NY Gen City L § 27-A (2021)
2021 New York Laws GCT - General City Article 3 - Enacted Without a Hdg 27-A - Site Plan Review.

§ 27-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  ordinance  or  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 thirty-two 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 legislative body of each city  may,   as  part  of  a  zoning  ordinance  or  local  law  adopted  pursuant to   subdivisions twenty-four and  twenty-five  of  section  twenty  of  this   chapter  or by local law or ordinance adopted pursuant to 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   ordinance  or  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 ordinance or 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 or ordinance 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   legislative body in such zoning ordinance or local law.b.  When  an  authorization  to  approve  site plans is granted by the   legislative body  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, application   may be made to the zoning board of appeals for an area variance pursuant   to section eighty-one-b of article five-a of this  chapter  without  the   necessity  of  a decision or determination of an administration 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 city.5. Waiver of requirements. The legislative body  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   and 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  city.  Such   findings  shall  include  an  evaluation  of the present and anticipated   future needs for park and recreational facilities in the city  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  requirement  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  legislative  body.  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 city 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 pursuant to   section thirty-two of this article, 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 city 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  city  by   the  owner.  Such security shall be provided to the city pursuant to the   provisions of subdivision eight of section thirty-three of this article.8. Public hearing and decision on site plans. In the  event  a  public   hearing is required by ordinance or local law adopted by the legislative   body,  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  said   hearing  and  shall give public notice of said hearing in a newspaper of   general circulation in the city 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 city 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 city 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 city 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.14.  Applicability.  This section shall not apply to any city having a   population of more than one million.