§ 274-A — Site plan review

New York § 274-A

• Jurisdiction: New York
• Law TWN: Town
• Art. 16: Zoning and Planning

Text

§ 274-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 zoning 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 two hundred seventy-six of this article shall\ncontinue to be subject to such review and shall not be subject to review\nas site plans under this section.\n 2. Approval of site plans. (a) The town board may, as part of a zoning\nordinance or local law adopted pursuant to this article or other\nenabling law, authorize the planning board or such other administrative\nbody that it shall so designate, to review and approve, approve with\nmodifications or disapprove site plans prepared to specifications set\nforth in the ordinance or local law and/or in regulations of such\nauthorized board. Site plans shall show the arrangement, layout and\ndesign of the proposed use of the land on said plan. The ordinance or\nlocal law shall specify the land uses that require site plan approval\nand the elements to be included on plans submitted for approval. The\nrequired site plan elements which are included in the zoning ordinance\nor local law may include, where appropriate, those related to parking,\nmeans of access, screening, signs, landscaping, architectural features,\nlocation and dimensions of buildings, adjacent land uses and physical\nfeatures meant to protect adjacent land uses as well as any additional\nelements specified by the town board in such zoning ordinance or local\nlaw.\n (b) When an authorization to approve site plans is granted by the town\nboard pursuant to this section, the terms thereof may condition the\nissuance of a building permit upon such approval.\n 3. Application for area variance. Notwithstanding any provision of law\nto 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 two hundred sixty-seven-b of this article, without the\nnecessity of a decision or determination of an administrative 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 town.\n 5. Waiver of requirements. The town board may further empower the\nauthorized 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 ordinance or local law adopted\npursuant to this section, may be exercised in the event any such\nrequirements are found not to be requisite in the interest of the public\nhealth, safety or general welfare or inappropriate to a particular site\nplan.\n 6. Reservation of parkland on site plans containing residential units.\n(a) 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\nbe required 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 town. Such\nfindings shall include an evaluation of the present and anticipated\nfuture needs for park and recreational facilities in the town 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 town board. In making\nsuch determination of suitability, the board shall assess the size and\nsuitability of lands shown on the site plan which could be possible\nlocations for park or recreational facilities, as well as practical\nfactors including whether there is a need for additional facilities in\nthe immediate neighborhood. Any monies required by the authorized board\nin lieu of land for park, playground or other recreational purposes,\npursuant to the provisions of this section, shall be deposited into a\ntrust fund to be used by the town exclusively for park, playground or\nother recreational purposes, including the acquisition 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 two hundred seventy-six of this article, the authorized board\nshall credit the applicant for any land set aside or money donated in\nlieu thereof under such subdivision plat approval. In the event of\nresubdivision of such plat, nothing shall preclude the additional\nreservation of parkland or 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 town 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 town by\nthe owner. Such security shall be provided to the town pursuant to the\nprovisions of subdivision nine of section two hundred seventy-seven of\nthis 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 town board,\nthe authorized board shall conduct a public hearing within sixty-two\ndays from the day an application is received on any matter referred to\nit under this section. The authorized board shall mail notice of said\nhearing to the applicant at least ten days before said hearing and shall\ngive public notice of said hearing in a newspaper of general circulation\nin the town at least five days prior to the date thereof and shall make\na decision on the application within sixty-two days after such hearing,\nor after the day the application is received if no hearing has been\nheld. The time within which the authorized board must render its\ndecision may be extended by mutual consent of the applicant and such\nboard. The decision of the authorized board shall be filed in the office\nof the town clerk within five business days after such decision is\nrendered, and a copy thereof mailed to the applicant. Nothing herein\nshall preclude the holding of a public hearing on any matter on which a\npublic 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 town 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 town 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