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4/28/26, 10:35 AM Site plan review. - City of Lackawanna, NY (a) If a public hearing is considered desirable by the majority of the Planning and Development Board, such hearing shall be conducted within 62 days of the receipt of the application. The Board shall mail notice of said hearing to the applicant at least 10 days before said hearing and shall give public notice to said hearing in the official newspaper of the City at least five days prior to the date thereof. Where required under General Municipal Law § 239-m the Board shall mail notice of the hearing to the County Planning Board at least 10 days prior to the hearing. Within 62 days of the public hearing, or receipt of the application if no public hearing is held, the Board shall, at a regular or special meeting: [1] Approve upon a finding that: [a] The proposed site plan is consistent with the development plan, if one is required. [b] The proposed site plan is consistent with the intent, objectives and specific requirements of this chapter. [c] Adequate services and utilities will be available prior to occupancy. [d] The site plan is consistent with all applicable laws. [e] If a stormwater pollution prevention plan (SWPPP) was submitted in accordance with § 230-71D(35), the site plan and SWPPP comply with the requirements of Article XII of this chapter. [Added 2-5-2008] [2] Approve with modifications or conditions limiting the use and occupancy of the land or proposed buildings consistent with the intent or purposes of this chapter; or [3] Disapprove the site plan. (b) The Planning and Development Board shall file a full written record of its minutes and decision with all documents pertaining to the case with the City Clerk, with a copy to the Zoning Officer, and shall mail a copy to the applicant. Where a site plan is denied approval, the Planning and Development Board shall state its reasons for disapproval in writing. (c) Costs incurred by the Planning and Development Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant. The Board shall notify the applicant prior to it incurring any extraordinary expenses and provide an opportunity for the applicant to remove its application to avoid the expenses. (5) Expiration. Site plan approvals shall expire after 12 months unless a successful application for a building permit has been made within that period. One six-month extension may be granted to obtain the building permit. y changes in an approved site plan shall opment Board for review and approval. (7) Appeal. Any person aggrieved by any decision of the Planning and Development Board may apply to the Supreme Court for a review under Article 78 of the Civil Practice Law and Rules in accordance with General City Law § 27-a, Subdivision 11. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the City Clerk. D. Site plan contents. The site plan should include or be accompanied by the following information, as deemed appropriate by the Planning and Development Board. The Planning and Development Board may waive requirements set forth in this section as deemed appropriate, but may not waive the requirement that a stormwater pollution prevention plan be submitted where required. The plan shall be prepared by a licensed engineer, architect, landscape architect or surveyor as appropriate. https://ecode360.com/prinvLA1978?guid=9469401 2/5