§ 274-a. Site plan review. 1. Definition of site plan. As used in this\nsection the term "site plan" shall mean a rendering, drawing, or sketch\nprepared to specifications and containing necessary elements, as set\nforth in the applicable zoning ordinance or local law, which shows the\narrangement, layout and design of the proposed use of a single parcel of\nland as shown on said plan. Plats showing lots, blocks or sites which\nare subject to review pursuant to authority provided for the review of\nsubdivisions under section two hundred seventy-six of this article shall\ncontinue to be subject to such review and shall not be subject to review\nas site plans under this section.\n 2. Approval of site plans. (a) The town board may, as part of a zoning\nordinance or local law adopted pursuant to this article or other\nenabling law, authorize the planning board or such other administrative\nbody that it shall so designate, to review and approve, approve with\nmodifications or disapprove site plans prepared to specifications set\nforth in the ordinance or local law and/or in regulations of such\nauthorized board. Site plans shall show the arrangement, layout and\ndesign of the proposed use of the land on said plan. The ordinance or\nlocal law shall specify the land uses that require site plan approval\nand the elements to be included on plans submitted for approval. The\nrequired site plan elements which are included in the zoning ordinance\nor local law may include, where appropriate, those related to parking,\nmeans of access, screening, signs, landscaping, architectural features,\nlocation and dimensions of buildings, adjacent land uses and physical\nfeatures meant to protect adjacent land uses as well as any additional\nelements specified by the town board in such zoning ordinance or local\nlaw.\n (b) When an authorization to approve site plans is granted by the town\nboard pursuant to this section, the terms thereof may condition the\nissuance of a building permit upon such approval.\n 3. Application for area variance. Notwithstanding any provision of law\nto the contrary, where a proposed site plan contains one or more\nfeatures which do not comply with the zoning regulations, application\nmay be made to the zoning board of appeals for an area variance pursuant\nto section two hundred sixty-seven-b of this article, without the\nnecessity of a decision or determination of an administrative official\ncharged with the enforcement of the zoning regulations.\n 4. Conditions attached to the approval of site plans. The authorized\nboard shall have the authority to impose such reasonable conditions and\nrestrictions as are directly related to and incidental to a proposed\nsite plan. Upon its approval of said site plan, any such conditions must\nbe met in connection with the issuance of permits by applicable\nenforcement agents or officers of the town.\n 5. Waiver of requirements. The town board may further empower the\nauthorized board to, when reasonable, waive any requirements for the\napproval, approval with modifications or disapproval of site plans\nsubmitted for approval. Any such waiver, which shall be subject to\nappropriate conditions set forth in the ordinance or local law adopted\npursuant to this section, may be exercised in the event any such\nrequirements are found not to be requisite in the interest of the public\nhealth, safety or general welfare or inappropriate to a particular site\nplan.\n 6. Reservation of parkland on site plans containing residential units.\n(a) Before such authorized board may approve a site plan containing\nresidential units, such site plan shall also show, when required by such\nboard, a park or parks suitably located for playground or other\nrecreational purposes.\n (b) Land for park, playground or other recreational purposes may not\nbe required until the authorized board has made a finding that a proper\ncase exists for requiring that a park or parks be suitably located for\nplaygroun
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.