Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
Editor's Note: See also Ch. 97, Site Plan Review.

§ 123-163
When required; exceptions. 

§ 123-164
Procedure for review and approval. 

§ 123-165
Authority to require additional data. 

§ 123-166
Submission of site plan and supporting data. 

§ 123-167
Criteria for review; recommendations. 

§ 123-168
Performance bond as condition of approval. 

§ 123-169
Site plan revisions. 

Unless otherwise provided and as regulated by the subdivision regulations of the Town of Boston,

Editor's Note: See Ch. 104, Subdivision of Land.
site plan review and a site plan approval shall be required for all uses, buildings and structures that require a building permit or a certificate of zoning compliance under this chapter and for which an application has been made to the Town of Boston, except for a farm or single-family dwelling and their permitted accessory uses, buildings or structures, prior to the issuance of a building permit or certificate of zoning compliance.

The Town Board, upon receipt of an application, site plan and supporting data, shall refer said application, site plan and supporting data to the Town Planning Board for review and recommendation. After determining that all requirements have been met, the Planning Board shall recommend approval, approval with modifications or disapproval of the site plan. Town Board approval of any site plans so deemed shall remain in effect for a period of not more than one year, unless a successful application for a building permit has been made within that period or a single six-month extension has been granted by the Town Board.

In addition to the required site plan and supporting data indicated in § 123-164, the Town Board/Planning Board may request of a property owner or his agent additional supporting data or plans the Town Board/Planning Board deems necessary and pertinent to carry out its responsibility for site plan review as provided in this chapter. The Town Board may adopt site plan specifications and/or regulations and design and construction standards specifications.

The property owner or his agent shall submit 10 copies of a site plan and supporting data prepared by and bearing the official seal and signature of a licensed architect, landscape architect, professional engineer or land surveyor, and may include the following information, presented in drawn form, at a scale approved by the Code Enforcement Officer of this chapter, and accompanied by a written text:


A survey of the property, showing existing topographic features, including contours, large trees, buildings, structures, streets, property lines, utility easements, rights-of-way and land use; and zoning and ownership of surrounding property.


A site plan showing proposed lots, blocks, building locations and land use areas.


Traffic circulation, parking and loading spaces and pedestrian walks.


Landscaping plans, including site grading and landscape design.


Preliminary engineering plans, including street improvements, storm drainage system, public utility extensions, water supply, sanitary sewer facilities, outdoor lighting and location of existing and proposed fire hydrants, as approved by the Fire Chief or Town Engineer.


Preliminary architectural drawings for buildings to be constructed, including front elevations.


Such other data as the Town Board or Planning Board shall require in site plan and public improvement specifications.


The Town Board/Planning Board shall review the site plan and supporting data and take into consideration the following:


Harmonious relationship between proposed uses and design and existing adjacent uses and architectural features.


Maximum safety of vehicular circulation between the site and street network.


Adequacy of interior traffic circulation, parking and loading facilities, with particular attention to vehicular and pedestrian safety.


Adequacy of landscaping and setbacks in regard to achieving maximum compatibility with and protection to adjacent property and land uses.


Adequacy of fire protection and accessibility for emergency vehicles.


Should changes or additional facilities be recommended by the Town Board, recommended approval of the site plan shall be conditional upon satisfactory compliance by the property owner with the changes or additions.


In cases where any action of the Zoning Board of Appeals is required, the site plan shall be the subject of a preliminary review by the Town Board, in accordance with the review procedure set forth above; before action is taken by the Zoning Board of Appeals, the Town Board shall conduct a final review of the site plan.


Application for final site plan approval shall be accompanied by a completed building permit application.

The Town Board may require, as a condition of site plan approval, that the property owner file a performance bond in such amount as determined by the Town Engineer, to ensure that the proposed development will be built in compliance with accepted plans.

A property owner wishing to make any changes in an approved site plan shall submit a revised site plan to the Town Board for review and approval.