cover the city. Every permit issued for the erection of any such
building or structure shall contain a statement that no certificate of
occupancy will be issued with respect to such building or structure
unless a street or highway giving access to such structure has been duly
placed on the official map or plan, which street or highway and any
other mapped street or highway abutting such building or structure shall
have been suitably improved to the satisfaction of the department of
transportation of the city in accordance with standards and specifica-
tions approved by such department as adequate in respect to the public
health, safety and general welfare for the special circumstances of the
particular street or highway or, alternately, unless the owner has
furnished to the department of transportation a performance bond naming
the city as obligee, approved by such department, sufficient to cover
the full cost of such improvement as estimated by such department, or
other security approved by such department, that such improvement will
be completed within the time specified by such department.
S 37. Subdivision review; approval of cluster development. 1.
Definitions. As used in this section:
(a) "cluster development" shall mean a subdivision plat or plats,
approved pursuant to this article, in which the applicable zoning
ordinance or local law is modified to provide an alternative permitted
method for the layout, configuration and design of lots, buildings and
structures, roads, utility lines and other infrastructure, parks, and
landscaping in order to preserve the natural and scenic qualities of
open lands.
(b) "zoning districts" shall mean districts provided for in
subdivisions twenty-four and twenty-five of section twenty of this
chapter.
2. Authorization; purpose.
(a) The legislative body of the city may, by local law or ordinance,
authorize the planning board to approve a cluster development
simultaneously with the approval of a plat or plats pursuant to the
provisions of this article. Approval of a cluster development shall be
subject to the conditions set forth in this section and in such local
law or ordinance. Such local law or ordinance shall also specify the
zoning districts in which cluster development may be applicable.
(b) The purpose of a cluster development shall be to enable and
encourage flexibility of design and development of land in such a manner
as to preserve the natural and scenic qualities of open lands.
3. Conditions.
(a) This procedure may be followed at the discretion of the planning
board if, in said board`s judgment, its application would benefit the
city. Provided, however, that in granting such authorization to the
planning board, the legislative body of the city may also authorize the
planning board to require the owner to submit an application for cluster
development subject to criteria contained in the local law or ordinance
authorizing cluster development.
(b) A cluster development shall result in a permitted number of
building lots or dwelling units which shall in no case exceed the number
which could be permitted, in the planning board`s judgment, if the land
were subdivided into lots conforming to the minimum lot size and density
requirements of the zoning ordinance or local law applicable to the
district or districts in which such land is situated and conforming to
all other applicable requirements. Provided, however, that where the
plat falls within two or more contiguous districts, the planning board
may approve a cluster development representing the cumulative density as
derived from the summing of all units allowed in all such districts, and
may authorize any actual construction to take place in all or any
portion of one or more of such districts.
(c) The planning board as a condition of plat approval may establish
such conditions on the ownership, use, and maintenance of such open
lands shown on the plat as it deems necessary to assure the preservation
of the natural and scenic qualities of such open lands. The legislative
body of the city may require that such conditions shall be approved by
the legislative body of the city before the plat may be approved for
filing.
(d) The plat showing such cluster development may include areas within
which structures may be located, the height and spacing of buildings,
open spaces and their landscaping, off-street open and enclosed parking
spaces, streets, driveways, and any other features required by the
planning board. In the case of a residential plat or plats, the dwelling
units permitted may be, at the discretion of the planning board, in
detached, semi-detached, attached, or multi-story structures.
4. Notice and public hearing. The proposed cluster development shall
be subject to review at a public hearing or hearings held pursuant to
section thirty-two of this article for the approval of plats.
5. Filing of plat. On the filing of the plat in the office of the
county clerk or register, a copy shall be filed with the city clerk, who
shall make appropriate notations and references thereto on the city
zoning map.
6. Effect. The provisions of this section shall not be deemed to
authorize a change in the permissible use of such lands as provided in
the zoning ordinance or local law applicable to such lands.
S 38. Court review. Any person or persons, jointly or severally
aggrieved by any decision of the planning board concerning such plat or
the changing of the zoning regulations of such land, or any officer,
department, board or bureau of the city, may obtain a review in the
manner provided by the civil practice law and rules provided the
proceeding is commenced within thirty days after the filing of the
decision in the office of the board.
Commencement of the proceeding shall stay proceedings upon the
decision appealed from.
The court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review.
Costs shall not be allowed against the planning board, unless it
shall appear to the court that it acted with gross negligence or in bad
faith or with malice in making the decision appealed from.
All issues in any proceeding under this section shall have preference
over all other civil actions and proceedings.
Sec. 38-a. Removal of walls encroaching on streets. 1. If
the front or other exterior wall of any building erected on or
before the first day of January, nineteen hundred sixty, in any
city encroaches not more than six inches upon any street or
highway, no action or proceeding to compel the removal of such
wall shall be instituted or maintained by or on behalf of the
city, or by or on behalf of any person claiming an easement in or
title to the portion of the street or highway on which such wall
encroaches, unless such action or proceeding be commenced within
the period of one year from the time this act takes effect, and
unless within such period a notice of the pendency of such action
or proceeding, describing the property on which said building
stands and indexed against the owner thereof, be filed in the
office of the clerk of the county in which the property lies.
2. If the front or other exterior wall of any building
erected after the first day of January, nineteen hundred sixty,
in any city encroaches not more than six inches upon any street
or highway, no action or proceeding to compel the removal of such
wall shall be instituted or maintained by or on behalf of the
city, or by or on behalf of any person claiming an easement in or
title to the portion of the street or highway on which such wall
encroaches, unless such action or proceeding be commenced within
the period of one year from the time of the serving of a notice
as hereinafter provided, and unless within such period a notice
of the pendency of such action or proceeding, describing the
property on which said building stands and indexed against the
owner thereof, be filed in the office of the clerk of the county
in which the property lies. Any person having any interest in
the property on which such building stands may serve a notice on
the corporation counsel of the city in which said property lies,
setting forth a brief description of the property, his interest
therein, and the existence of an encroachment on the street or
highway. Such notice, together with proof or admission of
service thereof, shall be filed in the office of the clerk of the
county in which such property lies. The clerk shall index and
record such notice as if it were a notice of the pendency of an
action and shall collect the usual fees for recording and
indexing a notice of the pendency of an action.
3. If no action be brought within the period hereby limited
therefor the owners and encumbrancers of such property shall be
deemed to have an easement for the maintenance of the encroaching
wall so long as the said wall shall stand, and no longer.
4. If the front or other exterior wall of any building
erected on or before the first day of January, one thousand nine
hundred seventy-nine in any city encroaches not more than six
inches upon any city street or city highway, the local
legislative body of any city may authorize the maintenance of
such encroachment by ordinance during the period of time the
encroaching wall is in existence; provided, however, that such
authorization shall not confer any right or claim to be asserted
against such city or the state.
Sec. 39. Separability clause. If any part or provision of
this article or the application thereof to any person or
circumstance be adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to
the part, provision or application directly involved in the
controversy in which such judgment shall have been rendered and
shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or
circumstances and the legislature hereby declares that it would
have enacted this article or the remainder thereof had the
invalidity of such provision or application thereof been
apparent.