2023 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.