2023 New York Laws › VIL - Village › Article 7 - Building Zones › 7-741 - Intermunicipal Cooperation in Comprehensive Planning and Land Use Regulation.

§  7-741 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 village to prepare a comprehensive  plan  and
enact  and  administer  land use regulations, by local law or ordinance,
rule or regulation, each village 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 board.
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.