§ 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.