Posted by: Patricia Salkin | October 9, 2010

New Law in NY Allows Planning Boards to Extend Conditional Approvals of Subdivisions

On September 17, 2010 Governor Paterson signed into law Senate Bill 7241, which removes the restriction from New York Town Law § 276(7)(c) that a final plat can only be approved for a 180 day period with a maximum of two 90 day extensions.

The amended § 276(7)(c) now allows a planning board to extend conditional final approval for additional 90 day periods “if such extension is warranted by the particular circumstances.”

Under prior law, conditional approval of the final plat expired after 180 days, with a maximum of two (2) ninety day extensions. This new law simply gives the planning board the discretion, upon a determination that it is warranted, to extend the duration of the conditional approval of the final plat. 

As noted as justification for the Bill 7241, 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, especially when a planning board 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 to grant additional extensions. 

The bill text can be accessed at: http://assembly.state.ny.us/leg/?bn=S07241

Thanks to Dominic Cordisco for sending this alert along.


Responses

  1. I should have pointed out that New York did NOT make the same amendment to similar provisions governing city and village planning boards. Which was unfortunate.

  2. Does this new Town Law Bill S07241 mean that prior to this amendment,
    Town Planning Boards [could not or have authority to] continue give six (6) month extensions to their Conditional Approvals to PUD subdivisions ?
    How many times can a Town Planning Board give six (6) month (180 days)
    extensions and what written requirements or by-resolution are need for
    extensions ?
    If such subdivision Planning Board approved now has flooding environmental
    issues (Hurricane Irene 8/28/11) can the extension be denied by the Planning Board ?

  3. Does this new Town Law Bill S07241 mean that prior to this amendment.
    Town Planning Boards [could not or have authority] to continue give six (6) month extensions to their Conditional Approvals to PUD subdivisions?
    How many times can a Town Planning Board give six (6) month (180 days) extensions and what written requirements or by-resolution are needed for extensions ?
    If such subdivision Planning Board approved now has flooding environmental issues (Hurricane Irene 8/28/11), can the extension be denied by the Town Planning Board ?


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