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Site review procedure and guidelines
Introduction
The site development review process is one of several
means of plan implementation that communities may
utilize. It is commonly considered supplemental to other
land development guidance controls.
Since most land in New York State is in private
ownership, municipalities have been delegated a variety of
powers to enact land development controls. The most
common of these are the powers of zoning and subdivision
control, which are exercises of the police power. Zoning
enables communities to regulate land uses and population
densities based on comprehensive land development
planning. Subdivision control allows communities to
effect satisfactory physical design and site improvement
of privately owned lands to be subdivided, usually for
residential development purposes.
An aspect of development control frequently neglected by
communities in the past concerns the improvement of
lands intended for nonresidential or multi-family housing
purposes. In many of these cases, the lands are to be
developed and remain in single ownership and, therefore,
do not fall within the scope of the subdivision review
powers. To overcome this gap in their development
review capabilities, an increasing number of municipalities
have added site review components, applicable to an array
of uses, to their development regulations. Initially
introduced in urban areas, the concept has more recently
spread to other parts of the State. Most communities
which have adopted site development plan review
procedures have done so within the framework of their
zoning regulations.
The site development plan specifies the present
characteristics of a particular parcel of land and its
surroundings and describes intended activities and their
potential impact on the community. The terms site plan
and site development plan are interchangeable. The
latter is generally used in this paper since it defines the
intent of the plan and the review process more
accurately.
Site development plans have two functions. First, they
illustrate the intended design, arrangement and uses of the
land to be improved. Second, they describe the proposals
physical, social and economic effects on the community.
The plans may be in either or both narrative and graphic
form, as appropriate. Information on factors such as the
following may be the subject of concern in the site
development review process: means of access, parking,
landscaping, buffers, architectural features, location of
structures, impact on adjacent land uses and other
elements related to the health, safety and general welfare
of the community.
Site plan reviews can include both small and large scale
proposals ranging from gas stations, drive-in facilities and
office buildings to complex ones such as shopping centers,
apartment developments and planned unit developments.
In the case of a drive-in facility such as a fast food
restaurant, bank or neighborhood convenience retailer, the
community might be most concerned with providing
adequate access without disrupting traffic flow on the
adjacent road or with minimizing visual confusion as is
often produced by advertising signs. If, on the other hand,
the municipality is faced with a large scale proposal, such
as a shopping center, other factors may be more important.
These include impacts on the surrounding natural
environment, transportation system and land uses.
Within the site, the prime concerns might include
minimizing ecological disturbances, provision of separate
parking and loading arrangements, ensuring pedestrian
safety and the aesthetic relationship of the proposed
structures to the site. Thus, the site development review
process permits municipalities to analyze development
proposals in terms of their impacts on local growth and
the need for facilities and services.
Until recently, the States enabling legislation did not
provide for planning boards in the site development plan
approval process except in an advisory capacity. The
communities which used the process were, therefore,
legally limited to designating the zoning board of appeals
or the legislative body for decision-making purposes. In
1976, however, the State Legislature amended the General
City, Town and Village laws to make it possible for
planning boards to take final action on proposed site
development plans. Those same site plan enabling
statutes were again extensively revised, effective for towns
and villages in 1993, and for cities in 1994, so that any
municipal board may be designated by the governing 2
APPLICATION -
SITE DEVELOPMENT
PLAN SUBMITTED
62 days 62 days
REFERRAL
PUBLIC HEARING
(Optional)
62 days
30 days PLANNING BOARD
ACTION
FILING OF
DECISION APPROVAL WITH
MODIFICATIONS
DISAPPROVAL
APPROVAL
CONDITIONS
SATISFIED
BUILDING PERMIT
ISSUED
Figure 1
Basic Site Development Plan
Review Procedure 3
body to review and approve site plans. (General City
manners. First, the land uses to be subject to review could
Law, section 27-a; Town Law, section 274-a; Village
be identified by zoning district within the general use
Law, section 7-725-a. The text of the law can be found in
provisions. Second, they could be identified by zoning
its entirety in Appendix A.)
district within the supplemental regulations or a special
The framework within which this delegation of authority
certain uses could be subject to review regardless of the
is cast may be critical to its impartial and efficient
zoning district or location. Reviews might also be tied to
implementation. The power to approve site development
areas having specialized use restrictions such as flood
plans may be delegated to a planning board or other board
hazard, coastal or historic preservation zones.
within the context of a zoning ordinance or local law or as
a separate local law. Throughout this publication, the
The review procedures and submission requirements for
planning board will continue to be referred to as the board
site development plan reviews can be provided for in a
which reviews site plans. It should, however, be
completely separate article of the zoning ordinance or
understood that this merely reflects the fact that planning
local law. Alternatively, they can be made a part of the
boards are the bodies most commonly vested with such
supplemental regulations article.
authority. In fact, any other board may now be given site
plan approval power.
Public hearings are not required in the site development
Several problems are inherent in the use of site
appeals is designated as the final site development plan
development review without zoning regulations. First, this
approval body, in which case such a hearing is mandated
approach has not been tested in any litigation and a court
by state law. A municipality, however, has the option of
would carefully scrutinize such a local law to assess
requiring a hearing. Hearings could be required for all site
whether adequate constraints could be placed upon the
development plan applications or only for certain types if
exercise of this power without zoning regulations.
the latter are defined in the regulations. A public hearing
Second, the planning board would be required to assess
is beneficial because it allows interested parties, besides
the desirability of a particular site development plan
applicants and local officials, to voice opinions on the
without any commitment by the municipality as to the
proposal.
character of the surrounding property. Lastly, the
employment of site development plan review should be
The statutes allow for prior approval of a proposal by a
considered a safety mechanism within the context of
planning board under a site development plan approval
applying the communitys comprehensive land use
procedure to be conditional for the issuance of a building
regulation. Communities which currently have no zoning
permit.
controls should therefore give careful consideration to
postponing the enactment of site development review
The enabling laws offer additional flexibility in the
regulations until they can be integrated within the
selection of a review board and a procedure most
comprehensive control scheme that zoning regulations
appropriate to a communitys individual needs and
provide.
resources. (Prior to their original enactment in 1976, a
The site development aspects of the zoning ordinance or
could designate either the local legislative body or the
local law must specify the uses for which approval is
zoning board of appeals to grant final approval of site
needed and the components to be included in the plans.
development plan proposals.)
Specific review criteria should be started in the zoning
regulations. However, if the planning board is granted the
If the local legislative body, such as the town or village
review power, criteria could be stated generally in the
board, retains approval power, it is free to develop any
ordinance or local law, supplemented with detailed rules
justifiable approval procedure and standards. (See
Lemir
and regulations of the planning board. Such rules and
Reality Corp. v. Larkin, 1962, 11 N.Y.2d 20; Green
regulations would be developed and adopted by the
Point Savings Bank v. Board of Zoning Appeals, 1939,
planning board and approved by the local legislative body.
281 N.Y.534.)
Before drafting the site development plan provisions, the
If the zoning board of appeals is delegated approval
municipality must decide how broad an array of uses will
power, the board is limited to using the procedure
be subject to review. This can be accomplished in several
established for it by the S