§ 7-725-A — Site plan review

New York § 7-725-A

• Jurisdiction: New York
• Law VIL: Village
• Art. 7: Building Zones

Text

§ 7-725-a Site plan review. 1. Definition of site plan. As used in\nthis section the term "site plan" shall mean a rendering, drawing, or\nsketch prepared to specifications and containing necessary elements, as\nset forth in the applicable local law, which shows the arrangement,\nlayout and design of the proposed use of a single parcel of land as\nshown on said plan. Plats showing lots, blocks or sites which are\nsubject to review pursuant to authority provided for the review of\nsubdivisions under section 7-728 of this article shall continue to be\nsubject to such review and shall not be subject to review as site plans\nunder this section.\n 2. Approval of site plans. (a) The village board of trustees may, as\npart of a local law adopted pursuant to this article or 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\nlocal law and/or in regulations of such authorized board. Site plans\nshall show the arrangement, layout and design of the proposed use of the\nland on said plan. The local law shall specify the land uses that\nrequire site plan approval and the elements to be included on plans\nsubmitted for approval. The required site plan elements which are\nincluded in the local law may include, where appropriate, those related\nto parking, means of access, screening, signs, landscaping,\narchitectural features, location and dimensions of buildings, adjacent\nland uses and physical features meant to protect adjacent land uses as\nwell as any additional elements specified by the village board of\ntrustees in such local law.\n (b) When an authorization to approve site plans is granted by the\nvillage board of trustees pursuant to this section, the terms thereof\nmay condition 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, applications\nmay be made to the zoning board of appeals for an area variance pursuant\nto section 7-712-b of this article, without the necessity of a decision\nor determination of an administrative official charged with the\nenforcement 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 village.\n 5. Waiver of requirements. The village board of trustees may further\nempower the authorized board to, when reasonable, waive any requirements\nfor the approval, approval with modifications or disapproval of site\nplans submitted 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\nor general welfare or inappropriate to a particular site plan.\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 village. Such\nfindings shall include an evaluation of the present and anticipated\nfuture needs for park and recreational facilities in the village based\non projected 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 requirements 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 village board of\ntrustees. In making such determination of suitability, the board shall\nassess the size and suitability of lands shown on the site plan which\ncould be possible locations for park or recreational facilities, as well\nas practical 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 village 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, the authorized\nboard shall credit the applicant for any land set aside or money donated\nin lieu 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 village department designated by the authorized\nboard to make such estimate, where such departmental estimate is deemed\nacceptable by the authorized board, shall be furnished to the village by\nthe owner. Such security shall be provided to the village pursuant to\nthe provisions of subdivision nine of section 7-730 of this article.\n 8. Public hearing and decision on site plans. In the event a public\nhearing is required by local law adopted by the village board of\ntrustees, 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 such\nhearing, and shall give public notice of said hearing in a newspaper of\ngeneral circulation in the village 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 village 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 village may\napply to 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 village clerk. The court may take\nevidence or appoint a referee to take such evidence as it may direct,\nand report the same, with findings of fact and conclusions of law, if it\nshall appear that testimony is necessary for the proper disposition of\nthe matter. 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