§ 27-A — Site plan review

§ 27-a. Site plan review. 1. Definition of site plan. As used in this\nsection the term "site plan" shall mean a rendering, drawing, or sketch\nprepared to specifications and containing necessary elements, as set\nforth in the applicable ordinance or local law, which shows the\narrangement, layout and design of the proposed use of a single parcel of\nland as shown on said plan. Plats showing lots, blocks or sites which\nare subject to review pursuant to authority provided for the review of\nsubdivisions under section thirty-two of this article shall continue to\nbe subject to such review and shall not be subject to review as site\nplans under this section.\n 2. Approval of site plans. a. The legislative body of each city may,\nas part of a zoning ordinance or local law adopted pursuant to\nsubdivisions twenty-four and twenty-five of section twenty of this\nchapter or by local law or ordinance adopted pursuant to other enabling\nlaw, authorize the planning board or such other administrative body that\nit shall so designate, to review and approve, approve with modifications\nor disapprove site plans, prepared to specifications set forth in the\nordinance or local law and/or in regulations of such authorized board.\nSite plans shall show the arrangement, layout and design of the proposed\nuse of the land on said plan. The ordinance or local law shall specify\nthe land uses that require site plan approval and the elements to be\nincluded on plans submitted for approval. The required site plan\nelements which are included in the local law or ordinance may include,\nwhere appropriate, those related to parking, means of access, screening,\nsigns, landscaping, architectural features, location and dimensions of\nbuildings, adjacent land uses and physical features meant to protect\nadjacent land uses as well as any additional elements specified by the\nlegislative body in such zoning ordinance or local law.\n b. When an authorization to approve site plans is granted by the\nlegislative body pursuant to this section, the terms thereof may\ncondition the issuance of a building permit upon such approval.\n 3. Application for area variance. Notwithstanding any provisions of\nlaw to the contrary, where a proposed site plan contains one or more\nfeatures which do not comply with the zoning regulations, application\nmay be made to the zoning board of appeals for an area variance pursuant\nto section eighty-one-b of article five-a of this chapter without the\nnecessity of a decision or determination of an administration official\ncharged with the enforcement of the zoning regulations.\n 4. Conditions attached to the approval of site plans. The authorized\nboard shall have the authority to impose such reasonable conditions and\nrestrictions as are directly related to and incidental to a proposed\nsite plan. Upon its approval of said site plan, any such conditions must\nbe met in connection with the issuance of permits by applicable\nenforcement agents or officers of the city.\n 5. Waiver of requirements. The legislative body may further empower\nthe authorized board to, when reasonable, waive any requirements for the\napproval, approval with modifications or disapproval of site plans\nsubmitted for approval. Any such waiver, which shall be subject to\nappropriate conditions set forth in the local law adopted pursuant to\nthis section, may be exercised in the event any such requirements are\nfound not to be requisite in the interest of the public health, safety\nand general welfare or inappropriate to a particular site plan.\n 6. Reservation of parkland on site plans containing residential units.\na. Before such authorized board may approve a site plan containing\nresidential units, such site plan shall also show, when required by such\nboard, a park or parks suitably located for playground or other\nrecreational purposes.\n b. Land for park, playground or other recreational purposes may not be\nrequired until the authorized board has made a finding that a proper\ncase exists for requiring that a park or parks be suitably located for\nplaygrounds or other recreational purposes within the city. Such\nfindings shall include an evaluation of the present and anticipated\nfuture needs for park and recreational facilities in the city based on\nprojected population growth to which the particular site plan will\ncontribute.\n c. In the event the authorized board makes a finding pursuant to\nparagraph b of this subdivision that the proposed site plan presents a\nproper case for requiring a park or parks suitably located for\nplaygrounds or other recreational purposes, but that a suitable park or\nparks of adequate size to meet the requirement cannot be properly\nlocated on such site plan, the authorized board may require a sum of\nmoney in lieu thereof to be established by the legislative body. In\nmaking such determination of suitability, the board shall assess the\nsize and suitability of lands shown on the site plan which could be\npossible locations for park or recreational facilities, as well as\npractical factors including whether there is a need for additional\nfacilities in the immediate neighborhood. Any monies required by the\nauthorized board in lieu of land for park, playground or other\nrecreational purposes, pursuant to the provisions of this section, shall\nbe deposited into a trust fund to be used by the city exclusively for\npark, playground or other recreational purposes, including the\nacquisition of property.\n d. Notwithstanding the foregoing provisions of this subdivision, if\nthe land included in a site plan under review is a portion of a\nsubdivision plat which has been reviewed and approved pursuant to\nsection thirty-two of this article, the authorized board shall credit\nthe applicant for any land set aside or money donated in lieu thereof\nunder such subdivision plat approval. In the event of resubdivision of\nsuch plat, nothing shall preclude the additional reservation of parkland\nor money donated in lieu thereof.\n 7. Performance bond or other security. As an alternative to the\ninstallation of required infrastructure and improvements, prior to\napproval by the authorized board, a performance bond or other security\nsufficient to cover the full cost of the same, as estimated by the\nauthorized board or a city department designated by the authorized board\nto make such estimate, where such departmental estimate is deemed\nacceptable by the authorized board, shall be furnished to the city by\nthe owner. Such security shall be provided to the city pursuant to the\nprovisions of subdivision eight of section thirty-three of this article.\n 8. Public hearing and decision on site plans. In the event a public\nhearing is required by ordinance or local law adopted by the legislative\nbody, the authorized board shall conduct a public hearing within\nsixty-two days from the day an application is received on any matter\nreferred to it under this section. The authorized board shall mail\nnotice of said hearing to the applicant at least ten days before said\nhearing and shall give public notice of said hearing in a newspaper of\ngeneral circulation in the city at least five days prior to the date\nthereof and shall make a decision on the application within sixty-two\ndays after such hearing, or after the day the application is received if\nno hearing has been held. The time within which the authorized board\nmust render its decision may be extended by mutual consent of the\napplicant and such board. The decision of the authorized board shall be\nfiled in the office of the city clerk within five business days after\nsuch decision is rendered, and a copy thereof mailed to the applicant.\nNothing herein shall preclude the holding of a public hearing on any\nmatter on which a public hearing is not so required.\n 9. Notice to county planning board or agency or regional planning\ncouncil. At least ten days before such hearing, the authorized board\nshall mail notices thereof to the county planning board or agency or\nregional planning council, as required by section two hundred\nthirty-nine-m of the general municipal law, which notice shall be\naccompanied by a full statement of such proposed action, as defined in\nsubdivision one of section two hundred thirty-nine-m of the general\nmunicipal law. In the event a public hearing is not required, such\nproposed action shall be referred before final action is taken thereon.\n 10. Compliance with state environmental quality review act. The\nauthorized board shall comply with the provisions of the state\nenvironmental quality review act under article eight of the\nenvironmental conservation law and its implementing regulations.\n 11. Court review. Any person aggrieved by a decision of the authorized\nboard or any officer, department, board or bureau of the city may apply\nto the supreme court for review by a proceeding under article\nseventy-eight of the civil practice law and rules. Such proceedings\nshall be instituted within thirty days after the filing of a decision by\nsuch board in the office of the city clerk. The court may take evidence\nor appoint a referee to take such evidence as it may direct, and report\nthe same, with findings of fact and conclusions of law, if it shall\nappear that testimony is necessary for the proper disposition of the\nmatter. The court shall itself dispose of the matter on the merits,\ndetermining all questions which may be presented for determination.\n 12. Costs. Costs shall not be allowed against the authorized board\nunless it shall appear to the court that it acted with gross negligence,\nin bad faith, or with malice in making the decision appealed from.\n 13. Preference. All issues addressed by the court in any proceeding\nunder this section shall have preference over all civil actions and\nproceedings.\n 14. Applicability. This section shall not apply to any city having a\npopulation of more than one million.\n