ARTICLE 12-B COUNTY PLANNING BOARDS AND REGIONAL PLANNING COUNCILSSection 239-b. Definitions.
239-c. County planning boards. 239-d. County comprehensive plan. 239-e. County official map.239-f. Approval of building permits, curb cuts, and subdivision
plats. 239-g. Planning associations or federations. 239-h. Regional planning councils. 239-i. Regional comprehensive plans.239-l. Coordination of certain municipal zoning and planning
actions; legislative intent and policy. 239-m. Referral of certain proposed city, town and village plan-ning and zoning actions to the county planning agency
or regional planning council; report thereon; final
action.239-n. Referral of certain proposed subdivision plats to the
county planning agency or regional planning council;
report thereon; final action. 239-nn. Rights and duties of neighboring municipalities in planning and zoning matters§ 239-b. Definitions
As
used in this article and unless otherwise provided:
1.
"Municipal legislative body" means the town board of a town, the
board of trustees of a village; the
board of aldermen, common council, council or commission of a city; and other elective governing board or body
now or hereafter vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances.
2.
"County legislative body" means the board of supervisors of a county,
the county legislature, the county board of representatives, or other body
vested by its charter or other law with jurisdiction to enact local laws or
resolutions.
3.
"Municipality" means a city, village, or that portion of a town
located outside the limits of any city or village.
4.
"County planning board" means a county planning board established
pursuant to section two hundred thirty-nine-c of this article.
5.
"Special board" means a board consisting of one or more members of
the county planning board and such other members as are appointed by the county
legislative body to prepare a proposed county comprehensive plan or an
amendment thereto.
6.
"County comprehensive plan" means the materials, written and/or
graphic, including but not limited to maps, charts, studies, resolutions,
reports and other descriptive material that identify the goals, objectives,
principles, guidelines, policies, standards, devices and instruments for the
immediate and long-range protection, enhancement, growth and development of the
county, as may be prepared pursuant to section two hundred thirty-nine-d of
this article.
7.
"Region" means an area which encompasses a regional planning council.
8.
"Regional planning council" means a council established pursuant
to section two hundred thirty-nine-h of
this article.
9.
"Regional comprehensive plan" means the materials, written and/or
graphic, including but not limited to maps, charts, studies, resolutions,
reports and other descriptive material that identify the goals, objectives,
principles, guidelines, policies, standards, devices and instruments for the
immediate and long-range protection, enhancement, growth and development of the
region, as may be prepared pursuant to section two hundred thirty-nine-i of
this article.
Effective:
January 01, 2007
§ 239-c. County planning boards
1. Legislative findings and intent. The legislature hereby finds and determines
that:
(a)
significant decisions and actions affecting the immediate and long-range
protection, enhancement, growth and development of the state and its
communities are made by county planning boards.
(b)
county planning boards serve as an important resource to the state and its
localities, helping to establish productive linkages between communities as
well as with state and federal agencies.
(c)
through comprehensive planning and special studies, county planning boards
focus on opportunities and issues best handled at a county-wide scale.
(d)
the development of a county comprehensive plan can foster cooperation among
governmental agencies in the planning and implementation of capital projects.
Similarly, county comprehensive plans can promote intermunicipal cooperation in
the provision of public services.
(e)
citizen participation is essential to the design and implementation of a county
comprehensive plan.
(f)
the great diversity of resources and conditions that exist within and among
counties requires consideration of such factors by county planning boards.
(g)
it is the intent of the legislature therefore, to provide a permissive and
flexible framework within which county planning boards can perform their power
and duties.
1-a.
Alternate members of county planning boards. (a) A county legislative body may,
by local law or as a part of the local law creating the county planning board,
establish alternate planning board member positions for purposes of
substituting for a member in the event such member is unable to participate
because of a conflict of interest.
Alternate members of the county planning board shall be appointed by
resolution of the county legislative body, for terms established by such
legislative body.
(b)
The chairperson of the planning board may designate an alternate member to
substitute for a member when such member is unable to participate because of a
conflict of interest on an application or matter before the board. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of the
board. Such designation shall be
entered into the minutes of the initial planning board meeting at which the
substitution is made.
(c)
All provisions of this section relating to county planning board member
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal, and service on other
boards, shall also apply to alternate members.
2.
Establishment of county planning board.
(a) Creation. In the absence of
a county administrative code or county charter which may otherwise provide for
the creation of a county planning board, the county legislative body alone, or
in collaboration with the legislative bodies of the municipalities in such
county may establish a county planning board.
(b)
Membership. Members and officers of
such board shall be selected in a number and manner determined by the county
legislative body. In making such
appointments, the county legislative body shall include members from a broad
cross section of interests within the county.
Consideration should also be given to securing representation by
population size, geographic location and type of municipality. The terms of membership as well as the
filling of vacancies on such board shall be determined by the county
legislative body. The county legislative body may provide for the appointment
of individuals to serve as ex-officio members of the county planning
board. Said ex-officio members or their
designees may participate in the deliberations of the county planning board,
but shall not have voting privileges.
(c)
Membership of elected or appointed officials.
No person shall be precluded from serving as a member of a county
planning board, as appointed by the county legislative body pursuant to this
section, because such member is an elected or appointed official of the county
or a municipality. A member of a county
planning board shall excuse himself or herself from any deliberation or vote
relating to a matter or proposal before such county planning board which is or
has been the subject of a proposal, application or vote before the municipal
board of which he or she is a member.
(d)
Training and attendance requirements.
(i) Each member of a county planning board shall complete, at a minimum,
four hours of training each year designed to enable such members to more
effectively carry out their duties.
Training received by a member in excess of four hours in any one year
may be carried over by the member into succeeding years in order to meet the
requirements of this paragraph. Such
training shall be approved by the county and may include, but not be limited
to, training provided by a regional or county planning office or commission,
county planning federation, state agency, statewide municipal association,
college or other similar entity.
Training may be provided in a variety of formats, including but not
limited to, electronic media, video, distance learning and traditional
classroom training.
(ii)
To be eligible for reappointment to such board, such member shall have
completed the training promoted by the county pursuant to this paragraph.
(iii)
The training required by this paragraph may be waived or modified by the county
when, in the judgment of the governing board, it is in the best interest of the
county to do so.
(iv)
No decision of a county planning board shall be voided or declared invalid
because of a failure to comply with this paragraph.
(e)
Member reimbursement. The members of
such county planning board shall receive no salary or compensation for their
services as members of such board but may be reimbursed for authorized, actual
and necessary travel and expenditures.
(f)
Removal of members. The county
legislative body may remove any member of such planning board for cause, and
may provide by resolution for removal of any planning board member for
non-compliance with minimum requirements relating to meeting attendance and
training as established by the county legislative body by resolution.
(g)
By-laws. The county planning board
shall adopt by-laws governing its operation, which shall be approved by the
county legislative body and shall keep a record of its resolutions,
transactions, findings and determinations, which record shall be a public
record.
(h)
Appropriation; expenses. The county legislative body and municipal
legislative bodies may, in their discretion, appropriate and raise by taxation,
money for the expenses of such county planning board. Such bodies shall not be charged for any expense incurred by such
board except pursuant to such appropriation.
The county planning board shall have the power and authority to employ
staff, consultants and other experts and to pay for their services, and to
provide for such other expenses as may be necessary and proper, not to exceed
the appropriation that may be made therefor by the county legislative body for
such county planning board.
(i)
Authority to receive and expend funds.
In furtherance of the purposes of this article, the county planning
board may receive and expend public funds and grants from private foundations
or agencies and may apply for and accept grants from the federal government or
the state government and enter into contracts for and agree to accept such
grants, donations or subsidies in accordance with such reasonable conditions
and requirements as may be imposed thereon.
3.
County planning board powers and duties.
(a) Review of certain municipal planning and zoning actions. The county legislative body may, by
resolution, authorize the county planning board to conduct reviews of certain
classes of planning and zoning actions by a city, town or village within such
county pursuant to sections two hundred thirty-nine-l and two hundred
thirty-nine-m of this article, and to review certain subdivision plats pursuant
to section two hundred thirty-nine-n of this article.
(b)
County comprehensive plan. The county
legislative body may request the county planning board to assist in the
preparation of a county comprehensive plan and amendments thereto pursuant to
section two hundred thirty-nine-d of this article.
(c)
County official map. The county
legislative body may request the county planning board to prepare a county
official map and amendments thereto pursuant to section two hundred
thirty-nine-e of this article.
(d)
County studies. The county planning
board may undertake studies relevant to the future growth, development, and
protection of the county and municipalities therein, including studies in
support of a county comprehensive plan.
(e)
Local studies. The county planning
board may assist a city, town, or village in the study of ways to obtain
economy, efficiency and quality in the planning and provision of municipal
services.
(f)
Collection and distribution of information.
The county planning board may collect and distribute information
relative to county or municipal planning and zoning in such county. Upon request from the county or a municipality
the planning board may recommend to the legislative body of the county or such
municipalities whose jurisdictions are served by the county planning board a
comprehensive plan which shall designate suitable areas to be zoned for land
uses, taking into consideration, but not limited to, such factors as existing
and projected highways, parks, open spaces, parkways, public works, public
utilities, public transportation terminals and facilities, population trends,
topography and geologic structure.
(g)
Local technical assistance. The county
planning board may furnish such technical services as a municipality within the
county may request. Such services may
include, but not be limited to assistance with planning and land use functions,
use of geographic information systems, infrastructure development, as well as
inter-municipal services delivery, and may be provided directly by the county
planning board or in coordination with other county departments or
agencies. The charges, if any, to be
made for such services shall be established by the county legislative body.
(h)
Highway construction. Before the final
approval of any plan involving the construction or reconstruction of any state
or county highway, with or without federal aid, the county planning board shall
be given an opportunity to examine such plans and offer suggestions with
respect thereto. This paragraph shall
in no manner be construed as nullifying or contravening the final approval of
the commissioner of transportation.
4.
Annual report. The county planning
board shall submit an annual report to the county legislative body and include
in such report topics that are required in the by-laws of the county planning
board.
5.
Voting requirements. Every motion or
resolution of a county planning board shall require for its adoption the
affirmative vote of a majority of all the members of the county planning board.
§ 239-d. County comprehensive plan
1. Content.
The county comprehensive plan may include but shall not be limited to
the following topics at the level of detail adapted to the special requirements
of the county:
(a)
General statements of goals, objectives, principles, policies, and standards
upon which proposals for the immediate and long-range protection, enhancement,
growth and development of the county are based;
(b)
Consideration of regional needs and the official plans of other governmental
units and agencies within the county;
(c)
The existing and proposed location and intensity of land uses;
(d)
Consideration of agricultural uses, historic and cultural resources, coastal
and natural and scenic resources and sensitive environmental areas;
(e)
Consideration of population, demographic and socio-economic trends and future
projections;
(f)
The location and types of transportation facilities, including the reuse of
abandoned transportation facilities;
(g)
Existing and proposed general location of public and private utilities and
infrastructure;
(h)
Existing housing resources and future housing needs, including affordable
housing;
(i)
The present and future general location of educational and cultural facilities,
historic sites, health facilities, and facilities for emergency services;
(j)
Existing and proposed recreation facilities and parkland;
(k)
The present and potential future general location of commercial and industrial
facilities;
(l)
Specific policies and strategies for improving the county economy in
coordination with other plan topics;
(m)
Proposed measures, programs, devices, and instruments to implement the goals
and objectives of the various topics within the county comprehensive plan;
(n)
All or part of the plan of another public agency;
(o)
Any and all other items which are consistent with the protection, enhancement,
orderly growth and development of the county;
and
(p)
Consideration of cumulative impacts of development, and other issues which
promote compliance with the state environmental quality review act under
article eight of the environmental conservation law and its implementing regulations.
2.
Preparation. The county legislative
body, or by resolution of such body the planning board or a special board, may
prepare a proposed county comprehensive plan and amendments thereto. In the event the planning board or special
board is directed to prepare a proposed comprehensive plan or amendment
thereto, such board shall, by resolution, recommend such proposed plan or
amendment to the county legislative body.
3.
Environmental review. A county
comprehensive plan and any amendments thereto shall be subject to the
provisions of the state environmental quality review act under article eight of
the environmental conservation law and its implementing regulations. A county comprehensive plan may be designed
to also serve as, or be accompanied by, a generic environmental impact
statement pursuant to the state environmental quality review act statute and
regulations. No further compliance with
such law is required for subsequent site specific county actions that are in
conformance with the thresholds established for such county actions in the
generic environmental impact statements and its findings.
4.
Agricultural review and coordination. A
county comprehensive plan and any amendments thereto for a county containing
all or part of an agricultural district or lands receiving agricultural
assessments within its jurisdiction, shall continue to be subject to the
provisions of article twenty-five-AA of the agriculture and markets law
relating to the enactment and administration of local laws, ordinances, rules
or regulations. A newly adopted or
amended county comprehensive plan shall take into consideration applicable
county agricultural and farmland protection plans as created under article
twenty-five-AAA of the agriculture and markets law.
5.
Referrals. The county legislative body
shall, prior to adoption, refer the proposed county comprehensive plan or any
amendment thereto to the county and regional planning boards as well as to the
legislative bodies and to the planning boards of each municipality within the
county for review and recommendation.
6.
Public hearings; notice. (a) Prior to adopting or amending a county
comprehensive plan, the county legislative body shall hold one or more hearings
on such proposed plan or amendments thereto.
(b)
Where a special board prepares the proposed county comprehensive plan the
county legislative body shall, within ninety days of receiving the special
board's recommendations on such proposed plan or amendment, and prior to the
adoption of the plan or amendment, hold a public hearing on such proposed plan
or amendment.
(c)
Notice of a public hearing shall be published in a newspaper of general
circulation in the county at least ten calendar days in advance of the
hearing. Notice shall also be mailed to
the chief executive officer and the chairperson of the planning board of each
municipality at least ten days before such hearing. Representatives of the regional or county planning board, the
commissioner of transportation or his or her representative, county departments,
municipalities, citizens and other interested parties shall be given the
opportunity to be heard.
7.
Adoption. The county legislative body
may adopt by resolution a county comprehensive plan or any amendment thereto.
8.
Filing of adopted county comprehensive plan.
The adopted county comprehensive plan and any amendments thereto shall
be filed in the office of the county clerk or register and a copy thereof filed
in the office of the county planning board, with the secretary of state, as
well as with the clerk of each municipality within the county.
9.
Effect of adoption. (a) All county land
acquisitions and public improvements, including those identified in the county
official map adopted or amended pursuant to this article, shall be in accordance
with a county comprehensive plan, if one exists.
(b)
All plans for capital projects of a municipality or state governmental agency
on land included in the county comprehensive plan adopted pursuant to this
section shall take such plan into consideration.
10.
Periodic review. The county legislative
body shall provide, as a component of such proposed county comprehensive plan,
the maximum intervals at which the adopted plan shall be reviewed.
§ 239-e. County official map
1. Legislative intent. It is the general intent of this section
and section two hundred nine-f of this
chapter to enable counties to utilize certain regulatory powers which are
essential for providing for orderly growth and development, for affording
adequate facilities for the safe, convenient, and efficient means for traffic
circulation including the vehicular movement of goods, for protecting the
public against flood damage, and for providing needed space for public
development. Such purposes are declared
to be in promotion of the safety, convenience, and general welfare of the
community.
2.
Purpose. The county legislative body
may adopt an official map in order to facilitate the planning and development
of roads and drainage systems and sites for public development. County official maps shall be designed to
assist in the protection of rights-of-way that will be needed for widened,
realigned or new roads; protect
drainage systems; and protect sites for
public development. Such county
official map shall serve as a basis for the adoption and administration of
regulations for the control of development along or otherwise related to roads,
drainage channels and sites for public development.
3.
Content. The county official map shall show
existing and proposed rights-of-way for drainage systems and for county roads
as established pursuant to article six of the highway law. Such map shall be consistent with any county
comprehensive plan adopted or amended pursuant to this article. In counties where the county legislative
body has adopted such county comprehensive plan, the official map may also
include: rights-of-way required for any
proposed transportation network; and
sites for any proposed county, state or federal development facilities,
including parks, drainage courses, water courses, and public buildings. No state or federal development facility
shall be included, changed or deleted in the official map until approved by the
appropriate state or federal agency.
4.
Adoption, amendment. After the conduct
of a public hearing, as hereinafter provided, the county legislative body may
adopt an official map covering the entire county, or portions thereof, and
amend such map whenever it may deem it to be in the public interest.
(a)
Notice, hearing. A public hearing shall
be held on any proposed adoption of, or amendment to, the official county
map. Notice of such hearing shall be
published at least ten days prior to such hearing in a newspaper of general
circulation in the county. Written
notice shall be given to the appropriate state or federal agency for the
development facilities affected.
(b)
Referral to county planning board.
Prior to adopting or amending a county official map, the county
legislative body shall refer such proposed change to the county planning board,
if any, and the county superintendent of highways or commissioner of public
works for report thereon within thirty days of such reference.
(c)
Referral to municipalities. The county
legislative body shall refer such proposed amendment to the legislative body
and planning board of each municipality within the county, which may report
thereon to the county legislative body and to the county planning board. If the municipal legislative body
disapproves by resolution such proposed amendment, the county legislative body
may not so amend the official map except by a two-thirds vote of said
body. In counties where the county
legislative body has adopted a county comprehensive plan, the county
legislative body may change the official map by a majority vote notwithstanding
such municipal disapproval so long as the change is in accordance with the
county comprehensive plan.
5.
Effect. (a) The official county map
shall be final and conclusive with respect to the location, width and
dimensions of all rights-of-way and sites as shown thereon. The county official map shall be deemed to
be in addition to, or an amendment of, the official map of any municipality. If a municipality does not have an official
map, the county official map as it affects such municipality shall be
considered to be the official map of such municipality, and all provisions of
law applying to municipal official maps shall be applicable in the case of
county official maps where they affect municipalities. The adoption of a county official map shall
in no way supersede or otherwise substitute for highway maps or procedures
adopted pursuant to the state highway law.
No permit shall be issued for any building in any right-of-way or site,
shown or laid out on a county official map, except in accord with the appeal
procedures herein.
(b)
All county land acquisitions and public improvements shall be in accordance
with the county map and any comprehensive plan adopted or amended pursuant to
this article.
6.
Filing. Certified copies of such county
official map and all amendments thereto shall be sent to each municipality, the
secretary of state, and appropriate state and federal agencies affected, within
ten days of the date of adoption.
7.
Appeals. If the land within a right-of-way or site shown or laid out on the
county official map is not yielding a fair return on its value to the owner,
the owner may appeal to the zoning board of appeals, if any, or other board
established by the municipality in which the land is situated to issue
variances or make exceptions in zoning regulations.
(a)
Notice, hearing. Notice of a public
hearing on such appeal shall be published in a newspaper of general circulation
in the municipality at least ten days prior to such hearing. Notice of such hearing shall also be given
at least ten days in advance by a registered letter to the superintendent of
highways or commissioner of public works, to the clerk of the county
legislative body, and to the county planning board and those state and federal
agencies affected.
(b)
Conditions. The zoning board of appeals
or other board authorized by the municipal legislative body to issue building
permits shall, by the vote of two-thirds of its members in accordance with the
provisions of section two hundred thirty-nine-f of this article, have the power
to grant a permit for a building in such right-of-way or site which will as
little as practicable increase the cost of acquiring such right-of-way or site
or tend to cause a change of the county official map. Such board may impose reasonable requirements as a condition of
granting such permit, which requirements shall inure to the benefit of the
county and of the municipality in which such building is located.
(c)
Court review. Any person or persons, jointly
or severally aggrieved by any decision of the board of appeals or other board
authorized by the municipal legislative body to issue building permits may
apply to the supreme court for review by a proceeding under article
seventy-eight of the civil practice law and rules. Such appeal shall be taken in the same manner and pursuant to the
same provisions as appeals from the decisions of such zoning board of appeals
or other authorized board.
§ 239-f. Approval of building permits, curb
cuts, and subdivision plats
1. Rules and regulations. The county superintendent of highways or the
commissioner of public works in cooperation with the county planning board as
well as the county building inspector, if any, shall promulgate rules and
regulations governing the approval of building permits and curb cuts relating
to elements contained in the county official map, including provision for
direct application to him or her by prospective builders or by persons desiring
to secure access to existing or proposed rights-of-way or to alter existing
means of access. Any approval of such
application shall be subject to all the provisions of law pertaining to the
municipality affected.
2.
Procedure. No subdivision plat or
building permit shall be issued or approved by any municipality when there are
proposed structures, proposed new streets, or proposed buildings which shall
have frontage on, access to, or be otherwise directly related to any existing
or proposed right-of-way or site shown on the county official map, except in
accord with the following procedures.
(a)
Notification. (i) Upon receipt of an
application for approval of a subdivision plat, the clerk of the municipal
planning board shall notify the county planning board and the county
superintendent of highways or commissioner of public works.
(ii)
Upon receipt of an application for a building permit the municipal building
inspector or other authorized municipal official shall notify county
officials. The county superintendent of
highways or commissioner of public works shall notify appropriate state or
federal agencies affected. Such state
and federal agencies shall have ten working days in which to file their
objections to an application for a building permit.
(b)
Report. (i) The county planning board
shall review a subdivision application insofar as proposed structures or new
streets may be related to any existing or proposed right-of-way or site shown
on the county official map. Within ten working days of receipt of notification
of a subdivision plat application, the county planning board shall report to
the municipality on its approval, disapproval, or approval subject to stated
conditions.
(ii)
The county superintendent of highways or commissioner of public works shall
review an application for a building permit insofar as proposed building,
including curb cuts or other means of access, may be related to any existing or
proposed right-of-way or site shown on the county official map. Within ten working days of receipt of a
building permit application the county superintendent of highways or
commissioner of public works may consult with the county planning board and
shall report to the municipality on his or her approval, disapproval, or
approval subject to stated conditions.
If such superintendent or commissioner fails to make a report within ten
working days of such reference, the county shall forfeit the right to suspend
action.
(c)
Considerations. In making such report
the county planning board and the county superintendent of highways or
commissioner of public works shall take into consideration the following:
(i)
the prospective character of the development;
(ii)
any appropriate access standards or non-access or limited access provisions of
state and federal agencies;
(iii)
the design and frequency of access;
(iv)
the traffic which the development will generate and the effect of said traffic
upon existing or proposed rights-of-way or sites shown on the county official
map;
(v)
the effect of this development upon drainage as related to drainage systems; and
(vi)
the extent to which such development may impair the safety and traffic carrying
capacity of existing and proposed rights-of-way affected.
(d)
Approval. (i) A subdivision plat may be
approved by the municipality subject to stated conditions, notwithstanding such
county planning board report, by a two-thirds vote of all the members.
(ii)
A building permit shall be issued in accord with and consistent with such
report, provided that the board of appeals or other authorized board may vary
the requirements of the report of the county superintendent of highways or the
commissioner of public works by a two-thirds vote of all the members. Before issuing such building permit, a
notice of public hearing on such permit shall be published in a newspaper of general
circulation in the municipality at least ten working days prior to such
hearing. Such notice shall be forwarded
at least ten working days in advance by a registered letter to the
superintendent of highways or commissioner of public works, to the clerk of the
county legislative body, and to the county planning board, if any, and
appropriate state and federal agencies affected.
§ 239-g. Planning associations or federations
1. Establishment. In any county or counties, the municipalities may form a federation
or association to promote community or inter-community planning within or by
such municipalities, to provide for the collection and distribution of
information on planning, subdivision and zoning matters and kindred subjects
and to cooperate with appropriate state and county authorities in matters
affecting the county comprehensive plan and county official map.
2.
Appropriation, expenses. A municipal
legislative body or a county legislative body, is hereby authorized to include
annually in the budget and raise by taxation in such municipality or county a
sum to meet the actual and necessary expenses of establishing, maintaining and
continuing such association or federation.
Such expenses may include activities in this state for the purpose of devising
practical ways and means for obtaining greater economy and efficiency in the
design, layout and development of a municipality or county; for promoting the
public health, safety and general welfare by means of local and inter-community
planning, subdivision and zoning activities;
or for establishing and maintaining information services for the benefit
of its members.
§ 239-h. Regional planning councils
1. Legislative findings and intent. The legislature hereby finds and determines
that:
(a)
Significant decisions and actions affecting the immediate and long-range
protection, enhancement, growth and development of the state and its
communities are made by regional planning councils.
(b)
Regional planning councils serve as an increasingly important resource to the
state and its localities, helping to establish productive linkages between
communities as well as with state and federal agencies.
(c)
Through comprehensive planning and special studies, regional planning councils
provide focus on opportunities and issues best handled on a broad geographic
scale.
(d)
The development of a regional comprehensive plan can foster cooperation among
governmental agencies in the planning and implementation of capital
projects. Similarly, regional
comprehensive plans can promote intermunicipal cooperation in the provision of
public services.
(e)
Citizen participation is essential to the design and implementation of a
regional comprehensive plan.
(f)
The great diversity of resources and conditions that exist within and among
regions requires consideration of such factors by regional planning councils.
(g)
It is the intent of the legislature therefore, to provide a permissive and
flexible framework within which regional planning councils can perform their
powers and duties.
2.
Definitions. For the purposes of this
section and section two hundred thirty-nine-i of this article the term
"municipality" shall mean any city, town, village or county.
3.
Establishment of regional planning council.
(a) Creation. Any municipal legislative
body may collaborate with the legislative body of a contiguous municipal
legislative body to create a regional planning council under this article. The legislative bodies of the municipalities
participating in the regional planning council shall adopt by resolution an
agreement setting forth the terms and conditions of such collaboration. The regional planning council shall be
considered an agency of a political subdivision or municipality for purposes of
sections one hundred three, one hundred four and article eighteen of this
chapter and articles six and seven of the public officers law.
(b)
Membership. Membership and officers on
such council shall be selected in a manner to be determined by the
collaborating legislative bodies. In
making such appointments, the collaborating legislative bodies shall include
members from a broad cross section of interests within the region. Consideration should also be given to
securing representation by population size, geographic location and type of
municipality. The terms of membership
as well as the filling of vacancies on such council shall be determined by the
collaborating legislative bodies. The
collaborating legislative bodies may also jointly provide for the appointment
of individuals to serve as ex-officio members of the regional planning
council. Said ex-officio members or
their designees may participate in the deliberations of the council, but shall
not have voting privileges.
(c)
Membership of elected or appointed officials.
No person shall be precluded from serving as a member of a regional
planning council as appointed by a collaborating municipal legislative body
pursuant to this section, because such member is an elected or appointed
official of such municipality. A member
of a regional planning council shall excuse himself or herself from any
deliberation or vote relating to a matter or proposal before such regional
planning council which is or has been the subject of a proposal, application or
vote before the municipal board of which he or she is a member.
(d)
Training and attendance requirements.
As a condition of appointment to the regional planning council, the
collaborating legislative bodies may establish training, continuing education
and meeting attendance requirements for such members.
(e)
Member reimbursement. The members of
such regional planning council shall receive no salary or compensation for
their services as members of such council, but may be reimbursed for
authorized, actual and necessary travel and expenditures.
(f)
Removal of members. The legislative
body of each collaborating municipality may remove any regional planning
council member which said municipal legislative body has appointed for cause
and may provide by resolution for removal of any such regional planning council
member for non-compliance with minimum requirements relating to meeting
attendance and training as established by the collaborating legislative bodies
by resolution.
(g)
By-laws. The regional planning council
shall adopt by-laws governing its operation which shall be approved by the
collaborating legislative bodies and shall keep a record of its resolutions,
transactions, findings and determinations, which record shall be a public
record.
(h)
Appropriation; expenses. Collaborating legislative bodies may, in
their discretion, appropriate and raise by taxation, money for the expenses of
the regional planning council; such
bodies shall not be charged with any expense incurred by the regional planning
council except pursuant to such appropriation. The legislative body of each collaborating municipality is
authorized to provide for the payment of the moneys so appropriated for the
expenses of such council to an officer of the council designated in the council
by-laws to receive such moneys, provided that before any such money shall be
paid to such officer, such officer shall have executed an official undertaking
conditioned for the faithful performance of duties in the manner provided in
section four hundred three of the county law and provided that such undertaking
shall have been approved by the legislative body of each municipality. The regional planning council shall have the
power and authority to employ staff, consultants and other experts and to pay
for their services, and to provide for such other expenses as may be necessary
and proper.
(i)
Authority to receive and expend funds.
In furtherance of the purposes of this section, the regional planning
council may receive and expend public and private funds and grants from
non-public foundations, agencies, corporations, and private entities and may
apply for and accept grants from the federal government or the state government
and enter into contracts for and agree to accept such grants, donations or
subsidies in accordance with such reasonable conditions and requirements as may
be imposed thereon.
4.
Regional planning council powers and duties.
(a) The regional planning council shall have such of the following
powers as shall be provided in the agreement among the collaborating
municipalites [1]:
(i)
conduct surveys, studies and research programs which address regional needs and
improve community services;
(ii)
distribute information resulting from such surveys, studies and programs;
(iii)
prepare a regional comprehensive plan and any amendments thereto pursuant to
section two hundred thirty-nine-i of this article;
(iv)
consult and cooperate with appropriate state, municipal and public or private
agencies in matters affecting the region, including, but not limited to the
general protection, enhancement, quality of life, growth and development of the
region;
(v)
assist with transportation planning in areas of the region not served by
metropolitan planning organizations created pursuant to section fifteen-a of
the transportation law; and
(vi)
conduct reviews of certain classes of planning and zoning actions by a city,
town or village pursuant to sections two hundred thirty-nine-l and two hundred
thirty-nine-m of this article, and review certain subdivision plats pursuant to
section two hundred thirty-nine-n of this article.
(b)
A regional planning council shall not undertake any capital construction
project, including but not limited to the design, acquisition, construction,
improvement, reconstruction or rehabilitation of any capital asset, whether in
the nature of real or personal property.
5.
Annual report and audit. Every regional
planning council shall submit an annual report to the collaborating legislative
bodies and to the department of audit and control which report shall include a
summary of council activities, including planning and technical services and
grant and loan programs, a summary of the financial status of the council,
including the annual budget as well as any federal, state and local funding and
private sector financial assistance, and a summary of planned future activities
as well as topics that are required in the by-laws of the regional planning
council. Every regional planning
council shall engage a certified public accountant to complete an annual
financial audit and audit of the internal control structure of the regional
planning council, a copy of which shall be included in the annual report.
6.
Voting requirements. Every motion or
resolution of a regional planning council shall require for its adoption the
affirmative vote of a majority of all the members of the regional planning
council.
§ 239-i. Regional comprehensive plans
1. Content of a regional comprehensive
plan. The regional comprehensive plan
may include the following topics of significance at the level of detail adapted
to the special requirements of the region:
(a)
general statements of goals, objectives, principles, policies, and standards
upon which proposals for the immediate and long-range protection, enhancement,
growth and development of the region are based;
(b)
consideration of regional needs and the official plans of other government
units and agencies within the region;
(c)
the existing and proposed intensity of land uses;
(d)
consideration of agricultural uses, historic and cultural resources, coastal
and natural resources and sensitive environmental areas;
(e)
consideration of population, demographic and socio-economic trends and future
projections;
(f)
the location and types of transportation facilities, including the reuse of
abandoned transportation facilities;
(g)
existing and proposed general location of public and private utilities and
infrastructure;
(h)
existing housing resources and future housing needs, including affordable
housing;
(i)
the present and future general location of educational and cultural facilities,
historic sites, health facilities, and facilities for emergency services;
(j)
existing and proposed recreation facilities and parkland;
(k)
the present and potential future general location of commercial and industrial
facilities;
(l)
specific policies and strategies for improving the regional economy in
coordination with other plan topics;
(m)
proposed measures, programs, devices, and instruments to implement the goals
and objectives of the various topics within the regional comprehensive plan;
(n)
all or part of the plan of another public agency;
(o)
any and all other items which are consistent with the protection, enhancement,
orderly growth and development of the region;
and
(p)
consideration of cumulative impacts of development and other issues which
promote compliance with the state environmental quality review act under
article eight of the environmental conservation law and its implementing
regulations.
2.
Preparation. The regional planning
council may prepare a proposed regional comprehensive plan and amendments
thereto.
3.
Environmental review. A regional
comprehensive plan, and any amendment thereto, is subject to the provisions of
the state environmental quality review act under article eight of the
environmental conservation law and its implementing regulations. A regional comprehensive plan may be
designed to also serve as, or be accompanied by, a generic environmental impact
statement pursuant to the state environmental quality review act statute and
regulations. No further compliance with
such law is required for subsequent site specific actions that are in
conformance with the conditions and thresholds established for such actions in
the generic environmental impact statement and its findings.
4.
Agricultural review and coordination. A
regional comprehensive plan and any amendments thereto, for a region containing
all or part of an agricultural district or lands receiving agricultural
assessments within its jurisdiction, shall continue to be subject to the provisions
of article twenty-five-AA of the agriculture and markets law relating to the
enactment and administration of local laws, ordinances, rules or
regulations. A newly adopted or amended
regional comprehensive plan shall take into consideration applicable county
agricultural and farmland protection plans as created under article
twenty-five-AAA of the agriculture and markets law.
5.
Referrals. The regional planning
council shall, prior to adoption, refer the proposed regional comprehensive
plan or any amendment thereto to the collaborating municipal legislative bodies
and planning boards for review and recommendation.
6.
Public hearings; notice. (a) In the event the regional planning
council prepares a proposed regional comprehensive plan or amendment thereto,
the regional planning council shall hold one or more public hearings in each
collaborating municipality and such other meetings as it deems necessary to
assure full opportunity for citizen participation in the preparation of such
proposed plan or amendment, and in addition, the regional planning council
shall hold one or more public hearings in each collaborating municipality prior
to adoption of such proposed plan or amendment.
(b)
Notice of a public hearing shall be published in a newspaper of general
circulation in each collaborating municipality at least ten calendar days in
advance of the hearing. Notice shall
also be mailed to the chief executive officer and the chairperson of the
planning board of each municipality at least ten days before such hearing. The proposed regional comprehensive plan or
amendment thereto shall be made available for public review during said period
at the office of the clerk of each collaborating municipality, and may be made
available at any other place, including a public library.
7.
Adoption. The regional planning council
may adopt by resolution a regional comprehensive plan or any amendment thereto.
8.
Filing of regional comprehensive plan.
The adopted regional comprehensive plan and any amendments thereto shall
be filed in the office of the clerk of each collaborating municipality.
9.
Effect of adoption of the regional comprehensive plan. All plans for capital projects of another
governmental agency on land included in the regional comprehensive plan adopted
pursuant to this section shall take such plan into consideration.
10.
Periodic review. The regional planning
council shall provide, as a component of such proposed regional comprehensive
plan, the maximum intervals at which the adopted plan shall be reviewed.
§
239-l. Coordination of certain
municipal zoning and planning actions;
legislative intent and policy
1. Definitions. For the purposes of this section and sections two hundred
thirty-nine-m and two hundred thirty-nine-n of this article, the following
terms shall apply:
(a)
"County planning agency" means a county planning board, commission or
other agency authorized by the county legislative body to review proposed
actions referenced for inter-community or county-wide considerations subject to
the provisions of this section, and sections two hundred thirty-nine-m and two
hundred thirty-nine-n of this article.
(b)
"Regional planning council" means a regional planning board or agency
established pursuant to the provisions of this chapter.
2.
Intent. The purposes of this section,
sections two hundred thirty-nine-m and two hundred thirty-nine-n of this
article shall be to bring pertinent inter-community and county-wide planning,
zoning, site plan and subdivision considerations to the attention of neighboring
municipalities and agencies having jurisdiction. Such review may include inter-community and county-wide
considerations in respect to the following:
(a)
compatibility of various land uses with one another;
(b)
traffic generating characteristics of various land uses in relation to the
effect of such traffic on other land uses and to the adequacy of existing and
proposed thoroughfare facilities;
(c)
impact of proposed land uses on existing and proposed county or state
institutional or other uses;
(d)
protection of community character as regards predominant land uses, population
density, and the relation between residential and nonresidential areas;
(e)
drainage;
(f)
community facilities;
(g)
official municipal and county development policies, as may be expressed through
comprehensive plans, capital programs or regulatory measures; and
(h)
such other matters as may relate to the public convenience, to governmental
efficiency, and to the achieving and maintaining of a satisfactory community
environment.
3.
Review considerations. In no way shall
the review of inter-community and county-wide considerations pursuant to the
provisions of this section, or pursuant to sections two hundred thirty-nine-m
and two hundred thirty-nine-n of this article, preclude a county planning
agency or a regional planning council from making informal comments, or
supplying such technical assistance as may be requested by a municipality.
§ 239-m. Referral of certain proposed city,
town and village planning and zoning actions to the county planning agency or
regional planning council; report thereon;
final action
1. Definitions. As used herein:
(a)
The term "proposed" as used in subparagraphs (ii) and (iii) of
paragraph (b) of subdivision three of
this section shall be deemed to include only those recreation areas, parkways,
thruways, expressways, roads or highways which are shown on a county
comprehensive plan adopted pursuant to section two hundred thirty-nine-d of
this article or adopted on an official map pursuant to section two hundred
thirty-nine-e of this article.
(b)
The term "referring body" shall mean the city, town or village body
responsible for final action on proposed actions subject to this section.
(c)
The term "full statement of such proposed action" shall mean all
materials required by and submitted to the referring body as an application on
a proposed action, including a completed environmental assessment form and all
other materials required by such referring body in order to make its
determination of significance pursuant to the state environmental quality
review act under article eight of the environmental conservation law and its
implementing regulations. When the
proposed action referred is the adoption or amendment of a zoning ordinance or
local law, "full statement of such proposed action" shall also
include the complete text of the proposed ordinance or local law as well as all
existing provisions to be affected thereby, if any, if not already in the
possession of the county planning agency or regional planning council.
Notwithstanding the foregoing provisions of this paragraph, any referring body
may agree with the county planning agency or regional planning council as to
what shall constitute a "full statement" for any or all of those proposed
actions which said referring body is authorized to act upon.
(d)
The term "receipt" shall mean delivery of a full statement of such
proposed action, as defined in this section, in accordance with the rules and
regulations of the county planning agency or regional planning council with
respect to person, place and period of time for submission. In no event shall such rule or regulation
define delivery so as to require in hand delivery or delivery more than twelve
calendar days prior to the county planning agency's or regional planning
council's meeting date. In the absence
of any such rules or regulations, "receipt" shall mean delivery in
hand or by mail to the clerk of the county planning agency or regional planning
council. Where delivery is made in
hand, the date of receipt shall be the date of delivery. Where delivery is made by mail, the date as
postmarked shall be the date of delivery.
The provisions of this section shall not preclude the rules and
regulations of the county planning agency or regional planning council from
providing that the delivery may be a period greater than twelve days provided
the referring body and the county planning agency or regional planning council
agree in writing to such longer period.
2.
Referral of proposed planning and zoning actions. In any city, town or village which is located in a county which
has a county planning agency, or, in the absence of a county planning agency,
which is located within the jurisdiction of a regional planning council duly
created pursuant to the provisions of law, each referring body shall, before
taking final action on proposed actions included in subdivision three of this
section, refer the same to such county planning agency or regional planning
council.
3.
Proposed actions subject to referral.
(a) The following proposed actions shall be subject to the referral
requirements of this section, if they apply to real property set forth in
paragraph (b) of this subdivision:
(i)
adoption or amendment of a comprehensive plan pursuant to section two hundred
seventy-two-a of the town law, section 7-722 of the village law or section
twenty-eight-a of the general city law;
(ii)
adoption or amendment of a zoning ordinance or local law;
(iii)
issuance of special use permits;
(iv)
approval of site plans;
(v)
granting of use or area variances;
(vi)
other authorizations which a referring body may issue under the provisions of
any zoning ordinance or local law.
(b)
The proposed actions set forth in paragraph (a) of this subdivision shall be
subject to the referral requirements of this section if they apply to real
property within five hundred feet of the following:
(i)
the boundary of any city, village or town;
or
(ii)
the boundary of any existing or proposed county or state park or any other
recreation area; or
(iii)
the right-of-way of any existing or proposed county or state parkway, thruway,
expressway, road or highway; or
(iv)
the existing or proposed right-of-way of any stream or drainage channel owned
by the county or for which the county has established channel lines; or
(v)
the existing or proposed boundary of any county or state owned land on which a
public building or institution is situated;
or
(vi)
the boundary of a farm operation located in an agricultural district, as
defined by article twenty-five-AA of the agriculture and markets law, except
this subparagraph shall not apply to the granting of area variances.
(c)
The county planning agency or regional planning council may enter into an
agreement with the referring body or other duly authorized body of a city, town
or village to provide that certain proposed actions set forth in this
subdivision are of local, rather than inter-community or county-wide concern,
and are not subject to referral under this section.
4.
County planning agency or regional planning council review of proposed
actions; recommendation, report. (a) The county planning agency or regional
planning council shall review any proposed action referred for inter-community
or county-wide considerations, including but not limited to those
considerations identified in section two hundred thirty-nine-l of this
article. Such county planning agency or
regional planning council shall recommend approval, modification, or
disapproval, of the proposed action, or report that the proposed action has no
significant county-wide or inter-community impact.
(b)
Such county planning agency or regional planning council, or an authorized
agent of said agency or council, shall have thirty days after receipt of a full
statement of such proposed action, or such longer period as may have been
agreed upon by the county planning agency or regional planning council and the
referring body, to report its recommendations to the referring body,
accompanied by a statement of the reasons for such recommendations. If such county planning agency or regional
planning council fails to report within such period, the referring body may
take final action on the proposed action without such report. However, any county planning agency or
regional planning council report received after thirty days or such longer
period as may have been agreed upon, but two or more days prior to final action
by the referring body, shall be subject to the provisions of subdivision five
of this section.
5.
Extraordinary vote upon recommendation of modification or disapproval. If such county planning agency or regional
planning council recommends modification or disapproval of a proposed action,
the referring body shall not act contrary to such recommendation except by a
vote of a majority plus one of all the members thereof.
6.
Report of final action. Within thirty
days after final action, the referring body shall file a report of the final
action it has taken with the county planning agency or regional planning
council. A referring body which acts
contrary to a recommendation of modification or disapproval of a proposed
action shall set forth the reasons for the contrary action in such report.
§ 239-n. Referral of certain proposed
subdivision plats to the county planning agency or regional planning
council; report thereon; final action
1.
Definitions. As used herein:
(a)
The term "proposed" as used in subparagraphs (ii) and (iii) of
paragraph (a) of subdivision three of
this section shall be deemed to include only those recreation areas, parkways,
thruways, expressways, roads or highways which are shown on a county
comprehensive plan, adopted pursuant to subdivision seven of section two
hundred thirty-nine-d of this article, or shown on an official map adopted
pursuant to section two hundred thirty-nine-e of this article.
(b)
The term "undeveloped plat" shall mean those plats already filed in
the office of the clerk of the county in which such plat is located where
twenty percent or more of the lots within the plat are unimproved unless existing
conditions, such as poor drainage, have prevented their development.
(c)
The term "referring body" shall mean the city, town or village body
authorized by a municipal legislative body to approve preliminary or final
plats or to approve the development of undeveloped plats and/or plats already
filed in the office of the county clerk.
2.
Referral of proposed plats. In any
city, town or village which is located in a county which has a county planning
agency authorized by the county legislative body to review preliminary or final
plats or to approve the development of undeveloped plats, the clerk of the
municipal planning agency, upon receipt of application for preliminary and/or
final approval of a subdivision plat or proposal to develop an undeveloped plat
and/or plats already filed in the office of the county clerk, shall refer
certain of such plats to the county planning agency. In the absence of a county planning agency, the county
legislative body may authorize a regional planning council whose geographic
area includes the county, to perform the review functions prescribed herein.
3.
Plats subject to referral. (a) The
following applications for approval of preliminary or final plats and
undeveloped plats shall be subject to the referral requirements of this
section, if the application applies to real property within five hundred feet
of the following:
(i)
the boundary of any city, village, or town;
or
(ii)
the boundary of any existing or proposed county or state park or other
recreation area; or
(iii)
the right-of-way of any existing or proposed county or state parkway, thruway,
expressway, road or highway; or
(iv)
the existing or proposed right-of-way of any stream or drainage channel owned
by the county or for which the county has established channel lines; or
(v)
the existing or proposed boundary of any county or state owned land on which a
public building or institution is situated;
or
(vi)
the boundary of a farm operation located in an agricultural district, as defined
by article twenty-five-AA of the agriculture and markets law.
(b)
The county planning agency or regional planning council may enter into an
agreement with the referring body or other duly authorized body of a city, town
or village to provide that certain proposed plats are of local, rather than
inter-community or county-wide concern, and are not subject to referral under
this section.
4. County planning agency or regional planning
council review of proposed plats;
recommendation, report. (a) The county
planning agency or regional planning council, when authorized by the county
legislative body, shall review any referred plat for inter-community or
county-wide considerations, including but not limited to those considerations
identified in section two hundred thirty-nine-l of this article. The county planning agency or regional
planning council may adopt such rules and regulations as are necessary to
perform such function. Such county
planning agency or regional planning council shall recommend approval,
modification, or disapproval, of such plat, or report that such plat has no
significant county-wide or inter-community impact.
(b)
Such county planning agency or regional planning council, or an authorized
agent of said agency or council, shall have thirty days after receipt of a
preliminary or final plat or proposal to develop an undeveloped plat, or such
longer period as may have been agreed upon by the county planning agency or
regional planning council and the referring body, to report its recommendations
to the referring body, accompanied by a statement of the reasons for such
recommendations. If such county
planning agency or regional planning council fails to report within such
period, the referring body may take final action on the referred plat without
such report. However, any county
planning agency or regional planning council report received after thirty days
or such longer period as may have been agreed upon, but two or more days prior
to final action by the referring body, shall be subject to the provisions of
subdivision five of this section.
5.
Extraordinary vote upon recommendation of modification or disapproval. If such county planning agency or regional
planning council recommends modification or disapproval of a referred plat, the
referring body shall not act contrary to such recommendation except by a vote
of a majority plus one of all the members thereof.
6.
Report of final action. Within thirty
days after final action, the referring body shall file a report of the final
action it has taken with the county planning agency or regional planning
council. A referring body which acts
contrary to a recommendation of modification or disapproval of a proposed
action shall set forth the reasons for the contrary action in such report.
§ 239-nn. Rights and duties of neighboring
municipalities in planning and zoning matters
1. Legislative intent and purpose. It is the intent and purpose of this section
to encourage the coordination of land use development and regulation among
adjacent municipalities in order that each adjacent municipality may recognize
the goals and objectives of neighboring municipalities, and as a result
development occurs in a manner which is supportive of the goals and objectives
of the general area.
2.
Definitions. For the purpose of this section:
(a)
"Municipality" shall mean a city, except a city having a population
in excess of one million, a town or a village.
(b)
"Adjacent municipality" shall mean a city, except a city having a
population in excess of one million, town or village which has a portion of its
boundary that is contiguous with another municipality.
3.
The legislative body or other authorized body having jurisdiction in a
municipality shall give notice to an adjacent municipality when a hearing is
held by such body relating to:
(a)
the issuance of a proposed special use permit or the granting of a use variance
on property that is within five hundred feet of an adjacent municipality;
(b)
site plan review and approval on property that is within five hundred feet of
an adjacent municipality; or
(c)
a subdivision review and approval on property that is within five hundred feet
of an adjacent municipality.
4.
Such notice shall be given by mail or electronic transmission to the clerk of
the adjacent municipality at least ten days prior to any such hearing.
5. Such adjacent municipality may appear and be heard.
New York State Assembly
[ Welcome Page ] [ Legislative Information ]