NY Vill L § 7-725-A (2021)
2021 New York Laws VIL - Village Article 7 - Building Zones 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.