E. Authority To Impose Conditions

• Jurisdiction: New York

E. Authority to Impose Conditions

In approving site plan review applications, the planning board may "impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan."⁴⁹⁷ All such conditions "must be met in connection with the issuance of permits by applicable enforcement agents or officers of the town [or village or city]."⁴⁹⁸ The planning board's authority to impose conditions is limited.⁴⁹⁹

1. Recreational Land and Substitutes

In response to Court of Appeals' decisions on site plan review and subdivision/cluster development review of residential projects,⁵⁰⁰ the enabling legislation was amended in 1993 to specifically authorize the planning board to condition site plan approval and subdivision approval on the inclusion of parkland suitable for playground or other recreational purposes, or cash in lieu thereof.⁵⁰¹

Upon a specific finding that "a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the [municipality]," the planning board may require that land within the site plan parcel be set aside for park, playground or other recreational use.⁵⁰² If the planning board makes such a finding but concludes that a "suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan," it may require cash in lieu of these improvements, in an amount established by the governing municipal board.⁵⁰³ The statutes governing subdivision approval contain similar provisions.⁵⁰⁴

If the planning board requires cash in lieu of recreational land, the funds must be held in escrow by the governing municipal board in a trust fund account dedicated exclusively for park, playground or other recreational purposes.⁵⁰⁵ However, the planning board may not condition site plan approval on such a cash deposit where it is established that the applicant has already set aside land or money in connection with any subdivision review of the premises.⁵⁰⁶ Under these circumstances, the planning board must credit the applicant for the value of any land or money set aside in connection with the subdivision review.⁵⁰⁷ Notwithstanding this requirement, the planning board may require additional land or money where the application concerns resubdivision of the plat.⁵⁰⁸

2. Public Infrastructure and Improvements

The planning board may also condition site plan approval on the applicant's installation of appropriate infrastructure...