§ 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
authorized its planning board to approve plats as set forth herein shall
immediately 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
regulation, 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
county clerk or register of the county in which such plat is located.
Subdivisions may be defined and delineated by local regulation, as
either "major" or "minor", with the review procedures and criteria for
each set forth in such local regulations.

(b) "Preliminary plat" means a drawing prepared in a manner prescribed
by local regulation showing the layout of a proposed 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) Coordination with the 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 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
statement has been filed in accordance with the provisions of the state
environmental quality review act. The time periods for review of a
preliminary plat shall begin upon filing of such negative declaration or
such notice of completion.

(d) Planning board as lead agency under the state environmental
quality 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
pursuant 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
statement 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 environmental 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 preliminary 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
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 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
environmental 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
environmental 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
environmental impact statement, the final environmental impact statement
shall be filed within forty-five days following the close of the public
hearing 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
decision 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
planning 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
circulation in the village at least five days before such hearing if
held independently of the hearing on the draft environmental impact
statement, or fourteen days before a hearing held jointly therewith. The
planning board may provide that the hearing be further advertised in
such manner as it deems most appropriate for full public consideration
of such 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
preliminary 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
preliminary 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
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 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
preliminary 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
coordinated 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
statement is held, the public hearing on the final 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
environmental 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
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
hearing on the final plat shall be closed upon motion of the planning
board within one hundred twenty days after it has been opened.

(3) Decision. The planning board shall make its decision on the final
plat as follows:

(a) if such board determines that the preparation of an environmental
impact statement on the final plat is not required, the planning board
shall by resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat, within sixty-two days after the date of the public hearing; or

(b) if such board 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
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 environmental impact
statement, 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
environmental 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;
decision.

(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
independently of the hearing on the draft environmental impact
statement, or fourteen days before a hearing held jointly therewith. The
planning board may provide that the hearing be further advertised in
such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed upon
motion of the 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
granting conditional or final approval of the final plat, such plat
shall be certified by the clerk of the planning board as having been
granted conditional or final approval and a copy of such resolution and
plat shall be filed in such clerk's office. A copy of the resolution
shall be mailed to the owner. In the case of a conditionally approved
plat, such resolution shall include a statement of the requirements
which when completed will authorize the signing thereof. Upon completion
of such requirements the plat shall be signed by said duly authorized
officer of the planning board and a copy of such signed plat shall be
filed in the office of the clerk of the planning board or filed with the
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
conditional 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 for 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
minimize 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
preliminary 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 preliminary 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
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. 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.