NY Town L § 284 (2021)
2021 New York Laws TWN - Town Article 16 - Zoning and Planning 284 - Intermunicipal Cooperation in Comprehensive Planning and Land Use Regulation.

§  284.  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 town to  prepare  a  comprehensive  plan  and enact  and  administer  land use regulations, by local law or ordinance, rule or regulation, each town 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  town clerk.  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.