New York State law and local government statutes contain a plethora of deadlines that municipalities must meet when considering zoning-related applications from developers or other property owners. Under state law,1 when a local government fails to issue a decision on a land use application within the required time, the aggrieved party’s only remedy is to compel a decision by commencing a mandamus action under Article 78—except in one situation. The sole exception is the “default” approval of subdivision applications.2
The Law
Town Law §276(5) provides, for example, that where a town planning board is the lead agency under the New York State Environmental Quality Review Act (SEQRA)3 and it determines that preparation of an environmental impact statement (EIS) on a “preliminary plat” (i.e., the drawing showing the layout of a proposed subdivision) is not required, it must hold a public hearing within 62 days after receiving a complete preliminary plat and it must make its decision within 62 days after the close of the public hearing. Town Law §276(5) contains similar deadlines where a town planning board determines that an EIS is required and where a town planning board is not the lead agency. Town Law §276(6) also has deadlines for approval of a “final plat” (i.e., the drawing showing the layout of a proposed subdivision with the modifications, if any, required by the planning board at the time it approved the preliminary plat).
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