This article addresses procedures and standards for the review
and potential approval of a final subdivision plat in sections or
phases pursuant to Town Law §§ 276 and 277. This article
is intended to supplement, rather than to replace or supersede, the
generally prevailing procedures and standards established for subdivisions
within this chapter. Approving a final subdivision plat for filing
in sections shall be a matter of discretion of the Planning Board
rather than an entitlement of the project sponsor. The Planning Board
should not approve final plat filing in sections until and unless
it is persuaded that the manner and method of phasing or sequencing
by which it is proposed that the project shall be built out incorporates
designs, standards, temporary infrastructure, and sequencing which
assures orderly development on the site and otherwise within the Town.
The following standards shall be applied by the Planning Board
in determining whether to exercise its discretion to approve filing
of the final plat in sections or phases:
A. A subdivision must propose a minimum of 50 lots to be eligible for
approval in sections or phases.
B. The Planning Board shall not approve the filing of a final plat entailing
an inordinate and unreasonable number of sections or phases.
C. Avoidance or deferral of increased assessed valuation resulting from
the filing of a subdivision plat, and the replacement of undivided
land with subdivided lots of higher cumulative value, shall not be
a legitimate basis for pursuing approval of the filing of the final
plat in sections or phases.
D. Where the project sponsor proposes filing in sections or phases to
mitigate purported difficulty or impossibility of obtaining financing
or bonding of internal public improvements or infrastructure proposed
as components of the project, the Planning Board shall require the
project sponsor to submit probative and specific information concerning
applications to lending institutions or bonding companies, and the
results of such financing efforts bearing upon the need and justification
for phasing for this reason. The Planning Board shall consider this
information as one factor, but not the exclusive factor, in determining
whether to approve the filing of the final plat in phases or sections.
E. The Planning Board shall examine whether any part or component of
the internal utility infrastructure of the subdivision may constitute
a likely and desirable component of a general Town goal or policy
to extend that utility service outward and beyond the boundary of
the project. In the event that this circumstance exists, the Planning
Board may condition the filing of sections or phases upon the timely
completion and dedication to the Town of the relevant aspect of utility
infrastructure within a designated timeframe which reasonably promotes
the Town's goals and policies to extend such utility infrastructure.
F. The Planning Board shall not allow the project sponsor to defer elements
of public benefit, such as, but not limited to, recreational opportunities
or dedication of parkland, enhancements to public infrastructure,
or public safety improvements, either generated on-site or as off-site
mitigation measures, through the process of filing of the final plat
in sections or phases.
G. When the subdivision approval or binding commitments made between
the project sponsor and the Town call for the formation of a special
improvement district under Article 12 or 12-A of this state's
Town Law, or an improvement area under Article 12-C of this state's
Town Law, the Planning Board shall condition the approval of filing
of the final plat in sections or phases upon the project sponsor's
consent and cooperation in establishing such entities with boundaries
coterminus to the overall boundaries of the final subdivision, as
distinct from separate and sequential establishment of such entities
linked to the filing of phases or sections. Notwithstanding the foregoing,
the Planning Board may waive this requirement, where there are no
adverse consequences to quantitative or qualitative stormwater management,
in order to allow sequential establishment of stormwater maintenance
districts or district extensions linked to the filing of sections
or phases upon such conditions as the Planning Board shall establish.
H. Approval of the filing of the final plat in phases or sections shall
be conditioned upon the project sponsor's, and owner's if
different than project sponsor, consent(s) to application of the relevant
benefit assessment formula or ad valorem formula, whichever is applicable
to a special district or improvement area to cover the project, to
each lot laid out on the overall approved subdivision as distinct
from treating lots shown on unfiled phased plats or sections as undivided
land pending filing of the applicable phase or section map covering
such lots with the County Clerk.
I. The Planning Board shall not approve the filing of the final plat
in sections or phases unless it concludes that each phase is designed
and laid out to be capable of standing independently, or in combination
with earlier filed sections or phases, in terms of sound management
of all infrastructure issues, environmental impacts and mitigation,
safe access for emergency situations, stormwater management, grading,
and other appropriate details and specifications promoting public
health, safety and welfare as otherwise set forth in this chapter.
J. Where the project sponsor proposes temporary or interim accommodations
for a portion of the scope of internal road improvements as part of
the phasing plan, and where such interim accommodations fall short
of generally prevailing local regulations or specifications of the
Town for such interim improvements but are found by the Planning Board
and the Highway Superintendent to be acceptable and not inconsistent
with public health, safety and welfare, the Planning Board and the
Highway Superintendent mutually shall be empowered to waive strict
application of such regulations or specifications, but only to the
minimum extent possible and only for a fixed, limited and defined
period of time before replacement with permanent improvements complying
with the local regulations and specifications which were waived. The
Planning Board shall impose conditions which assure compliance by
the project sponsor.
K. In the event that the Planning Board determines that the subdivision
should be subject to payment of recreation fees in lieu of dedication
of parkland, the project sponsor shall be required to follow the Town
Board policy and fee schedule for recreation fees for subdivisions
approved for filing in phases or sections, and the Planning Board
shall impose such compliance as a condition of approval.
The Planning Board shall have discretion to approve, disapprove,
or approve with conditions any request by a project sponsor to file
the final plat in sections or phases. Without limitation to the foregoing
authority to condition the approval, the Planning Board shall be empowered
to determine and impose conditions dealing with the proper sequencing
of phases and infrastructure. Where reasonable and necessary to promote
public health, safety and welfare, infrastructure designed to service
any particular phase or section may be required by the Planning Board
to be constructed and dedicated to the Town in advance of the filing
of the phased plat for such section.
Offers of cession or dedication, covering all interests in real
property to be conveyed to the Town for public purpose, as shown on
the overall approved subdivision final plat, shall be delivered in
acceptable form to the Town by the project sponsor as a condition
of the resolution of final approval by the Planning Board, and there
shall be no deferral of offers of cession or dedication of real property
due to phasing of the subdivision.