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(b) "Preliminary plat" means a drawing prepared in a manner prescribed by local regulation showing the layout of a proposed subdivision including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as local regulation may require.

(c) "Preliminary plat approval" means the approval of the layout of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the provisions of this section.

(d) "Final plat" means a drawing prepared in a manner prescribed by local regulation that shows a proposed subdivision, containing in such additional detail as shall be provided by local regulation all information required to be shown on a preliminary plat and the modifications, if any, required by the planning board at the time of approval of the preliminary plat if such preliminary plat has been so approved.

(e) "Conditional approval of a final plat" means approval by a planning board of a final plat subject to conditions set forth by the planning board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the planning board and recording of the plat in the office of the county clerk or register as herein provided.

(f) "Final plat approval" means the signing of a plat in final form by a duly authorized officer of a planning board pursuant to a planning board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the county clerk or register in the county in which such plat is located.

5. Approval of preliminary plats. (a) Submission of preliminary plats. All plats shall be submitted to the planning board for approval in final form provided, however, that where the planning board has been authorized to approve preliminary plats, the owner may submit or the planning board may require that the Owner submit a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this section. (b) Public hearing on preliminary plats. The planning board shall hold a public hearing within sixty-two days after the receipt of a plete preliminary plat by the clerk of the planning board. Such hearing shall be advertised at least once in a newspaper of general circulation in the village at least five days before such hearing. The planning board may provide that the hearing be further advertised in such as it deems most appropriate for full public consideration of such preliminary plat.

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(c) Approval of preliminary plat. The planning board shall approve, with or without modification, or disapprove such preliminary plat within sixty-two days after the public hearing. The ground for a modification, if any, or the ground for disapproval shall be stated upon the records of the planning board. Notwithstanding the foregoing provisions of this subdivision, the period in which a planning board must take action on such preliminary plat may be extended by mutual consent of the owner and 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.

(d) Filing of preliminary plat. Within five days of the approval of such preliminary plat it shall be certified by the clerk of the planning board as having been granted preliminary approval, a copy filed in the clerk's office, and a certified copy mailed to the owner.

(e) 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.

(f) Default approval of preliminary plat. In the event a planning board fails to take action on a preliminary plat within the time prescribed therefor, such preliminary plat shall be deemed granted preliminary approval. The certificate of the clerk of the town as to the date of submission, and the failure of the planning board to take action within such prescribed time, shall be issued on demand and shall be suf ficient in lieu of written endorsement or other evidence of approval herein required.

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6. Approval of final plats. (a) Submission of final plats. Final plats shall conform to the definition provided by this section.

(b) Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the planning board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the planning board shall by resolution conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within sixty-two days of its receipt by the clerk of the planning board.

(c) Final plats which are not in substantial agreement with approved preliminary plats. 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, the following shall apply: (i) Final plats not in substantial agreement with approved preliminary plats may require further review under the state environmental

quality

review act.

(ii) The planning board shall hold a public hearing on such final plat not later than sixty-two days after the receipt of the final plat. The hearing shall be advertised at least once in a newspaper of general circulation in the village at least five days before such hearing.

(iii) 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. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the planning board. Notwithstanding the foregoing provisions of this subdivision, the period in which a planning board must take action on such final plat may be extended by mutual consent of the owner and the planning board.

(d) Final plats when no preliminary plat is required to be submitted. When no preliminary plat is required to be submitted, the following shall apply:

(i) Such plat shall be clearly marked "final plat" and shall conform to the definition provided by this section. The planning board shall hold a public hearing within sixty-two days after the receipt of a complete final plat by the clerk or the planning board. Such hearing shall be advertised at least once in a newspaper of general circulation in the village at least five days before such hearing. 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. (ii) The planning board shall hold a public hearing within sixty-two days after the receipt of a complete final plat by the clerk of the planning board. Such hearing shall be advertised at least once in a newspaper of general circulation in the village at least five days before such hearing. 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.

(iii) 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. The ground for modification, if any, or the ground for disapproval shall be stated upon the records of the planning board.

(e) Extension of time. Notwithstanding the foregoing provisions of this subdivision, the time in which a planning board must take action on such plat may be extended by mutual consent of the owner and the planning board.

(f) Approval by default. In the event a planning board fails to take action on a final plat within the time prescribed herein, or for such extended period established by the mutual consent of the owner and the planning board, the plat shall be deemed approved and a certificate of the clerk of the village as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.

7. Conditional approval of final plats. (a) Certification of plat. Upon resolution granting conditional approval of a final plat, the planning board shall empower a duly authorized officer to sign the plat sub

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EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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ject to completion of any requirements as may be stated resolution. Within five days of such resolution the plat shall be certified by the clerk of the planning board as conditionally approved and a copy filed in such clerk's office. A copy of the resolution shall be mailed to the owner, which copy shall include a statement of such requirements which when completed will authorize the signing of the conditionally approved final plat.

(b) Duration of approval. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the planning board. Conditional approval of a final plat shall expire within one hundred eighty days after the date of the resolution granting conditional approval unless such requirements have been certified as completed.

8. Extension of time. Notwithstanding the foregoing provisions of this section, the planning board may extend the time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such extension is warranted by the particular circumstances thereof, which time shall not exceed two additional periods of ninety days each.

9. Approval of plat in sections. In granting conditional or final approval of plat in final form, the planning board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to insure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the planning board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the planning board.

10. Notice to county planning agency. When a county planning agency 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 agency as provided in that section.

11. Expiration of approval. The signature of the duly authorized officer of the planning board constituting final approval by the planning board of a plat as herein provided; or the approval by such board of the development of a plat or plats already filed in the office of the county clerk or register of the county in which such plat or plats are located if such plats are entirely or partially undeveloped; or the certificate of the 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, shall expire within sixty-two days from the date of such approval, or from the date such certificate is issued, unless within such sixty-two day period such plat or a section thereof shall have been duly filed or recorded by the Owner in the office of the county clerk or register. 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.

13. Compliance with state environmental quality review act. The planning board shall comply with the provisions of the state environmental quality review act under article eight of the environmental conservation

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§ 6. Section 7-730 of the village law is repealed and a new section 7-730 is added to read as follows:

§ 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 county wherein such plat is situated if the plat is entirely or partially undeveloped, the planning board shall require that the land shown on the plat be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, drainage or

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other menace to neighboring properties or the public health, safety and

welfare.

2. Additional requirements. The planning board shall also require that:

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(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 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, the provisions of section 7-738 of this article.

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4. Reservation of parkland on subdivision plats containing residential units. (a) Before the planning board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes.

(b) Land for park, playground or other recreational purposes may not be required until the planning board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the 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 paragraph (b) of this subdivision that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the planning board may require a sum of money in lieu thereof, in an amount to be established by the village board of trustees. In making such determination of suitability, the board shall assess the size and suitably* of land shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any 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 exclusively for park, playground or other recreational purposes, including the acquisition of property.

5. Character of the development. In making such determination regarding streets, highways, parks and required improvements, the planning board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or

industrial.

6. Application for area variance. Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning local law regulations, application may be made to the zoning board of appeals for an area variance pursuant to section

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EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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. In reviewing such application the zoning board of appeals shall request the planning board to provide a written recommendation concerning the proposed variance.

7. Waiver of requirements. The planning board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.

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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 sixtyfour of the town law, (b) the board of supervisors or legislative body 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 commissioners of the village in any other case unless the installation 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 accordance with standards, specifications, and procedures acceptable to such board.

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9. Performance bond or other security. (a) Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements, as above provided, prior to planning board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the planning board or a 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.

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(b) Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, provided in subdivision ten 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 county clerk or register or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the county clerk or register and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.

(c) Form of security. Any such security must be provided pursuant to a written security agreement with the 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 company located and authorized to do business in this state; (iii) an irrevocable letter of credit from a bank located and authorized to do business in this state; (iv) obligations of the United States of America; or (v) any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the 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

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performance bond 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

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