New York State Consolidated Laws
Village
ARTICLE 7
BUILDING ZONES
Section 7-700 Grant of power.
7-701 Transfer of development rights; definitions; conditions;
procedure.
7-702 Districts.
7-703 Incentive zoning; definitions, purpose, conditions,
procedures.
7-704 Purposes in view.
7-706 Method of procedure.
7-708 Changes.
7-709 Exemption of lots shown on approved subdivision plats.
7-710 Adoption of first zoning local law.
7-712 Zoning board of appeals.
7-712-a Board of appeals procedure.
7-712-b Permitted action by board of appeals.
7-712-c Article seventy-eight proceeding.
7-714 Remedies.
7-716 Conflict with other laws.
7-718 Planning board; creation, appointment.
7-722 Village comprehensive plan.
7-724 Official maps, changes in official map; notice of hearing.
7-725-a. Site plan review.
7-725-b. Approval of special use permits.
7-728 Subdivision review; approval of plats; development of filed
plats.
7-730 Subdivision review; approval of plats; additional requisites.
7-732 Subdivision review; record of plats.
7-734 Buildings in streets; permits; hearings; review.
7-736 Construction of municipal utility in streets; permits for
erection of buildings; appeal; review by court.
7-738 Subdivision review; approval of cluster development.
7-739 Coordination with agricultural districts program.
7-740 Review of decisions of planning board.
7-741 Intermunicipal cooperation in comprehensive planning and land
use regulation.
7-742 Separability clause.
S 7-700 Grant of power. For the purpose of promoting the health,
safety, morals, or the general welfare of the community, the board of
trustees of a village is hereby empowered, by local law, to regulate and
restrict the height, number of stories and size of buildings and other
structures, the percentage of lot that may be occupied, the size of yards,
courts and other open spaces, the density of population, and the location
and use of buildings, structures and land for trade, industry, residence or
other purposes. As a part of the comprehensive plan and design, the
village board is empowered by local law, to regulate and restrict certain
areas as national historic landmarks, special historic sites, places and
buildings for the purpose of conservation, protection, enhancement and
perpetuation of these places of natural heritage. Such regulations shall
provide that a board of appeals may determine and vary their application in
harmony with the general purpose and intent, and in accordance with general
or specific rules therein contained.
S 7-701 Transfer of development rights; definitions; conditions;
procedures. 1. As used in this section:
a. "Development rights" shall mean the rights permitted to a lot,
parcel, or area of land under a zoning law respecting permissible use,
area, density, bulk or height of improvements executed thereon.
Development rights may be calculated and allocated in accordance with such
factors as area, floor area, floor area ratios, density, height
limitations, or any other criteria that will effectively quantify a value
for the development right in a reasonable and uniform manner that will
carry out the objectives of this section.
b. "Receiving district" shall mean one or more designated districts or
areas of land to which development rights generated from one or more
sending districts may be transferred and in which increased development is
permitted to occur by reason of such transfer.
c. "Sending district" shall mean one or more designated districts or
areas of land in which development rights are designated for use in one or
more receiving districts.
d. "Transfer of development rights" shall mean the process by which
development rights are transferred from one lot, parcel, or area of land
in any sending district to another lot, parcel, or area of land in one or
more receiving districts.
2. In addition to existing powers and authorities to regulate by
planning or zoning, including authorization to provide for transfer of
development rights pursuant to other enabling law, a board of trustees is
hereby empowered to provide for transfer of development rights subject to
the conditions hereinafter set forth and such other conditions as a village
board of trustees deems necessary and appropriate that are consistent with
the purposes of this section. The purpose of providing for transfer of
development rights shall be to protect the natural, scenic or agricultural
qualities of open lands, to enhance sites and areas of special character or
special historical, cultural, aesthetic or economic interest or value and
to enable and encourage flexibility of design and careful management of
land in recognition of land as a basic and valuable natural resource. The
conditions hereinabove referred to are as follows:
a. That the transfer of development rights, and the sending and
receiving districts, shall be established in accordance with a
comprehensive master plan within the meaning of section 7-722 of this
article. The sending district from which transfer of development rights
may be authorized shall consist of natural, scenic, recreational,
agricultural or open land or sites of special historical, cultural,
aesthetic or economic values sought to be protected. Every receiving
district, to which transfer of development rights may be authorized shall
have been found by the board of trustees, after evaluating the effects of
potential increased development which is possible under the transfer of
development rights provisions to contain adequate resources, environmental
quality and public facilities, including adequate transportation, water
supply, waste disposal and fire protection, and that there will be no
significant environmentally damaging consequences and such increased
development is compatible with the development otherwise permitted by the
village and by the federal, state, and county agencies having jurisdiction
to approve permissible development within the district. A generic
environmental impact statement pursuant to the provisions of article eight
of the environmental conservation law shall be prepared by the village for
the receiving district before any such district, or any sending district,
is designated, and such statement shall be amended from time to time by the
village, if there are material changes in circumstances. Where a transfer
of development rights affects districts in two or more school, special
assessment or tax districts, it may not unreasonably transfer the tax
burden between the taxpayers of such districts. The receiving and sending
districts need not be coterminous with zoning districts.
b. That sending and receiving districts be designated and mapped with
specificity and the procedure for transfer of development rights be
specified. Notwithstanding any other provision of law to the contrary,
environmental quality review pursuant to article eight of the environmental
conservation law for any action in a receiving district that utilizes
development rights shall only require information specific to the project
and site where the action will occur and shall be limited to review of the
environmental impacts of the action, if any, not adequately reviewed in the
generic environmental impact statement.
c. That the burden upon land within a sending district from which
development rights have been transferred shall be documented by an
instrument duly executed by the grantor in the form of a conservation
easement, as defined in title three of article forty-nine of the
environmental conservation law, which burden upon such land shall be
enforceable by the appropriate village in addition to any other person or
entity granted enforcement rights by the terms of the instrument. All
provisions of law applicable to such conservation easements pursuant to
such title shall apply with respect to conservation easements hereunder,
except that the board of trustees may adopt standards pertaining to the
duration of such easements that are more stringent than such standards
promulgated by the department of environmental conservation pursuant to
such title. Upon the designation of any sending district, the board of
trustees shall adopt regulations establishing uniform minimum standards for
instruments creating such easements within the district. Any development
right which has been transferred by conservation easement shall be
evidenced by a certificate of development right which shall be issued by
the village to the transferee in a form suitable for recording in the
registry of deeds for the county where the receiving district is situated
in the manner of other conveyances of interests in land affecting its
title.
d. That within one year after a development right is transferred, the
assessed valuation placed on the affected properties for real property tax
purposes shall be adjusted to reflect the transfer. A development right
which is transferred shall be deemed to be an interest in real property and
the rights evidenced thereby shall inure to the benefit of the transferee,
and his heirs, successors and assigns.
e. That development rights shall be transferred reflecting the normal
market in land, incuding sales between owners of property in sending and
receiving districts, a village may establish a development rights bank or
such other account in which development rights may be retained and sold in
the best interest of the village. Villages shall be authorized to accept
for deposit within the bank gifts, donations, bequests or other development
rights. All receipts and proceeds from sales of development rights sold by
the village shall be deposited in a special municipal account to be applied
against expenditures necessitated by the municipal development rights
program.
f. That prior to designation of sending or receiving disticts, the
legislative body of the village shall evaluate the impact of transfer of
development rights upon the potential development of low or moderate income
housing lost in sending districts and gained in receiving districts and
shall find either there is approximate equivalence between potential low
and moderate housing units lost in the sending district and gained in the
receiving districts or that the village has or will take reasonable action
to compensate for any negative impact upon the availability or potential
development of low or moderate income housing caused by the transfer of
development rights.
3. The board of trustees adopting or amending procedures for transfer of
development rights pursuant to this section shall follow the procedure for
adopting and amending a local law including all provisions for notice
applicable for changes or amendments to a zoning ordinance or local law.
4. Nothing in this section shall be construed to invalidate any provision
for transfer of development rights heretofore or hereafter adopted by any
local legislative body.
S 7-702 Districts. For any or all of said purposes the board of trustees
may divide the village into districts of such number, shape and area as may
be deemed best suited to carry out the purposes of this article; and within
such districts it may regulate and restrict the erection, construction,
reconstruction, alteration, repair or use of buildings, structures or land.
All such regulations shall be uniform for each class or kind of buildings
throughout each district but the regulations in one district may differ
from those in other districts.
S 7-703 Incentive zoning; definitions, purpose, conditions, proce-
dures. 1. Definitions. As used in this section:
a. "Incentives or bonuses" shall mean adjustments to the permissible
population density, area, height, open space, use, or other provisions
of a zoning local law for a specific purpose authorized by the village
board of trustees.
b. "Community benefits or amenities" shall mean open space, housing
for persons of low or moderate income, parks, elder care, day care or
other specific physical, social or cultural amenities, or cash in lieu
thereof, of benefit to the residents of the community authorized by the
village board of trustees.
c. "Incentive zoning" shall mean the system by which specific incen-
tives or bonuses are granted to applicants pursuant to this section on
condition that specific physical, social, or cultural benefits or amen-
ities would inure to the community.
2. Authority and purposes. In addition to existing powers and authori-
ties to regulate by planning or zoning, including authorization to
provide for the granting of incentives, or bonuses pursuant to other
enabling law, a village board of trustees is hereby empowered, as part
of a zoning local law adopted pursuant to this article, to provide for a
system of zoning incentives, or bonuses, as the village board of trus-
tees deems necessary and appropriate consistent with the purposes and
conditions set forth in this section. The purpose of the system of
incentive, or bonus, zoning shall be to advance the village`s specific
physical, cultural and social policies in accordance with the village`s
comprehensive plan and in coordination with other community planning
mechanisms or land use techniques. The system of zoning incentives or
bonuses shall be in accordance with a comprehensive plan within the
meaning of section 7-704 of this article.
3. Implementation. A system of zoning incentives or bonuses may be
provided subject to the conditions hereinafter set forth.
a. The village board of trustees shall provide for the system of
zoning incentives or bonuses pursuant to this section as part of the
zoning local law. In providing for such system the board shall follow
the procedure for adopting and amending its zoning local law, including
all provisions for notice and public hearing applicable for changes or
amendments to a zoning local law.
b. Each zoning district in which incentives or bonuses may be awarded
under this section shall be designated in the village zoning local law
and shall be incorporated in any map adopted in connection with such
zoning local law or amendment thereto.
c. Each zoning district in which incentives or bonuses may be author-
ized shall have been found by the village board of trustees, after eval-
uating the effects of any potential incentives which are possible by
virtue of the provision of community amenities, to contain adequate
resources, environmental quality and public facilities, including
adequate transportation, water supply, waste disposal and fire
protection. Further, the village board of trustees shall, in designating
such districts, determine that there will be no significant environ-
mentally damaging consequences and that such incentives or bonuses are
compatible with the development otherwise permitted.
d. A generic environmental impact statement pursuant to the provisions
of 6 NYCRR 617.15 shall be prepared by the village board of trustees for
any zoning district in which the granting of incentives or bonuses may
have significant effect on the environment before any such district is
designated, and such statement shall be supplemented from time to time
by the village board of trustees if there are material changes in
circumstances that may result in significant adverse impacts. Any zoning
local law enacted pursuant to this section shall provide that any appli-
cant for incentives or bonuses shall pay a proportionate share of the
cost of preparing such environmental impact statement, and that such
charge shall be added to any site-specific charge made pursuant to the
provisions of section 8-0109 of the environmental conservation law.
e. The village board of trustees shall set forth the procedure by
which incentives may be provided to specific lands. Such procedure shall
describe:
(1) the incentives, or bonuses, which may be granted by the village to
the applicant;
(2) the community benefits or amenities which may be accepted from the
applicant by the village;
(3) criteria for approval, including methods required for determining
the adequacy of community amenities to be accepted from the applicant in
exchange for the particular bonus or incentive to be granted to the
applicant by the village;
(4) the procedure for obtaining bonuses, including applications and
the review process, and the imposition of terms and conditions attached
to any approval; and
(5) provision for a public hearing, if such public hearing is required
as part of a zoning ordinance or local law adopted pursuant to this
section and give public notice thereof by the publication in the offi-
cial newspaper of such hearing at least five days prior to the date
thereof.
f. All other requirements of article eight of the environmental
conservation law shall be complied with by project sponsors for actions
in areas for which a generic environmental impact statement has been
prepared including preparation of an environmental assessment form and a
supplemental environmental impact statement, if necessary.
g. Prior to the adoption or amendment of the zoning local law pursuant
to this section to establish a system of zoning incentives or bonuses
the village board shall evaluate the impact of the provision of such
system of zoning incentives or bonuses upon the potential development of
affordable housing gained by the provision of any such incentive or
bonus afforded to an applicant or lost in the provision by an applicant
of any community amenity to the village. Further, the village board of
trustees shall determine that there is approximate equivalence between
potential affordable housing lost or gained or that the village has or
will take reasonable action to compensate for any negative impact upon
the availability or potential development of affordable housing caused
by the provisions of this section.
h. If the village board of trustees determines that a suitable commu-
nity benefit or amenity is not immediately feasible, or otherwise not
practical, the board may require, in lieu thereof, a payment to the
village of a sum to be determined by the board. If cash is accepted in
lieu of other community benefit or amenity, provisions shall be made for
such sum to be deposited in a trust fund to be used by the village board
of trustees exclusively for specific community benefits authorized by
the village board of trustees. 4. Nothing in this section shall be
construed to invalidate any provision for incentives or bonuses hereto-
fore adopted by any village board of trustees.
Sec. 7-704 Purposes in view. Such regulations shall be
made in accordance with a comprehensive plan and designed to
lessen congestion in the streets; to secure safety from fire,
panic, floods and other dangers; to promote health and the
general welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of
population; to make provision for, so far as conditions may
permit, the accommodation of solar energy systems and equipment
and access to sunlight necessary therefor; to facilitate the
adequate provision of transportation, water, sewerage, schools,
parks and other public requirements. Such regulations shall be
made with reasonable consideration, among other things, as to the
character of the district and its peculiar suitability for
particular uses, and with a view to conserving the value of
buildings and encouraging the most appropriate use of land
throughout such municipality.
S 7-706 Method of procedure. 1. The board of trustees shall provide
for the manner in which such regulations, restrictions and the bounda-
ries of such districts including any amendments thereto shall be deter-
mined, established and enforced. However, no such regulations,
restrictions or boundaries shall become effective until after a public
hearing in relation thereto, at which the public shall have an opportu-
nity to be heard. At least ten days notice of the time and place of
such hearing shall be published in a paper of general circulation in
such village.
2. Service of written notice. At least ten days prior to the date of
the public hearing, written notice of any proposed regulations,
restrictions or boundaries of such districts, including amendments ther-
eto, affecting property within five hundred feet of the following shall
be served personally or by mail by the village upon each person or
persons as listed below:
(a) the property of the housing authority erecting or owning a housing
project authorized under the public housing law; upon the executive
director of such housing authority and the chief executive officer of
the municipality providing financial assistance thereto;
(b) the boundary of a city, village or town; upon the clerk thereof;
(c) the boundary of a county; upon the clerk of the board of supervi-
sors or other person performing like duties;
(d) the boundary of a state park or parkway; upon the regional state
park commission having jurisdiction over such state park or parkway.
3. Public hearing. The public, including those served notice pursuant
to subdivision two of this section, shall have the opportunity to be
heard at the public hearing. Those parties set forth in paragraphs (a),
(b), (c) and (d) of subdivision two of this section, however, shall not
have the right of review by a court as hereinafter provided.
4. Additional requirements. The procedural requirements set forth
herein shall be in addition to the requirements of the provisions of
sections two hundred thirty-nine-l and two hundred thirty-nine-m of the
general municipal law relating to review by a county planning board or
agency or regional planning council; the provisions of the state envi-
ronmental quality review act under article eight of the environmental
conservation law and its implementing regulations which are codified in
part six hundred seventeen of title six of the New York codes, rules and
regulations and any other general laws relating to land use and any
amendments thereto.
5. Filing. Every zoning law and every amendment thereto (excluding any
map incorporated therein) adopted pursuant to the provisions of this
chapter shall be entered in the minutes of the village board and a copy,
summary or abstract thereof (exclusive of any map incorporated therein)
shall be published once in the official newspaper and a copy of such
local law or amendment together with a summary or abstract of any map
incorporated therein shall be posted conspicuously at or near the main
entrance to the office of the village clerk and affidavits of the publi-
cation and posting thereof shall be filed with the village clerk. Such
minutes shall describe and refer to any map adopted in connection with
such local law or amendment.
6. Map. Each village clerk shall maintain every map adopted in
connection with a zoning local law or amendment.
7. Effective date. Such local law shall take effect upon filing in the
office of the secretary of state, but such local law or amendment shall
take effect from the date of its service as against a person served
personally with a copy thereof, certified by the village clerk; and
showing the date of its passage and entry in the minutes.
S 7-708 Changes. Such regulations, restrictions and boundaries may
from time to time be amended. An amendment shall be effected by a simple
majority vote of the board of trustees, except that an amendment shall
require the approval of at least two-thirds of the members of the board
of trustees in villages having three members on such board, and
three-fourths of the members of the board of trustees in all the other
villages in the event such amendment is the subject of a written
protest, presented to the board and signed by:
1. the owners of twenty percent or more of the area of land included
in such proposed change; or
2. the owners of twenty percent or more of the area of land
immediately adjacent to that land included in such proposed change,
extending one hundred feet therefrom; or
3. the owners of twenty percent or more of the area of land directly
opposite thereto, extending one hundred feet from the street frontage of
such opposite land.
The provisions of the previous section relative to public hearings
shall apply equally to all proposed amendments.
S 7-709. Exemption of lots shown on approved subdivision plats. 1.
Notwithstanding any inconsistent provision of this chapter or of any
general, special or local law, the provisions of a zoning local law
hereafter adopted, or of a change or amendment thereto, which
provisions:
(a) establish or increase lot areas or lot dimensions which are in
excess of the areas or dimensions of the lots shown and delineated on a
residential subdivision plat which has been duly approved by the
planning board, or other board or officer vested with authority to
approve subdivision plats, if any, of the village in which the land
shown on said plat is situate, and duly filed in the office of the
recording officer of the county in which the land shown on said
subdivision plat is situate; or
(b) establish or increase side, rear or front yard or set back
requirements in excess of those applicable to lots under the provisions
of the zoning ordinance or local law, if any, in force and effect at the
time of the filing of said duly approved residential subdivision plat or
first section thereof;
shall not, for the period of time prescribed in subdivision two of
this section, be applicable to or in any way affect any of the lots
shown and delineated on such subdivision plat.
2. If at the time of the filing of the subdivision plat or first
section thereof referred to in subdivision one of this section there was
in the village:
(a) both a zoning ordinance or local law and a planning board vested
with authority to approve subdivision plats, then the exemption provided
for in subdivision one of this section shall apply for a period of three
years after the filing of the approved subdivision plat or first section
thereof; or
(b) a zoning ordinance or local law in effect in the village but there
was no planning board in said village vested with authority to approve
subdivision plats, then the exemption provided for in subdivision one of
this section shall apply for a period of two years after the filing of
the approved subdivision plat or first section thereof; or
(c) no zoning ordinance or local law in the village but there was a
planning board vested with authority to approve subdivision plats, then
the exemption provided for in subdivision one of this section shall
apply for a period of two years after the filing of the approved
subdivision plat or first section thereof; or
(d) no zoning ordinance or local law in the village and no planning
board vested with authority to approve subdivision plats, then the
exemption provided for in subdivision one of this section shall apply
for a period of one year after the filing of the subdivision plat or
first section thereof.
S 7-710 Adoption of first zoning local law. 1. In order to avail itself
of the powers conferred by this article, the board of trustees of any
village shall appoint a commission to be known as the zoning commission to
recommend the boundaries of the various original districts and appropriate
regulations to be enforced therein.
2. Where a planning board already exists in the village, it may be
appointed as the zoning commission.
3. Such commission shall make a preliminary report and hold one or more
public hearings thereon as deemed appropriate by the commission before
submitting its final report.
4. The board of trustees shall not hold its public hearing, or take
action, until it has received the final report of such commission.
5. Upon adoption of a resolution by the board of trustees of the village
accepting the final report, such commission shall cease to exist as a
separate body.
S 7-712 Zoning board of appeals. 1. Definitions. As used in this
section:
(a) "Use variance" shall mean the authorization by the zoning board of
appeals for the use of land for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
(b) "Area variance" shall mean the authorization by the zoning board
of appeals for the use of land in a manner which is not allowed by the
dimensional or physical requirements of the applicable zoning regu-
lations.
2. Appointment of members. Each village board of trustees which adopts
a local law and any amendments thereto pursuant to the powers granted by
this article shall create a board of appeals consisting of three or five
members as shall be determined by such local law. The mayor shall
appoint the board of appeals and the chairperson thereof, subject to the
approval of the board of trustees. In the absence of a chairperson the
board of appeals may designate a member to serve as acting chairperson.
The board of trustees may provide for compensation to be paid to
experts, clerks and a secretary and provide for such other expenses as
may be necessary and proper, not exceeding the appropriation made by the
board of trustees for such purpose. In making such appointment, the
village board of trustees may require board of appeals members to
complete training and continuing education courses in accordance with
any local requirements for the training of such members.
3. Board of trustees ineligible. No person who is a member of the
village board of trustees shall be eligible for membership on such board
of appeals.
4. Terms of members first appointed. In the creation of a new board of
appeals, or the reestablishment of terms of an existing board, the
appointment of members to the board shall be of terms so fixed that one
member`s term shall expire at the end of the village official year in
which such members were initially appointed. The remaining members`
terms shall be so fixed that one member`s term shall expire at the end
of each official year thereafter. At the expiration of each original
member`s appointment, the replacement member shall be appointed by the
board of trustees 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 a year shall, upon the expira-
tion of their term, hold office until the end of the year and their
successors shall then be appointed for terms which shall be equal in
years to the number of members of the board.
6. Increasing membership. Any board of trustees may, by local law,
increase a three member board of appeals to five members. Additional
members shall be first appointed for single terms as provided by resol-
ution in order that the terms of members shall expire in each of five
successive years and their successors shall thereafter be appointed for
full terms of five years. No such additional member shall take part in
the consideration of any matter for which an application was on file
with the board of appeals at the time of his or her appointment.
7. Decreasing membership. A board of trustees which has increased the
number of members of the board of appeals to five may, by local law,
decrease the number of members of the board of appeals to three to take
effect upon the next two expirations of terms.
8. Vacancy in office. If a vacancy shall occur otherwise than by expi-
ration of term, the mayor shall appoint the new member for the unexpired
term.
9. Removal of members. The mayor shall have the power to remove, after
public hearing, any member of the zoning board of appeals for cause. Any
zoning board of appeals member may be removed for non-compliance with
minimum requirements relating to meeting attendance and training as
established by the village board of trustees by local law.
10. Chairperson duties. All meetings of the board of appeals 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.
11. Alternate members. a. A village board of trustees may, by local
law or as a part of the local law creating the zoning board of appeals,
establish alternate zoning board of appeals 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 zoning board of appeals shall be appointed by the mayor, subject to
the approval of the board of trustees, for terms established by the
village board of trustees.
b. The chairperson of the zoning board of appeals may designate an
alternate member to substitute for a member when such member is unable
to participate 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 zoning
board of appeals meeting at which the substitution is made.
c. All provisions of this section relating to zoning board of appeals
member training and continuing education, attendance, conflict of inter-
est, compensation, eligibility, vacancy in office, removal, and service
on other boards, shall also apply to alternate members.
S 7-712-a Board of appeals procedure. 1. Meetings, minutes, records.
Meetings of such board of appeals shall be open to the public to the
extent provided in article seven of the public officers law. Such board
of appeals shall keep minutes of its proceedings, showing the vote of
each member upon every question, or if absent or failing to vote, indi-
cating such fact, and shall also keep records of its examinations and
other official actions.
2. Filing requirements. Every rule, regulation, every amendment or
repeal thereof, and every order, requirement, decision or determination
of the board of appeals shall be filed in the office of the village
clerk within five business days and shall be a public record.
3. Assistance to board of appeals. Such board shall have the authority
to call upon any department, agency or employee of the village for such
assistance as shall be deemed necessary and as shall be authorized by
the village board of trustees. Such department, agency or employee may
be reimbursed for any expenses incurred as a result of such assistance.
4. Hearing appeals. Unless otherwise provided by local law, the juris-
diction of the board of appeals shall be appellate only and shall be
limited to hearing and deciding appeals from and reviewing any order,
requirement, decision, interpretation, or determination made by the
administrative official charged with the enforcement of any local law
adopted pursuant to this article. The concurring vote of a majority of
the members of the board of appeals shall be necessary to reverse any
order, requirement, decision or determination of any such administrative
official, or to grant a use variance or area variance. Such appeal may
be taken by any person aggrieved, or by an officer, department, board or
bureau of the village.
* 5. Time of appeal. Such appeal shall be taken within sixty days
after the filing in the village clerk`s office of any order, require-
ment, decision, interpretation or determination of the administrative
official charged with the enforcement of such local law by filing with
such administrative official and with the board of appeals a notice of
appeal, specifying the grounds thereof and the relief sought. The admin-
istrative official from whom the appeal is taken shall forthwith trans-
mit to the board of appeals all the papers constituting the record upon
which the action appealed from was taken.
* NB Effective until 00/01/01
* 5. Filing of administrative decision and time of appeal. (a) Each
order, requirement, decision, interpretation or determination of the
administrative official charged with the enforcement of the zoning local
law shall be filed in the office of such administrative official within
five business days from the day it is rendered, and shall be a public
record. Alternately, the village board of trustees may, by resolution,
require that such filings instead be made in the village clerk`s office.
(b) An appeal shall be taken within sixty days after the filing of any
order, requirement, decision, interpretation or determination of the
administrative official, by filing with such administrative official and
with the board of appeals a notice of appeal, specifying the grounds
thereof and the relief sought. The administrative official from whom the
appeal is taken shall forthwith transmit to the board of appeals all the
papers constituting the record upon which the action appealed from was
taken.
* NB Effective 00/01/01
6. Stay upon appeal. An appeal shall stay all proceedings in further-
ance of the action appealed from, unless the administrative official
charged with the enforcement of such local law, from whom the appeal is
taken, certifies to the board of appeals, after the notice of appeal
shall have been filed with the administrative official, that by reason
of facts stated in the certificate a stay would, in his or her opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may be
granted by the board of appeals or by a court of record on application,
on notice to the administrative official from whom the appeal is taken
and on due cause shown.
7. Hearing on appeal. The board of appeals shall fix a reasonable time
for the hearing of the appeal or other matter referred to it and give
public notice of such hearing by publication in a paper of general
circulation in the village at least five days prior to the date thereof.
The cost of sending or publishing any notices relating to such appeal,
or a reasonable fee relating thereto, shall be borne by the appealing
party and shall be paid to the board prior to the hearing of such
appeal. Upon the hearing, any party may appear in person, or by agent or
attorney.
8. Time of decision. The board of appeals shall decide upon the appeal
within sixty-two days after the conduct of said hearing. The time within
which the board of appeals must render its decision may be extended by
mutual consent of the applicant and the board.
9. Filing of decision and notice. The decision of the board of appeals
on the appeal shall be filed in the office of the village clerk within
five business days after the day such decision is rendered, and a copy
thereof mailed to the applicant.
10. Notice to park commission and county planning board or agency or
regional planning council. At least five days before such hearing, the
board of appeals shall mail notices thereof to the parties, to the
regional state park commission having jurisdiction over any state park
or parkway within five hundred feet of the property affected by such
appeal and 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.
11. Compliance with state environmental quality review act. The board
of appeals shall comply with the provisions of the state environmental
quality review act under article eight of the environmental conservation
law and its implementing regulations as codified in title six, part six
hundred seventeen of the New York codes, rules and regulations.
12. Rehearing. A motion for the zoning board of appeals to hold a
rehearing to review any order, decision or determination of the board
not previously reheard may be made by any member of the board. A unani-
mous vote of all members of the board then present is required for such
rehearing to occur. Such rehearing is subject to the same notice
provisions as an original hearing. Upon such rehearing the board may
reverse, modify or annul its original order, decision or determination
upon the unanimous vote of all members then present, provided the board
finds that the rights vested in persons acting in good faith in reliance
upon the reheard order, decision or determination will not be prejudiced
thereby.
S 7-712-b Permitted action by board of appeals. 1. Orders,
requirements, decisions, interpretations, determinations. The board of
appeals may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision, interpretation or determination appealed
from and shall make such order, requirement, decision, interpretation or
determination as in its opinion ought to have been made in the matter by
the administrative official charged with the enforcement of such local
law and to that end shall have all the powers of the administrative
official from whose order, requirement, decision, interpretation or
determination the appeal is taken.
2. Use variances. (a) The board of appeals, on appeal from the
decision or determination of the administrative officer charged with the
enforcement of such local law, shall have the power to grant use vari-
ances, as defined herein.
(b) No such use variance shall be granted by a board of appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship the applicant shall demonstrate to the board
of appeals that for each and every permitted use under the zoning
regulations for the particular district where the property is located,
(1) the applicant cannot realize a reasonable return, provided that lack
of return is substantial as demonstrated by competent financial
evidence; (2) that the alleged hardship relating to the property in
question is unique, and does not apply to a substantial portion of the
district or neighborhood; (3) that the requested use variance, if
granted, will not alter the essential character of the neighborhood; and
(4) that the alleged hardship has not been self-created.
(c) The board of appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate to
address the unnecessary hardship proved by the applicant, and at the
same time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
3. Area variances. (a) The zoning board of appeals shall have the
power, upon an appeal from a decision or determination of the
administrative official charged with the enforcement of such local law,
to grant area variances as defined herein.
(b) In making its determination, the zoning board of appeals shall
take into consideration the benefit to the applicant if the variance is
granted, as weighed against the detriment to the health, safety and
welfare of the neighborhood or community by such grant. In making such
determination the board shall also consider: (1) whether an undesirable
change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of the
area variance; (2) whether the benefit sought by the applicant can be
achieved by some method, feasible for the applicant to pursue, other
than an area variance; (3) whether the requested area variance is
substantial; (4) whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and (5) whether the alleged difficulty was
self-created; which consideration shall be relevant to the decision of
the board of appeals, but shall not necessarily preclude the granting of
the area variance.
(c) The board of appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate and
at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
4. Imposition of conditions. The board of appeals shall, in the
granting of both use variances and area variances, have the authority to
impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property. Such
conditions shall be consistent with the spirit and intent of the zoning
local law, and shall be imposed for the purpose of minimizing any
adverse impact such variance may have on the neighborhood or community.
S 7-712-c Article seventy-eight proceeding. 1. Application to supreme
court by aggrieved persons. Any person or persons, jointly or severally
aggrieved by any decision of the board of appeals or any officer,
department, board or bureau of the village, may apply to the supreme
court for review by a proceeding under article seventy-eight of the
civil practice law and rules. Such proceeding shall be instituted within
thirty days after the filing of a decision of the board in the office of
the village clerk.
2. Costs of appeal. Costs shall not be allowed against the board of
appeals 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.
3. Preference of appeal to court. All issues in any proceeding under
this section shall have preference over all other civil actions and
proceedings.
4. Power of court. If upon the hearing at the supreme court, it shall
appear to the court that testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee to
take such evidence as it may direct and report the same to the court
with his or her findings of fact and conclusions of law, which shall
constitute a part of the proceedings upon which the determination of the
court shall be made. The court may reverse or affirm, wholly or partly,
or may modify the decision brought up for review determining all
questions which may be presented for determination.
S 7-714 Remedies. In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted, or maintained; or
any building, structure or land is used, or any land is divided into lots,
blocks or sites in violation of this act, or of any local law or other
regulation made under authority conferred thereby, the proper local
authorities of the village, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance,
use or division of land, to restrain, correct or abate such violation, to
prevent the occupancy of said building, structure or land or to prevent any
illegal act, conduct, business or use in or about such premises. All
issues in any action or proceeding for any of the purposes herein stated
shall have preference over all other civil actions and proceedings.
Sec. 7-716 Conflict with other laws. Wherever the
regulations made under authority of this act require a greater
width of size of yards or courts, or require a lower height of
building or less number of stories, or require a greater
percentage of lot to be left unoccupied, or impose other higher
standards than are required in any other statute or local law or
regulation, the provisions of the regulations made under
authority of this act shall govern. Wherever the provisions of
any other statute or local ordinance or regulation require a
greater width or size of yards or courts, or require a lower
height of building or a less number of stories, or require a
greater percentage of lot to be left unoccupied, or impose other
higher standards than are required by the regulations made under
authority of this act, the provisions of such statute, or local
ordinance or regulation shall govern.
S 7-718 Planning board; creation, appointment. 1. Authorization. The
village board of trustees of each village is hereby authorized by local
law 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 subject to the approval of the board of trustees. In the
absence of a chairperson the planning board may designate a member to
serve as chairperson. The village board of trustees may, as part of the
local law creating said planning board, provide for the compensation of
planning board members. In making such appointments, the village board
of trustees may require planning board members to complete training and
continuing education courses in accordance with any local requirements
for the training of such members.
2. Appropriation for planning board. The village board of trustees is
hereby authorized and empowered to make such appropriation as it may see
fit for planning board expenses. 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 village board of trustees for such planning board.
3. Village board of trustees ineligible. No person who is a member of
the village board of trustees shall be eligible for membership on such
planning board.
4. Terms of members first appointed. The terms of members of the plan-
ning board first appointed shall be so fixed that the term of one member
shall expire at the end of the village 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 village official year shall,
upon the expiration of their term, hold office until the end of the
village official year and their successors shall then be appointed for
terms which shall be equal in years to the number of members of the
board.
6. Increasing membership. Any village board of trustees may, by local
law, 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 consideration 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 village board of trustees which has seven
members on the planning board may, by local law, 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 shall appoint the new member for the unexpired
term.
9. Removal of members. The mayor 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
village board of trustees by local law.
10. 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.
11. Appointment of agricultural member. Notwithstanding any provisions
of this chapter or any general, special or local law, the mayor may, if
an agricultural district created pursuant to section three hundred three
of article twenty-five-AA of the agriculture and markets law exists
wholly or partly within the boundaries of such village, include on the
planning board one or more members each of whom derives ten thousand
dollars or more annual gross income from agricultural pursuits in said
village. As used in this subdivision, the term "agricultural pursuits"
means the production of crops, livestock and livestock products, aqua-
cultural products, and woodland products as defined in section three
hundred one of the agriculture and markets law. 12. Service on other
planning boards. No person shall be disqualified from serving as a
member of the village planning board by reason of serving as a member of
the town or county planning board.
13. Rules and regulations. The planning board may recommend to the
village board of trustees regulations relating to any subject matter
over which the planning board has jurisdiction under this article or any
other statute, or under any local law of the village. Adoption of any
such recommendations by the village board of trustees shall be by local
law.
14. Report on referred matters; general reports. a. The village board
of trustees may by resolution provide for the reference of any matter or
class of matters, other than those referred to in subdivision ten of
this section, to the planning board before final action is taken thereon
by the village board of trustees or other office or officer of said
village having final authority over said matter. The village board of
trustees 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 village board of trustees in
said resolution, to submit the report.
b. The planning board may review and make recommendations on a
proposed village comprehensive plan or amendment thereto. In addition,
the planning board shall have the full power and authority to make
investigations, maps, reports, and recommendations in connection there-
with relating to the planning and development of the village as it seems
desirable, providing the total expenditures of said board shall not
exceed the appropriation provided therefor.
15. Planning commission. In any village in which there is a planning
commission created under article twelve-A of the general municipal law,
the board of trustees, instead of authorizing the appointment of a plan-
ning 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, provided, however, that in such village section two hundred
thirty-eight of the general municipal law shall not be in force.
16. Alternate members. a. A village board of trustees may, by local
law or as a part of the local law creating the planning 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, subject to the approval of the board of trus-
tees, for terms established by the village board of trustees.
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, and service on
other boards, shall also apply to alternate members.
S 7-722 Village comprehensive plan. 1. 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 village government is the authority and responsibility to
undertake village 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 village government of a
village comprehensive plan which can be readily identified, and is
available for the public, is in the best interest of the people of each
village.
(d) The great diversity of resources and conditions that exist within
and among the villages of the state compels the consideration of such
diversity in the development of each village comprehensive plan.
(e) The participation of citizens in an open, responsible and flexible
planning process is essential to the designing of the optimum comprehen-
sive plan.
(f) The village comprehensive plan is a means to promote the health,
safety and general welfare of the people of the village and to give due
consideration to the needs of the people of the region of which the
village 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 that status or
validity of existing master plans, comprehensive plans, or land use
plans.
2. Definitions. As used in this section, the term:
(a) "village comprehensive plan" means the materials, written and/or
graphic, including but not limited to maps, charts, studies, resol-
utions, reports and other descriptive material that identify the goals,
objectives, principles, guidelines, policies, standards, devices and
instruments for the immediate and long-range protection, enhancement,
growth and development of the village.
(b) "land use regulation" means an ordinance or local law enacted by
the village 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
village board of trustees to prepare a proposed comprehensive plan
and/or an amendment thereto.
3. Content of a village comprehensive plan. The village comprehensive
plan may include the following topics at the level of detail adapted to
the special requirements of the village:
(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 village 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 village.
4. Preparation. The village board of trustees, or by resolution of
such village board of trustees, the planning board or a special board,
may prepare a proposed village comprehensive plan and amendments there-
to. In the event the planning board or special board is directed to
prepare a proposed comprehensive plan or amendment thereto, such board
shall, by resolution, recommend such proposed plan or amendment to the
village board of trustees.
5. Referrals. (a) Any proposed comprehensive plan or amendment thereto
that is prepared by the village board of trustees or a special board may
be referred to the village planning board for review and recommendation
before action by the village board of trustees.
(b) The village board of trustees shall, prior to adoption, refer the
proposed comprehensive plan or any amendment thereto to the county plan-
ning board or agency or regional planning council for review and recom-
mendation as required by section two hundred thirty-nine-m of the gener-
al municipal law. In the event the proposed plan or amendment thereto is
prepared by the village 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.
6. Public hearings; notice. (a) In the event the village board of
trustees prepares a proposed village comprehensive plan or amendment
thereto, the village board of trustees 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, and in addition, the village board of trus-
tees shall hold one or more public hearings prior to adoption of such
proposed plan or amendment.
(b) In the event the village board of trustees has directed the plan-
ning 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 village board of trustees 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 village 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 village clerk and may be made available at any other
place, including a public library.
7. Adoption. The village board of trustees may adopt by resolution a
village comprehensive plan or any amendment thereto.
8. Environmental review. A village comprehensive plan, and any amend-
ment 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 village comprehensive plan may
be designed to also serve as, or be accompanied by, a generic environ-
mental 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 conditions and thresholds established for such actions in the
generic environmental impact statement and its findings.
9. Agricultural review and coordination. A village comprehensive plan
and any amendments thereto, for a village containing all or part of an
agricultural district or lands receiving agricultural assessment 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 village 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.
10. Periodic review. The village board shall provide, as a component
of such proposed comprehensive plan, the maximum intervals at which the
adopted plan shall be reviewed.
11. Effect of adoption of the village comprehensive plan. (a) All
village 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 village comprehensive plan adopted pursuant to this
section shall take such plan into consideration.
12. Filing of village comprehensive plan. The adopted village compre-
hensive plan and any amendments thereto shall be filed in the office of
the village clerk and a copy thereof shall be filed in the office of the
county planning agency.
Sec. 7-724 Official maps, changes in official map; notice of
hearing. Every village may by resolution of its board of
trustees establish an official map of the village showing the
streets, highways and parks theretofore 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. The clerk of
every village which has established such an official map shall
immediately file a certificate of that fact with the clerk or
register of the county in which said village is located. Such
board of trustees 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 village so as to lay out new streets,
highways or parks, or to widen or close existing streets,
highways or parks. There shall be a public hearing on any
proposed action with reference to any such change in the official
map. Before making any such addition or change the board of
trustees shall refer the matter 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 village,
and shall be deemed to be final and conclusive with respect to
the location of the streets, highways and parks shown thereon.
The granting by the board of trustees of a petition for the
approval of the laying out, altering, widening, narrowing or
discontinuing of a street, shall be deemed to be an addition or
change of the official map and shall be subject to all the
provisions of this article with regard to such additions or
changes. Drainage systems may also be shown on this map.
S 7-725-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 local law, which shows the arrangement,
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 7-728 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 village board of trustees may, as
part of a local law adopted pursuant to this article or 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
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 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 may include, where appropriate, those related
to parking, means of access, screening, signs, landscaping, architec-
tural 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 village board of trustees in such
local law.
(b) When an authorization to approve site plans is granted by the
village board of trustees pursuant to this section, the terms thereof
may condition 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, applications
may be made to the zoning board of appeals for an area variance pursuant
to section 7-712-b of this article, without the necessity of a decision
or determination of an administrative official charged with the enforce-
ment 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 village.
5. Waiver of requirements. The village board of trustees 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
or 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
residential 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 village. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the village based
on projected population growth to which the particular site plan will
contribute.
(c) In the event the authorized board makes a finding pursuant to
paragraph (b) of this subdivision that the proposed site plan presents a
proper case for requiring a park or parks suitably located for play-
grounds or other recreational purposes, but that a suitable park or
parks of adequate size to meet the requirements cannot be properly
located on such site plan, the authorized board may require a sum of
money in lieu thereof to be established by the village board of trus-
tees. In making such determination 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 recre-
ational purposes, pursuant to the provisions of this section, shall be
deposited into a trust fund to be used by the village exclusively for
park, playground or other recreational purposes, including the acquisi-
tion 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, 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 reser-
vation 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 village 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 village by
the owner. Such security shall be provided to the village pursuant to
the provisions of subdivision nine of section 7-730 of this article.
8. Public hearing and decision on site plans. In the event a public
hearing is required by local law adopted by the village board of trus-
tees, 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 such hearing, and
shall give public notice of said hearing in a newspaper of general
circulation in the village 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 decision 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 village 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 offi-
cer, department, board or bureau of the village 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 with-
in thirty days after the filing of a decision by such board in the
office of the village 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.
S 7-725-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 local law, subject to requirements imposed by such local law to
assure that the proposed use is in harmony with such local law and will
not adversely affect the neighborhood if such requirements are met.
2. Approval of special use permits. The village board of trustees may,
as part of a zoning 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 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 7-712-b of this article, without the necessity of a
decision or determination of an administrative official charged with the
enforcement of the zoning regulations.
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 village.
5. Waiver of requirements. The village board of trustees 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 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 or 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 village 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 village clerk within five business days
after such decision is rendered, and a copy thereof mailed to the appli-
cant.
7. Notice to applicant and 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 applicant and 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.
8. Compliance with state environmental quality review act. The author-
ized board shall comply with the provisions of the state environmental
quality review act under article eight of the environmental conservation
law and its implementing regulations.
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 village 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 village 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 village board of trustees
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.
S 7-728 Subdivision review; approval of plats; development of filed
plats. 1. Purpose. For the purpose of providing for the future growth
and development of the village and affording adequate facilities for the
housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population, the village board of trustees, 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 village board of trustees,
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 village which has author-
ized its planning board to approve plats as set forth herein shall imme-
diately file a certificate of that fact with the clerk or register of
the county in which such village 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. Subdi-
visions may be defined and delineated by local regulation, as either
"major" or "minor", with the review procedures and criteria for each set
forth in such local regulations.
(b) "Preliminary plat" means a drawing prepared in a manner prescribed
by local regulation showing the layout of a proposed subdivision includ-
ing, but not restricted to, road and lot layout and approximate dimen-
sions, key plan, topography and drainage, all proposed facilities
unsized, including preliminary plans and profiles, at suitable scale and
in such detail as local regulation may require.
(c) "Preliminary plat approval" means the approval of the layout of a
proposed subdivision as set forth in a preliminary plat but subject to
the approval of the plat in final form in accordance with the provisions
of this section.
(d) "Final plat" means a drawing prepared in a manner prescribed by
local regulation that shows a proposed subdivision, containing in such
additional detail as shall be provided by local regulation all 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 conditions
specified in a resolution granting conditional approval of the plat are
completed. Such final approval qualifies the plat for recording in the
office of the county clerk or register in the county in which such plat
is located.
5. Approval of preliminary plats. (a) Submission of preliminary plats.
All plats shall be submitted to the planning board for approval in final
form provided, however, that where the planning board has been author-
ized to approve preliminary plats, the owner may submit or the planning
board may require that the owner submit a preliminary plat for consider-
ation. Such a preliminary plat shall be clearly marked "preliminary
plat" and shall conform to the definition provided in this section.
(b) Coordination with the state environmental quality review act. The
planning board shall comply with the provisions of the state 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 village at least five days before such hearing if no hear-
ing is held on the draft environmental impact statement, or fourteen
days before a hearing held jointly therewith. The planning board may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such preliminary
plat. The hearing on the preliminary plat shall be closed upon motion of
the planning board within one hundred twenty days after it has been
opened.
(iii) Decision. The planning board shall approve, with or without
modification, or disapprove such preliminary plat as follows:
(1) If the planning board determines that the preparation of an 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 the receipt of a complete preliminary plat by the
clerk of the planning board.
(ii) Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general circu-
lation in the village at least five days before such hearing if held
independently of the hearing on the draft environmental impact state-
ment, 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 village 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 village at least five days before such hearing if no hearing is
held on the draft environmental impact statement, or fourteen days
before a hearing held jointly therewith. The planning board may provide
that the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such final plat. The hear-
ing on the final plat shall be closed upon motion of the planning board
within one hundred twenty days after it has been opened.
(3) Decision. The planning board shall make its decision on the final
plat as follows:
(a) if such board determines that the preparation of an environmental
impact statement on the final plat is not required, the planning board
shall by resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat, within sixty-two days after the date of the public hearing; or
(b) if such board determines that an environmental impact statement is
required, and a public hearing is held on the draft environmental impact
statement, the final environmental impact statement shall be filed 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 final plat within sixty-two days after the receipt of a
complete final plat by the clerk of the planning board.
(2) Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the village at least five days before such hearing if held independ-
ently of the hearing on the draft environmental impact statement, or
fourteen days before a hearing held jointly therewith. The planning
board may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such final
plat. The hearing on the final plat shall be closed upon motion of the
planning board within one hundred twenty days after it has been opened.
(3) Decision. The planning board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat as follows:
(a) If the preparation of an environmental impact statement on the
final plat is not required, the planning board shall make its decision
within sixty-two days after the close of the public hearing on the final
plat.
(b) If an environmental impact statement is required, the planning
board shall make its own findings and its decision on the final plat
within sixty-two days after the close of the public hearing on such
final plat or within thirty days of the adoption of findings by the lead
agency, whichever period is longer. The grounds for a modification, if
any, or the grounds for disapproval shall be stated upon the records of
the planning board.
7. Approval and certification of final plats. (a) Certification of
plat. Within five business days of the adoption of the resolution grant-
ing 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 village
clerk as determined by the village board of trustees.
(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 village 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 village 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 develop-
ment 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 village 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 village clerk in each village 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 7-708 of this article.
12. Subdivision abandonment. The owner of an approved subdivision may
abandon such subdivision pursuant to the provisions of section five
hundred sixty of the real property tax law.
S 7-730 Subdivision review; approval of plats; additional requisites.
1. Purpose. Before the approval by the planning board of a plat showing
lots, blocks or sites, with or without streets or highways, or the
approval of a plat already filed in the office of the clerk of the coun-
ty wherein such plat is situated if the plat is entirely or partially
undeveloped, the planning board shall require that the land shown on the
plat be of such character that it can be used safely for building
purposes without danger to health or peril from fire, flood, drainage or
other menace to neighboring properties or the public health, safety and
welfare.
2. Additional requirements. The planning board shall also require
that:
(a) the streets and highways be of sufficient width and suitable grade
and shall be suitably located to accommodate the prospective traffic, to
afford adequate light and air, to facilitate fire protection, and to
provide access of firefighting equipment to buildings. If there be an
official map, village comprehensive plan or functional/master plans,
such streets and highways shall be coordinated so as to compose a
convenient system conforming to the official map and properly related to
the proposals shown in the comprehensive plan of the village;
(b) suitable monuments be placed at block corners and other necessary
points as may be required by the board and the location thereof is shown
on the map of such plat;
(c) all streets or other public places shown on such plats be suitably
graded and paved; street signs, sidewalks, street lighting standards,
curbs, gutters, street trees, water mains, fire alarm signal devices
(including necessary ducts and cables or other connecting facilities),
sanitary sewers and storm drains be installed all in accordance with
standards, specifications and procedures acceptable to the appropriate
village departments except as hereinafter provided, or alternatively
that a performance bond or other security be furnished to the village,
as hereinafter provided.
3. Compliance with zoning regulations. Where a zoning ordinance or
local law has been adopted by the village, the lots shown on said plat
shall at least comply with the requirements thereof subject, however, to
the provisions of section 7-738 of this article.
4. Reservation of parkland on subdivision plats containing residential
units. (a) Before the planning board may approve a subdivision plat
containing residential units, such subdivision plat shall also show,
when required by such board, a park or parks suitably located for play-
ground or other recreational purposes.
(b) Land for park, playground or other recreational purposes may not
be required until the planning board has made a finding that a proper
case exists for requiring that a park or parks be suitably located for
playgrounds or other recreational purposes within the village. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the village based
on projected population growth to which the particular subdivision plat
will contribute.
(c) In the event the planning board makes a finding pursuant to para-
graph (b) of this subdivision that the proposed subdivision plat
presents a proper case for requiring a park or parks suitably located
for playgrounds or other recreational purposes, but that a suitable park
or parks of adequate size to meet the requirement cannot be properly
located on such subdivision plat, the planning board may require a sum
of money in lieu thereof, in an amount to be established by the village
board of trustees. In making such determination of suitability, the
board shall assess the size and suitability of land shown on the subdi-
vision plat which could be possible locations for park or recreational
facilities, as well as practical factors including whether there is a
need for additional facilities in the immediate neighborhood. Any moneys
required by the planning board in lieu of land for park, playground or
other recreational purposes, pursuant to the provisions of this section,
shall be deposited into a trust fund to be used by the village exclu-
sively for park, playground or other recreational purposes, including
the acquisition of property.
5. Character of the development. In making such determination regard-
ing 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 indus-
trial.
6. Application for area variance. Notwithstanding any provision of law
to the contrary, where a plat contains one or more lots which do not
comply with the zoning local law regulations, application may be made to
the zoning board of appeals for an area variance pursuant to section
7-712-b of this article, without the necessity of a decision or determi-
nation 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 recommen-
dation concerning the proposed variance.
7. Waiver of requirements. The planning board may waive, when reason-
able, any requirements or improvements for the approval, approval with
modifications or disapproval of subdivisions submitted for its approval.
Any such waiver, which shall be subject to appropriate conditions, may
be exercised in the event any such requirements or improvements are
found not to be requisite in the interest of the public health, safety,
and general welfare or inappropriate because of inadequacy or lack of
connecting facilities adjacent or in proximity to the subdivision.
8. Installation of fire alarm devices. The installation of fire alarm
signal devices including necessary connecting facilities shall be
required or waived pursuant to this section only with the approval of:
(a) the town board if the village is included in a central fire alarm
system established pursuant to subdivision eleven-c of section sixty-
four of the town law, (b) the board of supervisors or legislative body
of the county if the village is included in a central fire alarm system
established pursuant to paragraph (h) of subdivision one of section two
hundred twenty-five of the county law, or (c) the board of fire commis-
sioners of the village in any other case unless the installation is to
be made in a fire district within the village, in which event only the
approval of the board of fire commissioners of such fire district shall
be necessary. The planning board may, with the approval of the appropri-
ate board, completely waive any or all requirements in connection with
the installation of fire alarm signal devices including necessary
connecting facilities. When required, such installation shall be made in
accordance with standards, specifications, and procedures acceptable to
such board.
9. Performance bond or other security. (a) Furnishing of performance
bond or other security. As an alternative to the installation of infras-
tructure and improvements, as above provided, prior to planning board
approval, a performance bond or other security sufficient to cover the
full cost of the same, as estimated by the planning board or a village
department designated by the planning board to make such estimate, where
such departmental estimate is deemed acceptable by the planning board,
shall be furnished to the village by the owner.
(b) Security where plat approved in sections. In the event that the
owner shall be authorized to file the approved plat in sections, as
provided in subdivision seven of section 7-728 of this article, approval
of the plat may be granted upon the installation of the required
improvements in the section of the plat filed in the office of the coun-
ty clerk or register or the furnishing of security covering the costs of
such improvements. The owner shall not be permitted to begin
construction of buildings in any other section until such section has
been filed in the office of the county clerk or register and the
required improvements have been installed in such section or a security
covering the cost of such improvements is provided.
(c) Form of security. Any such security must be provided pursuant to a
written security agreement with the village, approved by the village
board of trustees and also approved by the village attorney as to form,
sufficiency and manner of execution, and shall be limited to: (i) a
performance bond issued by a bonding or surety company; (ii) the deposit
of funds in or a certificate of deposit issued by a bank or trust compa-
ny located and authorized to do business in this state; (iii) an irrev-
ocable letter of credit from a bank located and authorized to do busi-
ness in this state; (iv) obligations of the United States of America; or
(v) any obligations fully guaranteed as to interest and principal by the
United States of America, having a market value at least equal to the
full cost of such improvements. If not delivered to the village, such
security shall be held in a village account at a bank or trust company.
(d) Term of security agreement. Any such performance bond or security
agreement shall run for a term to be fixed by the planning board, but in
no case for a longer term than three years, provided, however, that the
term of such performance bond or security agreement may be extended by
the planning board with consent of the parties thereto. If the planning
board shall decide at any time during the term of the performance bond
or security agreement that the extent of building development that has
taken place in the subdivision is not sufficient to warrant all the
improvements covered by such security, or that the required improvements
have been installed as provided in this section and by the planning
board in sufficient amount to warrant reduction in the amount of said
security, and upon approval by the village board of trustees, the plan-
ning board may modify its requirements for any or all such improvements,
and the amount of such security shall thereupon be reduced by an appro-
priate amount so that the new amount will cover the cost in full of the
amended list of improvements required by the planning board.
(e) Default of security agreement. In the event that any required
improvements have not been installed as provided in this section within
the term of such security agreement, the village board of trustees may
thereupon declare the said performance bond or security agreement to be
in default and collect the sum remaining payable thereunder; and upon
the receipt of the proceeds thereof, the village shall install such
improvements as are covered by such security and as commensurate with
the extent of building development that has taken place in the subdivi-
sion but not exceeding in cost the amount of such proceeds.
10. Suffolk county sewer districts. If in the county of Suffolk the
plat is not entirely situate within a county, town or village sewer
district and the county department of environmental control or the coun-
ty health department shall have directed that disposal of sewage from
the plat shall be provided for by a communal sewerage system, consisting
of a treatment plant and collection system, then the Suffolk county
sewer agency shall determine, specify and direct the means and method by
which the aforesaid system shall be best provided by and at the expense
of the developer. Among the alternative means and methods the Suffolk
county sewer agency may direct, shall be: (a) that the developer, at its
own cost and expense, install, build and construct such system according
to such plans, specifications, conditions and guarantees as may be
required by the Suffolk county sewer agency, and upon satisfactory
completion thereof, the developer shall dedicate and donate same, with-
out cost to the Suffolk county sewer agency, or its nominee, and the
developer shall also petition to form a county district, but if the
Suffolk county sewer agency shall determine that a suitable complete
communal sewerage system of adequate size cannot be properly located in
the plat or is otherwise not practical, then, (b) the developer shall
install, build and construct temporary cesspools or septic tanks togeth-
er with a sewage collection system according to such plans, specifica-
tions, conditions and guarantees as may be required by the Suffolk coun-
ty sewer agency, and upon satisfactory completion thereof, the developer
shall dedicate and donate same, without cost, to the Suffolk county
sewer agency or its nominee, and in addition thereto, the agency may
also require the payment to the Suffolk county sewer agency of a sum of
money in an amount to be determined by the Suffolk county sewer agency,
and the developer shall also petition to form a county district, or (c)
the developer shall install, build and construct temporary cesspools or
septic tanks and, in addition thereto, shall pay to the Suffolk county
sewer agency a sum of money in an amount to be determined by the Suffolk
county sewer agency and the developer shall also petition to form a
county district, or (d) the developer shall provide such other means and
methods or combination thereof as the Suffolk county sewer agency may
determine, specify and direct.
Any sums paid to the Suffolk county sewer agency pursuant to any
provisions of this section, shall constitute a trust fund to be used
exclusively for a future communal sewerage system which shall be owned
and operated by a county sewer district, which district shall include
the subject plat within its bounds. Such moneys and accrued interest,
if any, when paid to such district, shall be credited over a period of
time determined by the district, pro rata, against the sewer assessment
of each tax parcel of the subject plat as may exist at the time of the
payment of such moneys and accrued interest to such district.
The useable value of any sewage collection system built under para-
graph (b), (c) or (d) of this subdivision shall be credited over a peri-
od of time determined by the district, pro rata, against the sewer
assessment of each tax parcel of the plat as may exist at the time such
system is incorporated into a county sewer district which shall include
the subject plat within its bounds.
S 7-732 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 village.
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 village 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 7-728 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. 7-734 Buildings in streets; permits; hearings; review.
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
village which has established such a board having power to make
variances or exceptions in zoning regulations shall have power in
a specific case by the vote of a majority of