§ 33. Subdivision review; approval of plats; additional requisites. 1.
Purpose. Before the approval by the planning board of a plat showing
lots, blocks or sites, with or without streets or highways, or the
approval of a plat already filed in the office of the clerk of the
county wherein such plat is situated if the plat is entirely or
partially undeveloped, the planning board shall require that the land
shown on the plat be of such character that it can be used safely for
building purposes without danger to health or peril from fire, flood,
drainage or other menace to neighboring properties or the public health,
safety and welfare.

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

(a) the streets and highways be of sufficient width and suitable grade
and shall be suitably located to accommodate the prospective traffic, to
afford adequate light and air, to facilitate fire protection, and to
provide access of firefighting equipment to buildings. If there be an
official map or city comprehensive plan, such streets and highways shall
be coordinated so as to compose a convenient system conforming to the
official map and properly related to the proposals shown in the
comprehensive plan of the city;

(b) suitable monuments be placed at block corners and other necessary
points as may be required by the board and the location thereof is shown
on the map of such plat;

(c) all streets and other public places shown on such plats be
suitably graded and paved; street signs, sidewalks, street lighting
standards, curbs, gutters, street trees, water mains, fire alarm signal
devices (including necessary ducts and cables or other connecting
facilities), sanitary sewers and storm drains be installed all in
accordance with standards, specifications and procedures acceptable to
the appropriate city departments except as hereinafter provided, or
alternatively that a performance bond or other security be furnished to
the city as hereinafter provided.

3. Compliance with zoning regulations. Where a zoning ordinance or
local law has been adopted by the city, the plots shown on said plat
shall at least comply with the requirements thereof subject, however, to
the provisions of section thirty-seven of this article.

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

(b) Land for park, playground or other recreational purposes may not
be required until the planning board has made a finding that a proper
case exists for requiring that a park or parks be suitably located for
playgrounds or other recreational purposes within the city. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the city based on
projected population growth to which the particular subdivision plat
will contribute.

(c) In the event the planning board makes a finding pursuant to
paragraph (b) of this subdivision that the proposed subdivision plat
presents a proper case for requiring a park or parks suitably located
for playgrounds or other recreational purposes, but that a suitable park
or parks of adequate size to meet the requirement cannot be properly
located on such subdivision plat, the planning board may require a sum
of money in lieu thereof, in an amount to be established by the
legislative body of the city. In making such determination of
suitability, the board shall assess the size and suitability of land
shown on the subdivision plat which could be possible locations for park
or recreational facilities, as well as practical factors including
whether there is a need for additional facilities in the immediate
neighborhood. Any money required by the planning board in lieu of land
for park, playground or other recreational purposes, pursuant to the
provisions of this section, shall be deposited into a trust fund to be
used by the city exclusively for park, playground or other recreational
purposes, including the acquisition of property.

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

6. Application for area variance. Notwithstanding any provision of law
to the contrary, where a plat contains one or more lots which do not
comply with the zoning local law or ordinance, application may be made
to the zoning board of appeals for an area variance pursuant to section
eighty-one-b of this chapter, without the necessity of a decision or
determination of an administrative official charged with the enforcement
of the zoning regulations. In reviewing such application the zoning
board of appeals shall request the planning board to provide a written
recommendation concerning the proposed variance.

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

8. Performance bond or other security. (a) Furnishing of performance
bond or other security. As an alternative to the installation of
infrastructure and improvements, as above provided, prior to planning
board approval, a performance bond or other security sufficient to cover
the full cost of the same, as estimated by the planning board or a city
department designated by the planning board to make such estimate, where
such departmental estimate is deemed acceptable by the planning board,
shall be furnished to the city by the owner.

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

(c) Form of security. Any such security must be provided pursuant to a
written security agreement with the city, approved by the legislative
body of the city and also approved by the city attorney as to form,
sufficiency and manner of execution, and shall be limited to: (i) a
performance bond issued by a bonding or surety company; (ii) the deposit
of funds in, or a certificate of deposit issued by, a bank or trust
company located and authorized to do business in this state; (iii) an
irrevocable letter of credit from a bank located and authorized to do
business in this state; (iv) obligations of the United States of
America; or (v) any obligations fully guaranteed as to interest and
principal by the United States of America, having a market value at
least equal to the full cost of such improvements. If not delivered to
the city, such security shall be held in a city account at a bank or
trust company.

(d) Term of security agreement. Any such performance bond or security
agreement shall run for a term to be fixed by the planning board, but in
no case for a longer term than three years, provided, however, that the
term of such performance bond or security agreement may be extended by
the planning board with consent of the parties thereto. If the planning
board shall decide at any time during the term of the performance bond
or security agreement that the extent of building development that has
taken place in the subdivision is not sufficient to warrant all the
improvements covered by such security, or that the required improvements
have been installed as provided in this section and by the planning
board in sufficient amount to warrant reduction in the amount of said
security, and upon approval by the legislative body of the city, the
planning board may modify its requirements for any or all such
improvements, and the amount of such security shall thereupon be reduced
by an appropriate amount so that the new amount will cover the cost in
full of the amended list of improvements required by the planning board.

(e) Default of security agreement. In the event that any required
improvements have not been installed as provided in this section within
the term of such security agreement, the legislative body of the city
may thereupon declare the said performance bond or security agreement to
be in default and collect the sum remaining payable thereunder; and upon
the receipt of the proceeds thereof, the city shall install such
improvements as are covered by such security and as commensurate with
the extent of building development that has taken place in the
subdivision but not exceeding in cost the amount of such proceeds.