Relates to extentions of conditional approval of subdivision plats.
TITLE OF BILL: An act to amend the town law, in relation to conditional approval of a final plat
PURPOSE OR GENERAL IDEA OF BILL: To authorize the town planning board to extend conditional approval of a final plat if such extension is warranted by the particular circumstances.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Town Law S276-7 (c) to permit the town planning board to extend conditional final approval of a final plat for periods of ninety days if such extension is warranted by the particular circumstances.
Section 2 sets forth the immediate effective date.
JUSTIFICATION: Under current law, conditional approval of the final plat expires after 180 days, with a maximum of two (2) ninety day extensions. This bill would simply give the planning board the discretion, upon a determination that it is warranted, to extend the duration of the conditional approval of the final plat. The current economic climate, combined with the difficulty in obtaining project financing in many cases, argues for giving the planning board the discretion to extend conditional approval of the final plat. There are already significant hurdles and expenses generated in residential development which should not be compounded.because of a time limitation that would effectively terminate a project.
There are no positive consequences for the town if a project either fails or is required to reset. The town has made a significant investment in reviewing the project and generating the conditions required for approval of the plat. If additional time is required with no negative consequences to the town, the planning board should have the appropriate discretion.
PRIOR LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act would take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 10422 IN ASSEMBLY March 25, 2010 ___________Introduced by M. of A. HOYT -- read once and referred to the Committee on Local Governments AN ACT to amend the town law, in relation to conditional approval of a final plat THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 7 of section 276 of the town law, as amended by chapter 486 of the laws of 1994, is amended to read as follows: (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]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 exten- sion is warranted by the particular circumstances. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16562-01-0