“This publication describes the subdivision review process in New York. Subdivision review is a technique that controls how a parcel of land is divided into smaller lots, how those lots are laid out, how the infrastructure serving the lots is installed and how any parks or open spaces are situated on the tract. In New York, the subdivision of land is primarily regulated at the local level.
In the 1920s, municipalities in New York were statutorily authorized to review and control the subdivision of land.1 Since that time, countless subdivisions have been reviewed by planning boards and many court decisions about subdivisions have been rendered. In the early 1990’s, the State Legislature authorized the Joint Legislative Commission on Rural Resources to develop recommendations for recodifying the State laws dealing with zoning and planning in light of changing times and precedential court decisions. In 1992, the provisions concerning subdivision review in the Town Law and the Village Law were substantially revised as a result.2 Three years later, the State Legislature enacted similar legislation for cities.3
Subdivision of land is often the engine that drives development in a community. The purpose of subdivision control is “to provide for future growth and development, afford adequate facilities for housing, transportation, distribution, comfort, convenience, safety, health and welfare of its
population.”4 Whether subdivisions will be pleasant places to live, have parks, playgrounds or other recreational areas, have adequate streets and sidewalks for residents is within the purview of the planning board’s review of subdivision plats.
Subdivision and Zoning
It is important to distinguish subdivision approval from the other major land use control – zoning. While zoning and subdivision control are entirely separate and distinct parts of the planning implementation process, they complement each other, and taken together can ensure well-ordered development. Both are exercises of a municipality’s “police power.” Zoning has as its principal purpose the prescription of what land may be used for. Zoning accomplishes this by establishing different districts and providing for permissible uses in each (e.g., residential, commercial, industrial). Subdivision control, however, is concerned with how land is used – i.e., it attempts to ensure that when development does occur, it will be accompanied by adequate services and facilities.
The Appellate Division has spelled out the dichotomy between the two land use techniques: Subdivision control attempts to guide the systematic development of a community or area while “encouraging the provision of adequate facilities for the housing, distribution, comfort and convenience of local residents” (Matter of Golden v. Planning Board of Town of Ramapo, supra, 30 N.Y.2d at 372, 334 N.Y.S.2d 138, 285 N.E.2d 291). It “reflects a legislative judgment that the building up of unimproved and undeveloped areas ought to be accompanied by provision for roads and streets and other essential facilities to meet the basic needs of the new residents of the area” (Matter of Brous v. Smith, 304 N.Y. 164, 169, 106 N.E.2d 503). Subdivision control is aimed at protecting the community from an uneconomical development of land, and assuring persons living in the area where the subdivision is sought that there will be adequate streets, sewers, water supply, and other essential services (2 Anderson, New York Zoning Law and Practice §21.91, at 64 [3rd Ed] ).“
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Coon, James. Local Government Series, Department of State February 2015.