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

§ 239-e. County official map. 1. Legislative intent. It is the general intent of this section and section two hundred nine-f of this chapter to enable counties to utilize certain regulatory powers which are essential for providing for orderly growth and development, for affording adequate facilities  for  the  safe,  convenient, and efficient means for traffic circulation including the vehicular movement of  goods,  for  protecting the  public  against  flood  damage,  and for providing needed space for public development. Such purposes are declared to be in promotion of the safety, convenience, and general welfare of the community.   2. Purpose. The county legislative body may adopt an official  map  in order  to  facilitate the planning and development of roads and drainage systems and sites for public development. County official maps shall  be designed  to  assist  in  the  protection  of rights-of-way that will be needed for widened, realigned or new roads;  protect  drainage  systems; and protect sites for public development. Such county official map shall serve  as a basis for the adoption and administration of regulations for the control of development along or otherwise related to roads, drainage channels and sites for public development.   3. Content. The county official map shall show existing  and  proposed rights-of-way  for  drainage systems and for county roads as established pursuant to article six of the highway law. Such map shall be consistent with any county comprehensive plan adopted or amended pursuant  to  this article.  In counties where the county legislative body has adopted such county  comprehensive  plan,  the  official  map   may   also   include: rights-of-way  required  for  any  proposed  transportation network; and sites for any proposed county, state or federal development  facilities, including  parks, drainage courses, water courses, and public buildings. No state or federal development facility shall be included,  changed  or deleted  in  the official map until approved by the appropriate state or federal agency.   4. Adoption, amendment. After the conduct  of  a  public  hearing,  as hereinafter  provided, the county legislative body may adopt an official map covering the entire county, or portions thereof, and amend such  map whenever it may deem it to be in the public interest.  (a)  Notice,  hearing.  A public hearing shall be held on any proposed adoption of, or amendment to, the official county map.  Notice  of  such hearing  shall be published at least ten days prior to such hearing in a newspaper of general circulation in the county. Written notice shall  be given  to  the  appropriate  state or federal agency for the development facilities affected.  (b) Referral to county planning board. Prior to adopting or amending a county official map,  the  county  legislative  body  shall  refer  such proposed  change  to  the  county planning board, if any, and the county superintendent of highways or commissioner of public  works  for  report thereon within thirty days of such reference.  (c)  Referral  to  municipalities.  The  county legislative body shall refer such proposed amendment to the legislative body and planning board of each municipality within  the county, which may report thereon to the county legislative body  and  to  the  county  planning  board.  If  the municipal  legislative  body  disapproves  by  resolution  such proposed amendment, the county legislative body may not so amend the official map except by a two-thirds vote of said body. In counties where  the  county legislative  body  has  adopted  a county comprehensive plan, the county legislative body  may  change  the  official  map  by  a  majority  vote notwithstanding  such  municipal disapproval so long as the change is in accordance with the county comprehensive plan.   5. Effect. (a) The official county map shall be final  and  conclusive with  respect to the location, width and dimensions of all rights-of-way  and sites as shown thereon. The county official map shall be  deemed  to be  in  addition  to,  or  an  amendment  of,  the  official  map of any municipality. If a municipality does  not  have  an  official  map,  the county  official map as it affects such municipality shall be considered to be the official map of such municipality, and all provisions  of  law applying  to  municipal official maps shall be applicable in the case of county official maps where they affect municipalities. The adoption of a county official map shall in no way supersede  or  otherwise  substitute for  highway  maps  or  procedures adopted pursuant to the state highway law. No permit shall be issued for any building in any  right-of-way  or site,  shown or laid out on a county official map, except in accord with the appeal procedures herein.  (b) All county land acquisitions and public improvements shall  be  in accordance  with  the  county  map and any comprehensive plan adopted or amended pursuant to this article.   6. Filing. Certified copies  of  such  county  official  map  and  all amendments  thereto shall be sent to each municipality, the secretary of state, and appropriate state and federal agencies affected,  within  ten days of the date of adoption.   7.  Appeals.  If  the land within a right-of-way or site shown or laid out on the county official map is not yielding  a  fair  return  on  its value to the owner, the owner may appeal to the zoning board of appeals, if any, or other board established by the municipality in which the land is situated to issue variances or make exceptions in zoning regulations.  (a)  Notice,  hearing. Notice of a public hearing on such appeal shall be published in a newspaper of general circulation in  the  municipality at  least  ten  days prior to such hearing. Notice of such hearing shall also be given at least ten days in advance by a registered letter to the superintendent of highways or commissioner of public works, to the clerk of the county legislative body, and to the  county  planning  board  and those state and federal agencies affected.  (b)  Conditions. The zoning board of appeals or other board authorized by the municipal legislative body to issue building  permits  shall,  by the  vote of two-thirds of its members in accordance with the provisions of section two hundred thirty-nine-f of this article, have the power  to grant a permit for a building in such right-of-way or site which will as little  as  practicable increase the cost of acquiring such right-of-way or site or tend to cause a change of the county official map. Such board may impose reasonable requirements  as  a  condition  of  granting  such permit,  which requirements shall inure to the benefit of the county and of the municipality in which such building is located.  (c)  Court  review.  Any  person  or  persons,  jointly  or  severally aggrieved  by  any  decision  of  the  board  of  appeals or other board authorized by the municipal legislative body to issue  building  permits may  apply to the supreme court for review by a proceeding under article seventy-eight of the civil practice law and rules. Such appeal shall  be taken  in the same manner and pursuant to the same provisions as appeals from the decisions of such zoning board of appeals or  other  authorized board.