NY Alt Cty Govt L § 552 (2021)
2021 New York Laws ACG - Alternative County Government Article 12 - Optional Transfer of Powers 552 - County Planning Commission.

§  552.  County  planning  commission.  1.  If the alternative form of   county government, or the modification or change of any such form, shall   so provide, there shall be a county planning commission in such  county.   Such commission shall consist of seven members who shall be appointed by   the  board  of  supervisors  and either one or two ex-officio members as   hereinafter provided.   Of the appointive  members  of  the  commission,   three  shall  be appointed for terms of one year, three for terms of two   years and one member shall be appointed  for  a  term  of  three  years.   Successors  shall  be appointed for terms of three years each. A vacancy   occurring otherwise than by  expiration  of  term  shall  be  filled  by   appointment  by  the  board for the unexpired term. The county executive   and director of public works in a county having such a  director,  shall   be  ex-officio  members of the commission. The appointive members of the   commission shall receive a compensation to be  fixed  by  the  board  of   supervisors  at  not  exceeding  ten  dollars  for each meeting actually   attended, together with their necessary  traveling  and  other  expenses   incurred  in the performance of their duties. Such commission shall have   power, within the limits of the  appropriation  made  by  the  board  of   supervisors,   to  employ  a  secretary  and  other  necessary  clerical   assistants and employ or contract with such technical assistants as  may   be  necessary from time to time to give full effect to the provisions of   this section. The department of public works, in counties having such  a   department, shall furnish such engineering service as may be required by   the commission.2.   The  county  planning  commission  shall  have  control  of  land   subdivisions  in  towns  outside  cities  and  villages,  and   no   map   subdividing  land  into lots for residential or business purposes in any   such town shall be accepted for filing by the  county  clerk  unless  it   shall  have  been  first  approved by the county planning commission and   shall have such approval endorsed thereon.3. It shall be the duty of the county planning commission to make  and   recommend  to  the  board  of supervisors a master plan for the physical   development of the county,  which  plan,  with  the  accompanying  maps,   plats, charts and descriptive matter, shall set forth recommendations of   the  commission  for  the  development of the county, including, without   excluding any other thing:  (a)  the  general  location,  character  and   extent  of  streets,  highways,  viaducts,  subways, bridges, waterways,   water  fronts,  boulevards,  parkways,  playgrounds,   squares,   parks,   aviation  fields,  public  and  private parking spaces, and other public   ways, grounds and open  spaces;  (b)  the  general  location  of  public   buildings and other public property; (c) the general location and extent   of   public  utilities  and  terminals  whether  publicly  or  privately   operated,   for   water,   light,   sanitation,    transportation    and   communication,   power   and   other  purposes;  and  (d)  the  removal,   relocation,  alteration,  vacating,  abandonment,  change  of   use   or   extension  of  any of the foregoing features of the plan. As the work of   carrying the master plan into effect progresses,  such  commission  may,   from  time to time, recommend to the board of supervisors that action be   taken with respect to a part or parts thereof covering one or more major   sections or divisions of the county or one or  more  of  the  functional   matters included in the plan. Before recommending the master plan or any   part  thereof,  or  any amendment, extension or addition thereto, to the   board of supervisors, such commission shall hold  at  least  one  public   hearing,  of  which  it  shall  give  at  least  seven  days'  notice by   publication in the  newspapers  designated  to  publish  the  concurrent   resolutions of the legislature. In addition, at least seven days' notice   of  the  hearing  shall  be  given in writing to the supervisor and town   clerk of each town and to the mayor and clerk of each city  or  village,    any  portion  of  which  falls  within the part of the master plan under   consideration. Any recommendation made by such  commission  must  be  by   resolution  carried  by  the  affirmative  vote  of  not  less than five   members,  failing  which,  the  resolution  shall be deemed to have been   lost.4. The board of supervisors shall have power by local law to adopt the   master plan recommended  by  the  county  planning  commission,  or  any   portion,  amendment  or extension thereof or addition thereto, in so far   as the same relates  to  any  portion  of  the  county  other  than  the   territory  within  the  boundaries  of  any  city, or village which have   adopted a plan of development and also  any  portion  which  relates  to   state  highways and county or town roads, county buildings and navigable   waterways, irrespective of  whether  they  may  be  located  within  the   boundaries  of  any city or village or elsewhere within the county. Upon   the adoption of any such local law, the board of supervisors shall  file   with  the  county  clerk  forthwith  a certified copy thereof, including   copies of all relevant maps and plans.5. Whenever a master plan, or one or more parts  thereof,  shall  have   been  adopted as hereinbefore provided, no street, square, park or other   public way, ground, open space or other public place,  public  building,   structure  or public utility (whether publicly or privately owned) shall   be constructed or authorized in any portion of the county in respect  to   which  said  plan  or part thereof has been adopted, until the location,   character and extent thereof shall have been submitted to  and  approved   by  the  county  planning commission as conforming to the general intent   and purpose of the master plan.   The county planning  commission  shall   make  rules  relating to such matters, which shall provide for notice to   all parties interested, including units of local government which may be   affected thereby, and including the office of parks  and  recreation  if   the  matter  submitted  relates  to any portion of the county within two   hundred feet of any state park  or  parkway.  If  the  matter  submitted   relates  to  the  territory  of  any  unit of local government which has   adopted a plan of development prior to the adoption of the master  plan,   such  plan  shall  not  be superseded except by a two-thirds vote of the   whole number of members of the county planning commission.6. The laws conferring authority upon units of  local  government  and   the  officers,  boards  and  commissions  thereof,  to  adopt ordinances   regulating and restricting the height, number of  stories  and  size  of   buildings  and  other  structures,  the  percentage  of lots that may be   occupied, the size of yards, courts and other open spaces,  the  density   of  population,  and  the  location and use of buildings, structures and   land for trade, industry, residence or other purposes shall continue  in   full  force  and effect and such ordinances shall continue in full force   and effect in such units of local government, provided, however, that if   such master plan  and  the  provisions  of  any  such  zoning  ordinance   conflict, such master plan shall supersede such zoning ordinance, if, in   such  respect  it  shall be reaffirmed by a two-thirds vote of the whole   number of the members of the county planning commission, after a hearing   thereon in the manner provided for the adoption of such master plan.