N.Y. Town Law § 274-a: Site plan review

§ 274-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 zoning 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 two hundred seventy-six 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 town board may, as part of a zoning

ordinance or local law adopted pursuant to this article or 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 zoning ordinance

or local law 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 town board in such zoning ordinance or local

law.

(b) When an authorization to approve site plans is granted by the town

board 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 provision 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 two hundred sixty-seven-b of this article, without the

necessity of a decision or determination of an administrative 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 town.

5. Waiver of requirements. The town board 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 ordinance or 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 or 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 town. Such

findings shall include an evaluation of the present and anticipated

future needs for park and recreational facilities in the town 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 town board. 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 town 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 two hundred seventy-six 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 town 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 town by

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

provisions of subdivision nine of section two hundred seventy-seven 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 town board,

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 town 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 town 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 town 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 town 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.