2023 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.