2023 New York Laws › GMU - General Municipal › Article 12-B - County Planning Boards and Regional Planning Councils › 239-H - Regional Planning Councils.

§  239-h.  Regional  planning  councils.  1.  Legislative findings and
intent.  The legislature hereby finds and determines that:
(a) Significant decisions and  actions  affecting  the  immediate  and
long-range  protection, enhancement, growth and development of the state
and its communities are made by regional planning councils.
(b) Regional planning councils  serve  as  an  increasingly  important
resource   to  the  state  and  its  localities,  helping  to  establish
productive linkages between  communities  as  well  as  with  state  and
federal agencies.
(c)  Through  comprehensive  planning  and  special  studies, regional
planning councils provide focus on opportunities and issues best handled
on a broad geographic scale.
(d) The development  of  a  regional  comprehensive  plan  can  foster
cooperation   among   governmental   agencies   in   the   planning  and
implementation of capital projects.  Similarly,  regional  comprehensive
plans  can promote intermunicipal cooperation in the provision of public
services.
(e)  Citizen  participation   is   essential   to   the   design   and
implementation of a regional comprehensive plan.
(f)  The great diversity of resources and conditions that exist within
and among regions requires consideration of  such  factors  by  regional
planning councils.
(g)  It  is  the  intent  of  the  legislature therefore, to provide a
permissive  and  flexible  framework  within  which  regional   planning
councils can perform their powers and duties.
2.  Definitions.  For  the  purposes  of  this section and section two
hundred thirty-nine-i of this article the term "municipality" shall mean
any city, town, village or county.
3. Establishment of  regional  planning  council.  (a)  Creation.  Any
municipal  legislative body may collaborate with the legislative body of
a contiguous municipal legislative body to create  a  regional  planning
council under this article. The legislative bodies of the municipalities
participating in the regional planning council shall adopt by resolution
an   agreement   setting   forth   the  terms  and  conditions  of  such
collaboration. The regional planning  council  shall  be  considered  an
agency  of  a  political  subdivision  or  municipality  for purposes of
sections one hundred three, one hundred four  and  article  eighteen  of
this chapter and articles six and seven of the public officers law.
(b)  Membership.  Membership  and  officers  on  such council shall be
selected in a manner to be determined by the  collaborating  legislative
bodies.  In  making  such  appointments,  the  collaborating legislative
bodies shall include members from a broad  cross  section  of  interests
within  the  region.  Consideration  should  also  be  given to securing
representation by population  size,  geographic  location  and  type  of
municipality.  The  terms  of  membership  as  well  as  the  filling of
vacancies on such council  shall  be  determined  by  the  collaborating
legislative  bodies.  The  collaborating  legislative  bodies  may  also
jointly  provide  for  the  appointment  of  individuals  to  serve   as
ex-officio  members  of  the  regional planning council. Said ex-officio
members or their designees may participate in the deliberations  of  the
council, but shall not have voting privileges.
(c)  Membership  of elected or appointed officials. No person shall be
precluded from serving as a member of a  regional  planning  council  as
appointed by a collaborating municipal legislative body pursuant to this
section, because such member is an elected or appointed official of such
municipality.  A  member  of  a  regional  planning council shall excuse
himself or herself from any deliberation or vote relating to a matter or
proposal before such regional planning council which is or has been  the

subject of a proposal, application or vote before the municipal board of
which he or she is a member.
(d)   Training   and   attendance  requirements.  As  a  condition  of
appointment  to  the  regional  planning  council,   the   collaborating
legislative  bodies  may  establish  training,  continuing education and
meeting attendance requirements for such members.
(e) Member  reimbursement.  The  members  of  such  regional  planning
council  shall  receive  no salary or compensation for their services as
members of such council, but may be reimbursed  for  authorized,  actual
and necessary travel and expenditures.
(f)  Removal  of  members.  The legislative body of each collaborating
municipality may remove any regional planning council member which  said
municipal  legislative  body  has appointed for cause and may provide by
resolution for removal of any such regional planning council member  for
non-compliance  with minimum requirements relating to meeting attendance
and training as established by the collaborating legislative  bodies  by
resolution.
(g)  By-laws.  The  regional  planning  council  shall  adopt  by-laws
governing its operation which shall be  approved  by  the  collaborating
legislative   bodies  and  shall  keep  a  record  of  its  resolutions,
transactions, findings and  determinations,  which  record  shall  be  a
public record.
(h)  Appropriation; expenses. Collaborating legislative bodies may, in
their discretion, appropriate and  raise  by  taxation,  money  for  the
expenses  of  the  regional  planning  council; such bodies shall not be
charged with any expense  incurred  by  the  regional  planning  council
except  pursuant  to  such  appropriation.  The legislative body of each
collaborating municipality is authorized to provide for the  payment  of
the  moneys  so  appropriated  for  the  expenses  of such council to an
officer of the council designated in the council by-laws to receive such
moneys, provided that before any  such  money  shall  be  paid  to  such
officer,  such  officer  shall  have  executed  an  official undertaking
conditioned for  the  faithful  performance  of  duties  in  the  manner
provided  in  section  four hundred three of the county law and provided
that such undertaking shall have been approved by the  legislative  body
of each municipality. The regional planning council shall have the power
and  authority to employ staff, consultants and other experts and to pay
for their services, and to provide for such other  expenses  as  may  be
necessary and proper.
(i)  Authority  to  receive  and  expend  funds. In furtherance of the
purposes of this section, the regional planning council may receive  and
expend  public and private funds and grants from non-public foundations,
agencies, corporations, and private  entities  and  may  apply  for  and
accept  grants  from  the federal government or the state government and
enter into contracts for and agree to accept such grants,  donations  or
subsidies in accordance with such reasonable conditions and requirements
as may be imposed thereon.
4.  Regional  planning  council  powers  and  duties. (a) The regional
planning council shall have such of the following  powers  as  shall  be
provided in the agreement among the collaborating municipalites:
(i)  conduct  surveys,  studies  and  research  programs which address
regional needs and improve community services;
(ii) distribute information resulting from such surveys,  studies  and
programs;
(iii) prepare a regional comprehensive plan and any amendments thereto
pursuant to section two hundred thirty-nine-i of this article;
(iv)  consult  and  cooperate  with  appropriate  state, municipal and
public or private agencies in matters affecting the  region,  including,

but not limited to the general protection, enhancement, quality of life,
growth and development of the region;
(v)  assist  with  transportation  planning in areas of the region not
served  by  metropolitan  planning  organizations  created  pursuant  to
section fifteen-a of the transportation law; and
(vi) conduct reviews of certain classes of planning and zoning actions
by   a   city,   town  or  village  pursuant  to  sections  two  hundred
thirty-nine-l and two hundred thirty-nine-m of this article, and  review
certain  subdivision plats pursuant to section two hundred thirty-nine-n
of this article.
(b) A regional  planning  council  shall  not  undertake  any  capital
construction   project,   including  but  not  limited  to  the  design,
acquisition, construction, improvement, reconstruction or rehabilitation
of any capital  asset,  whether  in  the  nature  of  real  or  personal
property.
5.  Annual  report  and  audit.  Every regional planning council shall
submit an annual report to the collaborating legislative bodies  and  to
the department of audit and control which report shall include a summary
of  council  activities,  including  planning and technical services and
grant and loan programs, a  summary  of  the  financial  status  of  the
council,  including  the annual budget as well as any federal, state and
local funding and private sector financial assistance, and a summary  of
planned  future  activities  as  well as topics that are required in the
by-laws of  the  regional  planning  council.  Every  regional  planning
council shall engage a certified public accountant to complete an annual
financial  audit  and  audit  of  the  internal control structure of the
regional planning council, a copy of which  shall  be  included  in  the
annual report.
6.  Voting  requirements.  Every  motion  or  resolution of a regional
planning council shall require for its adoption the affirmative vote  of
a majority of all the members of the regional planning council.