2023 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.