NY Gen Mun L § 239-F (2021)
2021 New York Laws GMU - General Municipal Article 12-B - County Planning Boards and Regional Planning Councils 239-F - Approval of Building Permits, Curb Cuts, and Subdivision Plats.

§  239-f.  Approval  of  building  permits, curb cuts, and subdivision plats. 1. Rules and regulations. The county superintendent  of  highways or  the  commissioner  of  public  works  in cooperation with the county planning board as well as the county building inspector, if  any,  shall promulgate  rules  and  regulations  governing  the approval of building permits and curb cuts relating  to  elements  contained  in  the  county official  map,  including provision for direct application to him or her by prospective builders or by  persons  desiring  to  secure  access  to existing or proposed rights-of-way or to alter existing means of access. Any  approval of such application shall be subject to all the provisions of law pertaining to the municipality affected.   2. Procedure. No subdivision plat or building permit shall  be  issued or  approved  by  any  municipality  when there are proposed structures, proposed new streets, or proposed buildings which  shall  have  frontage on,  access  to,  or  be  otherwise  directly related to any existing or proposed right-of-way or site shown on the county official  map,  except in accord with the following procedures.  (a)  Notification.  (i) Upon receipt of an application for approval of a subdivision plat, the clerk of  the  municipal  planning  board  shall notify  the  county  planning  board  and  the  county superintendent of highways or commissioner of public works.  (ii) Upon  receipt  of  an  application  for  a  building  permit  the municipal  building  inspector  or  other  authorized municipal official shall notify county officials.  The county superintendent of highways or commissioner of public works shall notify appropriate state  or  federal agencies  affected.  Such  state  and  federal  agencies  shall have ten working days in which to file their objections to an application  for  a building permit.  (b)  Report.  (i) The county planning board shall review a subdivision application insofar as proposed structures or new streets may be related to any existing or proposed right-of-way or site  shown  on  the  county official  map.  Within  ten working days of receipt of notification of a subdivision plat application, the county planning board shall report  to the  municipality  on  its approval, disapproval, or approval subject to stated conditions.  (ii) The county superintendent of highways or commissioner  of  public works  shall  review  an  application  for  a building permit insofar as proposed building, including curb cuts or other means of access, may  be related  to  any  existing or proposed right-of-way or site shown on the county official map. Within ten working days of receipt  of  a  building permit application the county superintendent of highways or commissioner of  public  works  may  consult with the county planning board and shall report to the municipality on  his  or  her  approval,  disapproval,  or approval  subject  to  stated  conditions.  If  such  superintendent  or commissioner fails to make a report within  ten  working  days  of  such reference, the county shall forfeit the right to suspend action.  (c)  Considerations.  In  making such report the county planning board and the county superintendent of  highways  or  commissioner  of  public works shall take into consideration the following:  (i) the prospective character of the development;  (ii)  any appropriate access standards or non-access or limited access provisions of state and federal agencies;  (iii) the design and frequency of access;  (iv) the traffic which the development will generate and the effect of said traffic upon existing or proposed rights-of-way or sites  shown  on the county official map;  (v)  the  effect  of  this  development  upon  drainage  as related to drainage systems; and  (vi) the extent to which such development may impair  the  safety  and traffic   carrying  capacity  of  existing  and  proposed  rights-of-way affected.  (d)   Approval.  (i)  A  subdivision  plat  may  be  approved  by  the municipality subject to stated conditions, notwithstanding  such  county planning board report, by a two-thirds vote of all the members.  (ii)  A  building permit shall be issued in accord with and consistent with such report, provided that the board of appeals or other authorized board  may  vary  the  requirements  of  the  report   of   the   county superintendent  of  highways  or  the  commissioner of public works by a two-thirds vote of all the members. Before issuing such building permit, a notice of public hearing on  such  permit  shall  be  published  in  a newspaper  of  general  circulation  in  the  municipality  at least ten working days prior to such hearing. Such notice shall  be  forwarded  at least  ten  working  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,  if any, and appropriate state and federal agencies affected.