N.Y. Village Law § 7-725-a: Site plan review

§ 7-725-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 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 7-728 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 village board of trustees may, as

part of a 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

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 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 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 village board of

trustees in such local law.

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

village board of trustees 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, applications

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

to section 7-712-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 village.

5. Waiver of requirements. The village board of trustees 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

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 village. Such

findings shall include an evaluation of the present and anticipated

future needs for park and recreational facilities in the village 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 requirements 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 village board of

trustees. 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 village 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, 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 village 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 village by

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

the provisions of subdivision nine of section 7-730 of this article.

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

hearing is required by local law adopted by the village board of

trustees, 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 such

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

general circulation in the village 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 village 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 village 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 village 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.