STATE OF NEW YORK ________________________________________________________________________ 8642 IN SENATE January 7, 2026 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the town law, the village law and the general city law, in relation to enacting the "permit predictability act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "permit predictability act". 3 § 2. Subdivisions 2 and 5 of section 274-a of the town law, subdivi- 4 sion 2 as added by chapter 694 of the laws of 1992 and subdivision 5 as 5 amended by chapter 486 of the laws of 1994, are amended to read as 6 follows: 7 2. Approval of site plans. (a) The town board may, as part of a zoning 8 ordinance or local law adopted pursuant to this article or other enabl- 9 ing law, authorize the planning board or such other administrative body 10 that it shall so designate, to review and approve, approve with modifi- 11 cations or disapprove site plans prepared to specifications set forth in 12 the ordinance or local law and/or in regulations of such authorized 13 board. Site plans shall show the arrangement, layout and design of the 14 proposed use of the land on said plan as designated by the form provided 15 pursuant to paragraph (c) of this subdivision. The ordinance or local 16 law shall specify the land uses that require site plan and the elements 17 to be included on plans submitted for approval. The required site plan 18 elements which are included in the zoning ordinance or local law may 19 include, where appropriate, those related to parking, means of access, 20 screening, signs, landscaping, architectural features, location and 21 dimensions of buildings, adjacent land uses and physical features meant 22 to protect adjacent land uses as well as any additional elements speci- 23 fied by the town board in such zoning ordinance or local law. 24 (b) When an authorization to approve site plans is granted by the town 25 board pursuant to this section, the terms thereof may condition the 26 issuance of a building permit upon such approval. 27 (c) (i) A planning board or other administrative body authorized to 28 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. LBD13715-04-5

S. 8642 2 1 site plans pursuant to paragraph (a) of this subdivision shall develop 2 and make available an application form to be filled out for submission 3 of such site plans. Such form shall include a complete list of all 4 studies, reports, documents, and technical standards required for a 5 complete application. Such form shall be published in a manner easily 6 accessible to the public. 7 (ii) An applicant who submits a site plan using a form developed 8 pursuant to subparagraph (i) of this paragraph with all required 9 studies, reports, and documents included shall be deemed to have submit- 10 ted a complete application. 11 (iii) No planning board or other administrative body authorized to 12 designate, review and approve, approve with modifications, or disapprove 13 site plans pursuant to paragraph (a) of this subdivision shall require 14 any additional studies, reports, or documents to be submitted as part of 15 an application for site plan review beyond what is required by the form 16 developed pursuant to subparagraph (i) of this paragraph, except where: 17 (1) the applicant's submission does not otherwise comply with the 18 standards set forth in such form; or 19 (2) the scope or scale of the project materially changes after 20 submission of such form. 21 (iv) A planning board or other administrative body authorized to 22 designate, review and approve, approve with modifications, or disapprove 23 site plans pursuant to paragraph (a) of this subdivision may update the 24 form developed pursuant to subparagraph (i) of this paragraph from time 25 to time. Any such updates shall be reported to applicants that have open 26 or pending applications for site review within ten days of any such 27 changes. Amendments by such applicants shall be accepted to maintain 28 compliance with such updated form. 29 (v) Within thirty days after the submission of a site plan application 30 pursuant to this paragraph, the planning board or other administrative 31 body authorized to designate, review and approve, approve with modifica- 32 tions, or disapprove site plans pursuant to paragraph (a) of this subdi- 33 vision shall notify the applicant in writing whether their application 34 is complete. If no such notice is provided within such thirty-day peri- 35 od, the application shall be deemed complete for all purposes of this 36 section. An actual determination of completeness, or a constructive 37 determination of completeness under this paragraph, shall not be 38 construed as an approval of the site plan, but shall commence the period 39 for substantive review and decision on such application as otherwise 40 provided by law. 41 5. Waiver of requirements. The town board may further empower the 42 authorized board to, when reasonable, waive any requirements for the 43 approval, approval with modifications or disapproval of site plans 44 submitted for approval, provided, however, that the requirements under 45 paragraph (c) of subdivision two of this section shall not be waived. 46 Any such waiver, which shall be subject to appropriate conditions set 47 forth in the ordinance or local law adopted pursuant to this section, 48 may be exercised in the event any such requirements are found not to be 49 requisite in the interest of the public health, safety or general 50 welfare or inappropriate to a particular site plan. 51 § 3. Subdivisions 2 and 5 of section 7-725-a of the village law, 52 subdivision 2 as added by chapter 694 of the laws of 1992, paragraph (a) 53 of subdivision 2 as amended by chapter 423 of the laws of 1995, and 54 subdivision 5 as amended by chapter 486 of the laws of 1994, are amended 55 to read as follows:

S. 8642 3 1 2. Approval of site plans. (a) The village board of trustees may, as 2 part of a local law adopted pursuant to this article or other enabling 3 law, authorize the planning board or such other administrative body that 4 it shall so designate, to review and approve, approve with modifications 5 or disapprove site plans, prepared to specifications set forth in the 6 local law and/or in regulations of such authorized board. Site plans 7 shall show the arrangement, layout and design of the proposed use of the 8 land on said plan as designated by the form provided pursuant to para- 9 graph (c) of this subdivision. The local law shall specify the land uses 10 that require site plan approval and the elements to be included on plans 11 submitted for approval. The required site plan elements which are 12 included in the local law may include, where appropriate, those related 13 to parking, means of access, screening, signs, landscaping, architec- 14 tural features, location and dimensions of buildings, adjacent land uses 15 and physical features meant to protect adjacent land uses as well as any 16 additional elements specified by the village board of trustees in such 17 local law. 18 (b) When an authorization to approve site plans is granted by the 19 village board of trustees pursuant to this section, the terms thereof 20 may condition the issuance of a building permit upon such approval. 21 (c) (i) A planning board or other administrative body authorized to 22 designate, review and approve, approve with modifications, or disapprove 23 site plans pursuant to paragraph (a) of this subdivision shall develop 24 and make available an application form to be filled out for submission 25 of such site plans. Such form shall include a complete list of all 26 studies, reports, documents, and technical standards required for a 27 complete application. Such form shall be published in a manner easily 28 accessible to the public. 29 (ii) An applicant who submits a site plan using a form developed 30 pursuant to subparagraph (i) of this paragraph with all required 31 studies, reports, and documents included shall be deemed to have submit- 32 ted a complete application. 33 (iii) No planning board or other administrative body authorized to 34 designate, review and approve, approve with modifications, or disapprove 35 site plans pursuant to paragraph (a) of this subdivision shall require 36 any additional studies, reports, or documents to be submitted as part of 37 an application for site plan review beyond what is required by the form 38 developed pursuant to subparagraph (i) of this paragraph, except where: 39 (1) the applicant's submission does not otherwise comply with the 40 standards set forth in such form; or 41 (2) the scope or scale of the project materially changes after 42 submission of such form. 43 (iv) A planning board or other administrative body authorized to 44 designate, review and approve, approve with modifications, or disapprove 45 site plans pursuant to paragraph (a) of this subdivision may update the 46 form developed pursuant to subparagraph (i) of this paragraph from time 47 to time. Any such updates shall be reported to applicants that have open 48 or pending applications for site review within ten days of any such 49 changes. Amendments by such applicants shall be accepted to maintain 50 compliance with such updated form. 51 (v) Within thirty days after the submission of a site plan application 52 pursuant to this paragraph, the planning board or other administrative 53 body authorized to designate, review and approve, approve with modifica- 54 tions, or disapprove site plans pursuant to paragraph (a) of this subdi- 55 vision shall notify the applicant in writing whether their application 56 is complete. If no such notice is provided within such thirty-day peri-

S. 8642 4 1 od, the application shall be deemed complete for all purposes of this 2 section. An actual determination of completeness, or a constructive 3 determination of completeness under this paragraph, shall not be 4 construed as an approval of the site plan, but shall commence the period 5 for substantive review and decision on such application as otherwise 6 provided by law. 7 5. Waiver of requirements. The village board of trustees may further 8 empower the authorized board to, when reasonable, waive any requirements 9 for the approval, approval with modifications or disapproval of site 10 plans submitted for approval, provided, however, that the requirements 11 under paragraph (c) of subdivision two of this section shall not be 12 waived. Any such waiver, which shall be subject to appropriate condi- 13 tions set forth in the local law adopted pursuant to this section, may 14 be exercised in the event any such requirements are found not to be 15 requisite in the interest of the public health, safety or general 16 welfare or inappropriate to a particular site plan. 17 § 4. Subdivisions 2 and 5 of section 27-a of the general city law, as 18 added by chapter 211 of the laws of 1993 and paragraph a of subdivision 19 2 as amended by chapter 458 of the laws of 1997, are amended to read as 20 follows: 21 2. Approval of site plans. a. The legislative body of each city may, 22 as part of a zoning ordinance or local law adopted pursuant to subdivi- 23 sions twenty-four and twenty-five of section twenty of this chapter or 24 by local law or ordinance adopted pursuant to other enabling law, 25 authorize the planning board or such other administrative body that it 26 shall so designate, to review and approve, approve with modifications or 27 disapprove site plans, prepared to specifications set forth in the ordi- 28 nance or local law and/or in regulations of such authorized board. Site 29 plans shall show the arrangement, layout and design of the proposed use 30 of the land on said plan as designated by the form provided pursuant to 31 paragraph c of this subdivision. The ordinance or local law shall speci- 32 fy the land uses that require site plan approval and the elements to be 33 included on plans submitted for approval. The required site plan 34 elements which are included in the local law or ordinance may include, 35 where appropriate, those related to parking, means of access, screening, 36 signs, landscaping, architectural features, location and dimensions of 37 buildings, adjacent land uses and physical features meant to protect 38 adjacent land uses as well as any additional elements specified by the 39 legislative body in such zoning ordinance or local law. 40 b. When an authorization to approve site plans is granted by the 41 legislative body pursuant to this section, the terms thereof may condi- 42 tion the issuance of a building permit upon such approval. 43 c. (i) A planning board or other administrative body authorized to 44 designate, review and approve, approve with modifications, or disapprove 45 site plans pursuant to paragraph a of this subdivision shall develop and 46 make available an application form to be filled out for submission of 47 such site plans. Such form shall include a complete list of all studies, 48 reports, documents, and technical standards required for a complete 49 application. Such form shall be published in a manner easily accessible 50 to the public. 51 (ii) An applicant who submits a site plan using a form developed 52 pursuant to subparagraph (i) of this paragraph with all required 53 studies, reports, and documents included shall be deemed to have submit- 54 ted a complete application. 55 (iii) No planning board or other administrative body authorized to 56 designate, review and approve, approve with modifications, or disapprove

S. 8642 5 1 site plans pursuant to paragraph a of this subdivision shall require any 2 additional studies, reports, or documents to be submitted as part of an 3 application for site plan review beyond what is required by the form 4 developed pursuant to subparagraph (i) of this paragraph, except where: 5 (1) the applicant's submission does not otherwise comply with the 6 standards set forth in such form; or 7 (2) the scope or scale of the project materially changes after 8 submission of such form. 9 (iv) A planning board or other administrative body authorized to 10 designate, review and approve, approve with modifications, or disapprove 11 site plans pursuant to paragraph a of this subdivision may update the 12 form developed pursuant to subparagraph (i) of this paragraph from time 13 to time. Any such updates shall be reported to applicants that have open 14 or pending applications for site review within ten days of any such 15 changes. Amendments by such applicants shall be accepted to maintain 16 compliance with such updated form. 17 (v) Within thirty days after the submission of a site plan application 18 pursuant to this paragraph, the planning board or other administrative 19 body authorized to designate, review and approve, approve with modifica- 20 tions, or disapprove site plans pursuant to paragraph a of this subdivi- 21 sion shall notify the applicant in writing whether their application is 22 complete. If no such notice is provided within such thirty-day period, 23 the application shall be deemed complete for all purposes of this 24 section. An actual determination of completeness, or a constructive 25 determination of completeness under this paragraph, shall not be 26 construed as an approval of the site plan, but shall commence the period 27 for substantive review and decision on such application as otherwise 28 provided by law. 29 5. Waiver of requirements. The legislative body may further empower 30 the authorized board to, when reasonable, waive any requirements for the 31 approval, approval with modifications or disapproval of site plans 32 submitted for approval, provided, however, that the requirements under 33 paragraph c of subdivision two of this section shall not be waived. Any 34 such waiver, which shall be subject to appropriate conditions set forth 35 in the local law adopted pursuant to this section, may be exercised in 36 the event any such requirements are found not to be requisite in the 37 interest of the public health, safety and general welfare or inappropri- 38 ate to a particular site plan. 39 § 5. The forms required to be developed pursuant to paragraph (c) of 40 subdivision 2 of section 274-a of the town law, paragraph (c) of subdi- 41 vision 2 of section 7-725-a of the village law, and paragraph c of 42 subdivision 2 of section 27-a of the general city law, as amended by 43 sections two, three and four of this act respectively, shall be devel- 44 oped no later than one hundred eighty days after the effective date of 45 this act. 46 § 6. This act shall take effect immediately.

Enacts the permit predictability act

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