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

§  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:  (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.