NY Vill L § 7-741 (2021)
2021 New York Laws VIL - Village Article 7 - Building Zones 7-741 - Intermunicipal Cooperation in Comprehensive Planning and Land Use Regulation.

§  7-741 Intermunicipal cooperation in comprehensive planning and land use regulation. 1. Legislative  intent.  This  section  is  intended  to illustrate  the  statutory  authority that any municipal corporation has under article five-G of the general municipal law and place within  land use  law  express  statutory authority for cities, towns and villages to enter into agreements to undertake comprehensive planning and  land  use regulation with each other or one for the other, and to provide that any city,  town  or village may contract with a county to carry out all or a portion of the ministerial functions related to the  land  use  of  such city,  town  or  village as may be agreed upon. By the enactment of this section the legislature seeks to promote  intergovernmental  cooperation that  could  result  in  increased  coordination  and  effectiveness  of comprehensive planning and land use regulation, more  efficient  use  of infrastructure   and   municipal  revenues,  as  well  as  the  enhanced protection of community resources, especially where such resources  span municipal boundaries.   2.  Authorization and effects. (a) In addition to any other general or special powers vested in a village to prepare a comprehensive  plan  and enact  and  administer  land use regulations, by local law or ordinance, rule or regulation, each village is hereby  authorized  to  enter  into, amend,  cancel  and  terminate agreements with any other municipality or municipalities to undertake all or a portion of such  powers,  functions and duties.  (b)  Any  one  or  more  municipalities  located in a county which has established  a  county  planning  board,  commission  or  other  agency, hereinafter  referred  to  as  a  county  planning  agency,  are  hereby authorized to enter into, amend, cancel and  terminate  agreements  with such  county in order to authorize the county planning agency to perform and  carry  out  certain  ministerial  functions  on  behalf   of   such municipality  or municipalities related to land use planning and zoning. Such functions may include,  but  are  not  limited  to,  acting  in  an advisory  capacity,  assisting in the preparation of comprehensive plans and land use regulations to be adopted and enforced by such municipality or municipalities and participating in the formation  and  functions  of individual  or  joint  administrative boards and bodies formed by one or more municipalities.  (c) Such agreements shall apply only to the performance or exercise of any function or power which each of the municipal corporations  has  the authority  by  any  general  or  special  law  to prescribe, perform, or exercise separately.   3. Definitions. As used herein:  (a) "Municipality", means a city, town or village.  (b)  "Community  resource",  means   a   specific   public   facility, infrastructure   system,   or   geographic   area  of  special  economic development, environmental, scenic,  cultural,  historic,  recreational, parkland,  open  space,  natural resource, or other unique significance, located wholly or partially within the boundaries of one or  more  given municipalities.  (c)  "Intermunicipal  overlay  district",  means  a  special  land use district  which  encompasses  all  or  a  portion   of   one   or   more municipalities  for  the  purpose of protecting, enhancing or developing one or more community resources as provided herein.   4. Intermunicipal agreements. In addition to any other powers  granted to  municipalities  to  contract  with  each  other  to undertake joint, cooperative agreements any municipality may:  (a) create a consolidated planning board which may replace  individual planning  boards,  if  any, which consolidated planning board shall have the powers and duties as shall be determined by such agreement;  (b) create a consolidated zoning board of appeals  which  may  replace individual  zoning  boards of appeals, if any, which consolidated zoning board of appeals shall have the powers and duties as shall be determined by such agreement;  (c)  create a comprehensive plan and/or land use regulations which may be adopted independently by each participating municipality;  (d) provide for a land  use  administration  and  enforcement  program which  may  replace  individual  land use administration and enforcement programs, if any, the terms and conditions of which shall be  set  forth in such agreement; and  (e)  create  an  intermunicipal  overlay  district  for the purpose of protecting, enhancing or developing community resources  that  encompass two or more municipalities.   5.  Special considerations. (a) Making joint agreements. Any agreement made pursuant to the provisions of this section may  contain  provisions as the parties deem to be appropriate, and including provisions relative to the items designated in paragraphs a through m inclusive as set forth in  subdivision  two  of  section  one hundred nineteen-o of the general municipal law.  (b) Establishing the duration of agreement.  Any  agreement  developed pursuant  to  the  provisions of this section may contain procedures for periodic review of the terms and conditions, including those relating to the duration, extension or termination of the agreement.  (c) Amending local laws or ordinances. Local laws or ordinances  shall be  amended,  as  appropriate,  to  reflect  the provisions contained in intermunicipal agreements established pursuant to the provisions of this section.   6. Appeal of action  by  aggrieved  party  or  parties.  Any  officer, department, board or bureau of any municipality with the approval of the legislative  body,  or  any  person  or  persons  jointly  or  severally aggrieved by any act or decision of a planning board,  zoning  board  of appeals or agency created pursuant to the provisions of this section may bring  a  proceeding  by article seventy-eight of the civil practice law and rules in a court of record on  the  ground  that  such  decision  is illegal,  in  whole or in part. Such proceeding must be commenced within thirty days after the filing of the decision in the office of the board. Commencement of the proceeding shall stay proceedings upon the  decision from  which the appeal is taken. All issues in any proceeding under this section shall have  a  preference  over  all  other  civil  actions  and proceedings.   7.  Any agreements made between two or more municipalities pursuant to article five-G of the general municipal  law  or  any  other  law  which provides for the undertaking of any land use regulation or activity on a joint,  cooperative  or contract basis, if valid when so made, shall not be invalidated by the provisions of this section.   8. The provisions of this section shall be  in  addition  to  existing authority  and  shall  not  be  deemed  or  construed  as  a limitation, diminution  or  derogation  of  any  statutory   authority   authorizing municipal cooperation.