NY Town L § 274-A (2021)
2021 New York Laws TWN - Town Article 16 - Zoning and Planning 274-A - Site Plan Review.

§ 274-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 zoning 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 two hundred seventy-six 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 town board may, as part of a zoning ordinance or 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 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 zoning ordinance or 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 town board in such zoning ordinance  or  local law.  (b) When an authorization to approve site plans is granted by the town board  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 provision 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 two  hundred  sixty-seven-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 town.   5. Waiver of requirements. The town  board  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 ordinance or 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  town.  Such findings  shall  include  an  evaluation  of the present and anticipated future needs for park and recreational facilities in the town  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 town board. 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 town 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  two  hundred  seventy-six 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 town 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  town  by the  owner.  Such security shall be provided to the town pursuant to the provisions of subdivision nine of section two hundred  seventy-seven  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 town board, 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 town 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 town 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 town 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 town 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.