N.Y. General City Law § 27-a: Site plan review

§ 27-a. Site plan review. 1. Definition of site plan. As used in this

section the term "site plan" shall mean a rendering, drawing, or sketch

prepared to specifications and containing necessary elements, as set

forth in the applicable ordinance or local law, which shows the

arrangement, layout and design of the proposed use of a single parcel of

land as shown on said plan. Plats showing lots, blocks or sites which

are subject to review pursuant to authority provided for the review of

subdivisions under section thirty-two of this article shall continue to

be subject to such review and shall not be subject to review as site

plans under this section.

2. Approval of site plans. a. The legislative body of each city may,

as part of a zoning ordinance or local law adopted pursuant to

subdivisions twenty-four and twenty-five of section twenty of this

chapter or by local law or ordinance adopted pursuant to other enabling

law, authorize the planning board or such other administrative body that

it shall so designate, to review and approve, approve with modifications

or disapprove site plans, prepared to specifications set forth in the

ordinance or local law and/or in regulations of such authorized board.

Site plans shall show the arrangement, layout and design of the proposed

use of the land on said plan. The ordinance or local law shall specify

the land uses that require site plan approval and the elements to be

included on plans submitted for approval. The required site plan

elements which are included in the local law or ordinance may include,

where appropriate, those related to parking, means of access, screening,

signs, landscaping, architectural features, location and dimensions of

buildings, adjacent land uses and physical features meant to protect

adjacent land uses as well as any additional elements specified by the

legislative body in such zoning ordinance or local law.

b. When an authorization to approve site plans is granted by the

legislative body pursuant to this section, the terms thereof may

condition the issuance of a building permit upon such approval.

3. Application for area variance. Notwithstanding any provisions of

law to the contrary, where a proposed site plan contains one or more

features which do not comply with the zoning regulations, application

may be made to the zoning board of appeals for an area variance pursuant

to section eighty-one-b of article five-a of this chapter without the

necessity of a decision or determination of an administration official

charged with the enforcement of the zoning regulations.

4. Conditions attached to the approval of site plans. The authorized

board shall have the authority to impose such reasonable conditions and

restrictions as are directly related to and incidental to a proposed

site plan. Upon its approval of said site plan, any such conditions must

be met in connection with the issuance of permits by applicable

enforcement agents or officers of the city.

5. Waiver of requirements. The legislative body may further empower

the authorized board to, when reasonable, waive any requirements for the

approval, approval with modifications or disapproval of site plans

submitted for approval. Any such waiver, which shall be subject to

appropriate conditions set forth in the local law adopted pursuant to

this section, may be exercised in the event any such requirements are

found not to be requisite in the interest of the public health, safety

and general welfare or inappropriate to a particular site plan.

6. Reservation of parkland on site plans containing residential units.

a. Before such authorized board may approve a site plan containing

residential units, such site plan shall also show, when required by such

board, a park or parks suitably located for playground or other

recreational purposes.

b. Land for park, playground or other recreational purposes may not be

required until the authorized board has made a finding that a proper

case exists for requiring that a park or parks be suitably located for

playgrounds or other recreational purposes within the city. Such

findings shall include an evaluation of the present and anticipated

future needs for park and recreational facilities in the city based on

projected population growth to which the particular site plan will

contribute.

c. In the event the authorized board makes a finding pursuant to

paragraph b of this subdivision that the proposed site plan presents a

proper case for requiring a park or parks suitably located for

playgrounds or other recreational purposes, but that a suitable park or

parks of adequate size to meet the requirement cannot be properly

located on such site plan, the authorized board may require a sum of

money in lieu thereof to be established by the legislative body. In

making such determination of suitability, the board shall assess the

size and suitability of lands shown on the site plan which could be

possible locations for park or recreational facilities, as well as

practical factors including whether there is a need for additional

facilities in the immediate neighborhood. Any monies required by the

authorized board in lieu of land for park, playground or other

recreational purposes, pursuant to the provisions of this section, shall

be deposited into a trust fund to be used by the city exclusively for

park, playground or other recreational purposes, including the

acquisition of property.

d. Notwithstanding the foregoing provisions of this subdivision, if

the land included in a site plan under review is a portion of a

subdivision plat which has been reviewed and approved pursuant to

section thirty-two of this article, the authorized board shall credit

the applicant for any land set aside or money donated in lieu thereof

under such subdivision plat approval. In the event of resubdivision of

such plat, nothing shall preclude the additional reservation of parkland

or money donated in lieu thereof.

7. Performance bond or other security. As an alternative to the

installation of required infrastructure and improvements, prior to

approval by the authorized board, a performance bond or other security

sufficient to cover the full cost of the same, as estimated by the

authorized board or a city department designated by the authorized board

to make such estimate, where such departmental estimate is deemed

acceptable by the authorized board, shall be furnished to the city by

the owner. Such security shall be provided to the city pursuant to the

provisions of subdivision eight of section thirty-three of this article.

8. Public hearing and decision on site plans. In the event a public

hearing is required by ordinance or local law adopted by the legislative

body, the authorized board shall conduct a public hearing within

sixty-two days from the day an application is received on any matter

referred to it under this section. The authorized board shall mail

notice of said hearing to the applicant at least ten days before said

hearing and shall give public notice of said hearing in a newspaper of

general circulation in the city at least five days prior to the date

thereof and shall make a decision on the application within sixty-two

days after such hearing, or after the day the application is received if

no hearing has been held. The time within which the authorized board

must render its decision may be extended by mutual consent of the

applicant and such board. The decision of the authorized board shall be

filed in the office of the city clerk within five business days after

such decision is rendered, and a copy thereof mailed to the applicant.

Nothing herein shall preclude the holding of a public hearing on any

matter on which a public hearing is not so required.

9. Notice to county planning board or agency or regional planning

council. At least ten days before such hearing, the authorized board

shall mail notices thereof to the county planning board or agency or

regional planning council, as required by section two hundred

thirty-nine-m of the general municipal law, which notice shall be

accompanied by a full statement of such proposed action, as defined in

subdivision one of section two hundred thirty-nine-m of the general

municipal law. In the event a public hearing is not required, such

proposed action shall be referred before final action is taken thereon.

10. Compliance with state environmental quality review act. The

authorized board shall comply with the provisions of the state

environmental quality review act under article eight of the

environmental conservation law and its implementing regulations.

11. Court review. Any person aggrieved by a decision of the authorized

board or any officer, department, board or bureau of the city may apply

to the supreme court for review by a proceeding under article

seventy-eight of the civil practice law and rules. Such proceedings

shall be instituted within thirty days after the filing of a decision by

such board in the office of the city clerk. The court may take evidence

or appoint a referee to take such evidence as it may direct, and report

the same, with findings of fact and conclusions of law, if it shall

appear that testimony is necessary for the proper disposition of the

matter. The court shall itself dispose of the matter on the merits,

determining all questions which may be presented for determination.

12. Costs. Costs shall not be allowed against the authorized board

unless it shall appear to the court that it acted with gross negligence,

in bad faith, or with malice in making the decision appealed from.

13. Preference. All issues addressed by the court in any proceeding

under this section shall have preference over all civil actions and

proceedings.

14. Applicability. This section shall not apply to any city having a

population of more than one million.