2010 New York Code
TWN - Town
Article 16 - (261 - 285) 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.

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