N.Y. GMU Law § 239-F — New York Code / Act GMU / Article 12-B / Section 239-F
Approval of building permits, curb cuts, and subdivision plats
Status: in_force

§ 239-f. Approval of building permits, curb cuts, and subdivision\nplats. 1. Rules and regulations. The county superintendent of highways\nor the commissioner of public works in cooperation with the county\nplanning board as well as the county building inspector, if any, shall\npromulgate rules and regulations governing the approval of building\npermits and curb cuts relating to elements contained in the county\nofficial map, including provision for direct application to him or her\nby prospective builders or by persons desiring to secure access to\nexisting or proposed rights-of-way or to alter existing means of access.\nAny approval of such application shall be subject to all the provisions\nof law pertaining to the municipality affected.\n  2. Procedure. No subdivision plat or building permit shall be issued\nor approved by any municipality when there are proposed structures,\nproposed new streets, or proposed buildings which shall have frontage\non, access to, or be otherwise directly related to any existing or\nproposed right-of-way or site shown on the county official map, except\nin accord with the following procedures.\n  (a) Notification.  (i) Upon receipt of an application for approval of\na subdivision plat, the clerk of the municipal planning board shall\nnotify the county planning board and the county superintendent of\nhighways or commissioner of public works.\n  (ii) Upon receipt of an application for a building permit the\nmunicipal building inspector or other authorized municipal official\nshall notify county officials.  The county superintendent of highways or\ncommissioner of public works shall notify appropriate state or federal\nagencies affected. Such state and federal agencies shall have ten\nworking days in which to file their objections to an application for a\nbuilding permit.\n  (b) Report. (i) The county planning board shall review a subdivision\napplication insofar as proposed structures or new streets may be related\nto any existing or proposed right-of-way or site shown on the county\nofficial map. Within ten working days of receipt of notification of a\nsubdivision plat application, the county planning board shall report to\nthe municipality on its approval, disapproval, or approval subject to\nstated conditions.\n  (ii) The county superintendent of highways or commissioner of public\nworks shall review an application for a building permit insofar as\nproposed building, including curb cuts or other means of access, may be\nrelated to any existing or proposed right-of-way or site shown on the\ncounty official map. Within ten working days of receipt of a building\npermit application the county superintendent of highways or commissioner\nof public works may consult with the county planning board and shall\nreport to the municipality on his or her approval, disapproval, or\napproval subject to stated conditions. If such superintendent or\ncommissioner fails to make a report within ten working days of such\nreference, the county shall forfeit the right to suspend action.\n  (c) Considerations. In making such report the county planning board\nand the county superintendent of highways or commissioner of public\nworks shall take into consideration the following:\n  (i) the prospective character of the development;\n  (ii) any appropriate access standards or non-access or limited access\nprovisions of state and federal agencies;\n  (iii) the design and frequency of access;\n  (iv) the traffic which the development will generate and the effect of\nsaid traffic upon existing or proposed rights-of-way or sites shown on\nthe county official map;\n  (v) the effect of this development upon drainage as related to\ndrainage systems; and\n  (vi) the extent to which such development may impair the safety and\ntraffic carrying capacity of existing and proposed rights-of-way\naffected.\n  (d) Approval. (i) A subdivision plat may be approved by the\nmunicipality subject to stated conditions, notwithstanding such county\nplanning board report, by a two-thirds vote of all the members.\n  (ii) A building permit shall be issued in accord with and consistent\nwith such report, provided that the board of appeals or other authorized\nboard may vary the requirements of the report of the county\nsuperintendent of highways or the commissioner of public works by a\ntwo-thirds vote of all the members. Before issuing such building permit,\na notice of public hearing on such permit shall be published in a\nnewspaper of general circulation in the municipality at least ten\nworking days prior to such hearing. Such notice shall be forwarded at\nleast ten working days in advance by a registered letter to the\nsuperintendent of highways or commissioner of public works, to the clerk\nof the county legislative body, and to the county planning board, if\nany, and appropriate state and federal agencies affected.\n