S T A T E O F N E W Y O R K
________________________________________________________________________
10678
I N A S S E M B L Y
March 20, 2026
___________
Introduced by M. of A. KAY -- read once and referred to the Committee on
Local Governments
AN ACT to amend the town law, the village law and the general city law,
in relation to enacting the "planning approval predictability act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "planning approval predictability act".
§ 2. Subdivisions 2 and 5 of section 274-a of the town law, subdivi-
sion 2 as added by chapter 694 of the laws of 1992 and subdivision 5 as
amended by chapter 486 of the laws of 1994, are amended to read as
follows:
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 enabl-
ing law, authorize the planning board or such other administrative body
that it shall so designate, to review and approve, approve with modifi-
cations 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 AS DESIGNATED BY THE FORM PROVIDED
PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. The ordinance or local
law shall specify the land uses that require site plan 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 speci-
fied 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.
(C) (I) A PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13715-09-6
A. 10678 2
SITE PLANS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL DEVELOP
AND MAKE AVAILABLE AN APPLICATION FORM TO BE FILLED OUT FOR SUBMISSION
OF SUCH SITE PLANS. SUCH FORM SHALL INCLUDE A COMPLETE LIST OF ALL
STUDIES, REPORTS, DOCUMENTS, AND TECHNICAL STANDARDS REQUIRED FOR A
COMPLETE APPLICATION. THE REVIEWING AUTHORITY HAS THE ABILITY TO EITHER
DEEM THE FORM COMPLETE OR INCOMPLETE WITHIN THIRTY DAYS OF SUBMISSION.
SUCH FORM SHALL BE PUBLISHED IN A MANNER EASILY ACCESSIBLE TO THE
PUBLIC.
(II) NO PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
SITE PLANS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL REQUIRE
ANY ADDITIONAL STUDIES, REPORTS, OR DOCUMENTS TO BE SUBMITTED AS PART OF
AN APPLICATION FOR SITE PLAN REVIEW BEYOND WHAT IS REQUIRED BY THE FORM
DEVELOPED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, EXCEPT WHERE:
(1) THE APPLICANT'S SUBMISSION DOES NOT OTHERWISE COMPLY WITH THE
STANDARDS SET FORTH IN SUCH FORM; OR
(2) THE SCOPE OR SCALE OF THE PROJECT MATERIALLY CHANGES AFTER
SUBMISSION OF SUCH FORM AS DETERMINED BY THE PLANNING BOARD OR OTHER
ADMINISTRATIVE BODY.
(III) A PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
SITE PLANS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION MAY UPDATE THE
FORM DEVELOPED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH FROM TIME
TO TIME. ANY SUCH UPDATES SHALL BE REPORTED TO APPLICANTS THAT HAVE OPEN
OR PENDING APPLICATIONS FOR SITE REVIEW WITHIN TEN DAYS OF ANY SUCH
CHANGES. AMENDMENTS BY SUCH APPLICANTS SHALL BE ACCEPTED TO MAINTAIN
COMPLIANCE WITH SUCH UPDATED FORM.
(IV) WITHIN THIRTY DAYS AFTER THE SUBMISSION OF A SITE PLAN APPLICA-
TION THAT HAS BEEN DEEMED COMPLETE BY THE REVIEWING AUTHORITY PURSUANT
TO THIS PARAGRAPH, THE PLANNING BOARD OR OTHER ADMINISTRATIVE BODY
AUTHORIZED TO DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS,
OR DISAPPROVE SITE PLANS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL NOTIFY THE APPLICANT IN WRITING WHETHER THEIR APPLICATION IS
COMPLETE. IF NO SUCH NOTICE IS PROVIDED WITHIN SUCH THIRTY-DAY PERIOD,
THE APPLICATION SHALL BE DEEMED COMPLETE FOR ALL PURPOSES OF THIS
SECTION. AN ACTUAL DETERMINATION OF COMPLETENESS, OR A CONSTRUCTIVE
DETERMINATION OF COMPLETENESS UNDER THIS PARAGRAPH, SHALL NOT BE
CONSTRUED AS AN APPROVAL OF THE SITE PLAN, BUT SHALL COMMENCE THE PERIOD
FOR SUBSTANTIVE REVIEW AND DECISION ON SUCH APPLICATION AS OTHERWISE
PROVIDED BY LAW.
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, PROVIDED, HOWEVER, THAT THE REQUIREMENTS UNDER
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION SHALL NOT BE WAIVED.
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.
§ 3. Subdivisions 2 and 5 of section 7-725-a of the village law,
subdivision 2 as added by chapter 694 of the laws of 1992, paragraph (a)
of subdivision 2 as amended by chapter 423 of the laws of 1995, and
subdivision 5 as amended by chapter 486 of the laws of 1994, are amended
to read as follows:
A. 10678 3
2. Approval of site plans. (a) The village board of trustees may, as
part of a 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
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 AS DESIGNATED BY THE FORM PROVIDED PURSUANT TO PARA-
GRAPH (C) OF THIS SUBDIVISION. The 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 may include, where appropriate, those related
to parking, means of access, screening, signs, landscaping, architec-
tural 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 village board of trustees in such
local law.
(b) When an authorization to approve site plans is granted by the
village board of trustees pursuant to this section, the terms thereof
may condition the issuance of a building permit upon such approval.
(C) (I) A PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
SITE PLANS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL DEVELOP
AND MAKE AVAILABLE AN APPLICATION FORM TO BE FILLED OUT FOR SUBMISSION
OF SUCH SITE PLANS. SUCH FORM SHALL INCLUDE A COMPLETE LIST OF ALL
STUDIES, REPORTS, DOCUMENTS, AND TECHNICAL STANDARDS REQUIRED FOR A
COMPLETE APPLICATION. THE REVIEWING AUTHORITY HAS THE ABILITY TO EITHER
DEEM THE FORM COMPLETE OR INCOMPLETE WITHIN THIRTY DAYS OF SUBMISSION.
SUCH FORM SHALL BE PUBLISHED IN A MANNER EASILY ACCESSIBLE TO THE
PUBLIC.
(II) NO PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
SITE PLANS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL REQUIRE
ANY ADDITIONAL STUDIES, REPORTS, OR DOCUMENTS TO BE SUBMITTED AS PART OF
AN APPLICATION FOR SITE PLAN REVIEW BEYOND WHAT IS REQUIRED BY THE FORM
DEVELOPED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, EXCEPT WHERE:
(1) THE APPLICANT'S SUBMISSION DOES NOT OTHERWISE COMPLY WITH THE
STANDARDS SET FORTH IN SUCH FORM; OR
(2) THE SCOPE OR SCALE OF THE PROJECT MATERIALLY CHANGES AFTER
SUBMISSION OF SUCH FORM FORM AS DETERMINED BY THE PLANNING BOARD OR
OTHER ADMINISTRATIVE BODY.
(III) A PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
SITE PLANS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION MAY UPDATE THE
FORM DEVELOPED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH FROM TIME
TO TIME. ANY SUCH UPDATES SHALL BE REPORTED TO APPLICANTS THAT HAVE OPEN
OR PENDING APPLICATIONS FOR SITE REVIEW WITHIN TEN DAYS OF ANY SUCH
CHANGES. AMENDMENTS BY SUCH APPLICANTS SHALL BE ACCEPTED TO MAINTAIN
COMPLIANCE WITH SUCH UPDATED FORM.
(IV) WITHIN THIRTY DAYS AFTER THE SUBMISSION OF A SITE PLAN APPLICA-
TION THAT HAS BEEN DEEMED COMPLETE BY THE REVIEWING AUTHORITY, PURSUANT
TO THIS PARAGRAPH, THE PLANNING BOARD OR OTHER ADMINISTRATIVE BODY
AUTHORIZED TO DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS,
OR DISAPPROVE SITE PLANS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL NOTIFY THE APPLICANT IN WRITING WHETHER THEIR APPLICATION IS
COMPLETE. IF NO SUCH NOTICE IS PROVIDED WITHIN SUCH THIRTY-DAY PERIOD,
A. 10678 4
THE APPLICATION SHALL BE DEEMED COMPLETE FOR ALL PURPOSES OF THIS
SECTION. AN ACTUAL DETERMINATION OF COMPLETENESS, OR A CONSTRUCTIVE
DETERMINATION OF COMPLETENESS UNDER THIS PARAGRAPH, SHALL NOT BE
CONSTRUED AS AN APPROVAL OF THE SITE PLAN, BUT SHALL COMMENCE THE PERIOD
FOR SUBSTANTIVE REVIEW AND DECISION ON SUCH APPLICATION AS OTHERWISE
PROVIDED BY LAW.
5. Waiver of requirements. The village board of trustees 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, PROVIDED, HOWEVER, THAT THE REQUIREMENTS
UNDER PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION SHALL NOT BE
WAIVED. Any such waiver, which shall be subject to appropriate condi-
tions 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 or general
welfare or inappropriate to a particular site plan.
§ 4. Subdivisions 2 and 5 of section 27-a of the general city law, as
added by chapter 211 of the laws of 1993 and paragraph a of subdivision
2 as amended by chapter 458 of the laws of 1997, are amended to read as
follows:
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 subdivi-
sions 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 ordi-
nance 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 AS DESIGNATED BY THE FORM PROVIDED PURSUANT TO
PARAGRAPH C OF THIS SUBDIVISION. The ordinance or local law shall speci-
fy 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 condi-
tion the issuance of a building permit upon such approval.
C. (I) A PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
SITE PLANS PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION SHALL DEVELOP AND
MAKE AVAILABLE AN APPLICATION FORM TO BE FILLED OUT FOR SUBMISSION OF
SUCH SITE PLANS. SUCH FORM SHALL INCLUDE A COMPLETE LIST OF ALL STUDIES,
REPORTS, DOCUMENTS, AND TECHNICAL STANDARDS REQUIRED FOR A COMPLETE
APPLICATION. THE REVIEWING AUTHORITY HAS THE ABILITY TO EITHER DEEM THE
FORM COMPLETE OR INCOMPLETE WITHIN THIRTY DAYS OF SUBMISSION. SUCH FORM
SHALL BE PUBLISHED IN A MANNER EASILY ACCESSIBLE TO THE PUBLIC.
(II) NO PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
SITE PLANS PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION SHALL REQUIRE ANY
ADDITIONAL STUDIES, REPORTS, OR DOCUMENTS TO BE SUBMITTED AS PART OF AN
A. 10678 5
APPLICATION FOR SITE PLAN REVIEW BEYOND WHAT IS REQUIRED BY THE FORM
DEVELOPED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, EXCEPT WHERE:
(1) THE APPLICANT'S SUBMISSION DOES NOT OTHERWISE COMPLY WITH THE
STANDARDS SET FORTH IN SUCH FORM; OR
(2) THE SCOPE OR SCALE OF THE PROJECT MATERIALLY CHANGES AFTER
SUBMISSION OF SUCH FORM AS DETERMINED BY THE PLANNING BOARD OR OTHER
ADMINISTRATIVE BODY.
(III) A PLANNING BOARD OR OTHER ADMINISTRATIVE BODY AUTHORIZED TO
DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE
SITE PLANS PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION MAY UPDATE THE
FORM DEVELOPED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH FROM TIME
TO TIME. ANY SUCH UPDATES SHALL BE REPORTED TO APPLICANTS THAT HAVE OPEN
OR PENDING APPLICATIONS FOR SITE REVIEW WITHIN TEN DAYS OF ANY SUCH
CHANGES. AMENDMENTS BY SUCH APPLICANTS SHALL BE ACCEPTED TO MAINTAIN
COMPLIANCE WITH SUCH UPDATED FORM.
(IV) WITHIN THIRTY DAYS AFTER THE SUBMISSION OF A SITE PLAN APPLICA-
TION THAT HAS BEEN DEEMED COMPLETE BY THE REVIEWING AUTHORITY, PURSUANT
TO THIS PARAGRAPH, THE PLANNING BOARD OR OTHER ADMINISTRATIVE BODY
AUTHORIZED TO DESIGNATE, REVIEW AND APPROVE, APPROVE WITH MODIFICATIONS,
OR DISAPPROVE SITE PLANS PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
SHALL NOTIFY THE APPLICANT IN WRITING WHETHER THEIR APPLICATION IS
COMPLETE. IF NO SUCH NOTICE IS PROVIDED WITHIN SUCH THIRTY-DAY PERIOD,
THE APPLICATION SHALL BE DEEMED COMPLETE FOR ALL PURPOSES OF THIS
SECTION. AN ACTUAL DETERMINATION OF COMPLETENESS, OR A CONSTRUCTIVE
DETERMINATION OF COMPLETENESS UNDER THIS PARAGRAPH, SHALL NOT BE
CONSTRUED AS AN APPROVAL OF THE SITE PLAN, BUT SHALL COMMENCE THE PERIOD
FOR SUBSTANTIVE REVIEW AND DECISION ON SUCH APPLICATION AS OTHERWISE
PROVIDED BY LAW.
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, PROVIDED, HOWEVER, THAT THE REQUIREMENTS UNDER
PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION SHALL NOT BE WAIVED. 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 inappropri-
ate to a particular site plan.
§ 5. The forms required to be developed pursuant to paragraph (c) of
subdivision 2 of section 274-a of the town law, paragraph (c) of subdi-
vision 2 of section 7-725-a of the village law, and paragraph c of
subdivision 2 of section 27-a of the general city law, as amended by
sections two, three and four of this act respectively, shall be devel-
oped no later than one hundred eighty days after the effective date of
this act.
§ 6. This act shall take effect immediately.