Posted by: Patricia Salkin | December 10, 2011

New Statute in New York Permits Extensions of Conditional Approval of Final Plats

A new law in New York amends General City Law 32-7 and Village Law 7-728-7(c ) to permit city and village planning boards to grant more than 2 extensions of conditional approval of final plats if warranted by the particular circumstances. Conditional approval of a final plat expires after 180 days, with a maximum of two (2) ninety day extensions. This new law 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. According to the sponsor’s memo, “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.  The municipality 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 municipality, the planning board should have the appropriate discretion.” The new law was enacted on September 23, 2011 and took effect immediately.

Chapter 561 of the NY Laws of 2011 – A.7654(Lavine)/S.4226 (Lanza)

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