NY Gen Mun L § 239-C (2021)
2021 New York Laws GMU - General Municipal Article 12-B - County Planning Boards and Regional Planning Councils 239-C - County Planning Boards.

§  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.