2023 New York Laws › HAY - Highway › Article 6 - County Roads › 131-J - Development of Highways and Other Improvements in Certain Counties.

§  131-j.  Development  of  highways and other improvements in certain
  counties. 1. The board of supervisors of any county having a  population
  of  more than twelve thousand and adjoining a county having a population
  of four hundred thousand or more may appoint seven citizens and resident
  taxpayers of said county, who when so appointed shall constitute a board
  of commissioners under the name and style of "..........................
  county planning and development commission," the name of the  county  to
  be  inserted  in  the  blank  space.  Two  of  such  commissioners first
  appointed shall hold office for a term to expire  December  thirty-first
  of  the  year  in  which  they are appointed; three for a term to expire
  December thirty-first of the year  next  following  the  year  of  their
  appointment;  two  for  a  term  to  expire December thirty-first of the
  second year following the year of their appointment; and thereafter each
  commissioner shall hold office for a term of three years, such terms  to
  expire  December  thirty-first  of  the  third  year. In case any of the
  persons so appointed shall not undertake the office of said  commission,
  or  in case of vacancy occasioned by the expiration of term of office or
  otherwise, such vacancy shall be filled by a majority vote of  the  said
  board of supervisors, and the persons so appointed shall hold office for
  the  term  of three years from the date of the expiration of the term of
  office of the commissioner in whose place he is appointed,  except  that
  when  a  person  is  appointed to a vacancy occurring before the term of
  office in which the vacancy occurs shall have been completed such person
  so appointed shall hold his office for the remainder of  the  said  term
  not completed by his predecessor and until another shall be appointed in
  his  place.  No member of said commission shall receive any compensation
  for his  services  as  commissioner,  but  each  commissioner  shall  be
  entitled  to receive his actual disbursements and expenses in performing
  the duties of his office.
Each commissioner shall before entering upon the duties of his  office
  take and subscribe the oath prescribed by the constitution of the state,
  which  oath shall be filed in the office of the county clerk.  The clerk
  of the board of supervisors of the county shall call a meeting  of  said
  commissioners  to be held at the court house within ten days after their
  appointment for the purpose of organization.  Such  commissioners  shall
  thereupon  proceed to organize and at such meeting, or at any subsequent
  meeting, select a president, vice-president,  secretary  and  treasurer,
  who  shall,  except  the  secretary,  be members of the commission. Such
  commission may adopt a seal and a majority of such  commissioners  shall
  constitute  a quorum for the transaction of business. The commisison may
  employ such counsel as may be necessary and may also employ experts  and
  other assistants and incur such other expenses as may be found necessary
  within  the  amounts  appropriated  by  the board of supervisors of said
  county, and the disbursements and expenses of the commission within  the
  amounts thus appropriated are hereby declared to be a county charge. The
  commission  shall  keep  a record of its proceedings which together with
  its approved maps, adopted plans, documents and acts shall be  a  public
  record  and  be  open  to public inspection at such times and under such
  reasonable regulations as  the  commission  shall  determine.  The  said
  commission  shall  maintain  a  suitable  office  where its maps, plans,
  papers and records shall be kept. And for the purposes of this act  such
  commission  is  empowered  to  employ  and  at  pleasure  discharge such
  officers and employees as it may deem necessary and may determine  their
  duties  and  fix their compensation, to be paid as other county salaries
  are paid, provided, however, that the total of such  salaries  shall  be
  within  the  amount  appropriated  by  the board of supervisors for that
  purpose.
3. The commission shall from time to time and at  least  semi-annually
  make a report to the board of supervisors of the work done by it.
4.  The  commission  shall from time to time prepare and submit to the
  board of supervisors of the county proposed plans  and  suggestions  for
  action  by  such  board  of supervisors for the construction of highways
  within the county and such plans may show the proposed changes in  width
  or  route  of such highways and the location of desirable new trunk line
  highways. Such plans  shall  also  show,  so  far  as  practicable,  the
  subdivision  of the county into drainage areas and adequate water supply
  system and other matters  which  would  tend  to  improve  the  sanitary
  conditions of the county.
5. The commission shall have the right on behalf of the county to take
  in  fee  or  otherwise  by  gift  or devise lands or rights and interest
  therein, or to  receive  by  gift,  contribution  or  bequest  money  or
  property  to  be  used for any of the improvements as may be approved by
  the board of supervisors as herein provided, all of which gifts, devises
  or bequests shall be to and in the name of the county, which  is  hereby
  authorized  by  and through the commission to accept the same for one or
  more of the purposes as in this act provided, or  to  reject  the  same.
  All  such moneys so given or bequeathed shall, unless otherwise provided
  by the terms of such gift or  bequest,  be  deposited  with  the  county
  treasurer  and  be  subject  to  the  order  of the commission as may be
  provided by resolution of the board of supervisors.
6. The commission on behalf  of  the  county  may  and  it  hereby  is
  authorized  to  apply to the proper authorities of the state of New York
  for a grant or grants of land under water, adjacent to any  uplands  now
  or  hereafter  owned  by  the  county and the land board, or other state
  officials authorized to make and execute grants of land under water  for
  and  on  behalf  of  the  state  of  New  York shall and they hereby are
  authorized and directed to release to the county any and all  rights  of
  the  state  therein,  such  grants  to be subject to such conditions and
  restrictions as to it or them shall  seem  proper,  but  for  a  nominal
  consideration.
7.  The  board of supervisors may by resolution passed at any regular,
  special or monthly meeting adopt, modify and ratify or reject any  plans
  or  suggestions that may be reported to it by said commission and if and
  when so adopted, modified and ratified said board of supervisors may  at
  the  same  time  estimate the cost of the improvements, or at any one or
  more subsequent time or times, and may make additional estimates of  the
  cost of such improvements to be made as by such plans or suggestions set
  forth,  and  also  the  expenses  of  said  commission  as  the board of
  supervisors may by resolution from time to time authorize.
8. It shall be the duty of the board of supervisors  to  cause  to  be
  raised  annually in each fiscal year by tax upon the taxable property of
  said county in the same manner as other taxes are levied and  collected,
  a  sufficient  sum  to pay the principal of and interest on any bonds or
  notes issued to carry out the provisions of this section. It shall  also
  be  the  duty of said board of supervisors in like manner to cause to be
  raised annually in each fiscal year a sum sufficient to pay all  charges
  and  expenses  legally  chargeable  against  the  county  for  the care,
  maintenance and operation of any public improvement created as specified
  in this section.