Section 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.