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

§  239-c.  County planning boards. 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 county planning boards.
(b) county planning boards serve as an 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,  county
planning boards focus on opportunities and  issues  best  handled  at  a
county-wide scale.
(d)  the  development  of  a  county  comprehensive  plan  can  foster
cooperation  among   governmental   agencies   in   the   planning   and
implementation  of  capital  projects.  Similarly,  county comprehensive
plans can promote intermunicipal cooperation in the provision of  public
services.
(e)   citizen   participation   is   essential   to   the  design  and
implementation of a county comprehensive plan.
(f) the great diversity of resources and conditions that exist  within
and  among  counties  requires  consideration  of such factors by county
planning boards.
(g) it is the intent  of  the  legislature  therefore,  to  provide  a
permissive  and  flexible  framework within which county planning boards
can perform their power and duties.
1-a. Alternate  members  of  county  planning  boards.  (a)  A  county
legislative  body  may,  by  local  law  or  as  a part of the local law
creating the county planning board, establish alternate  planning  board
member  positions for purposes of substituting for a member in the event
such member is unable to participate because of a conflict of  interest.
Alternate  members  of  the  county planning board shall be appointed by
resolution of the county legislative body, for terms established by such
legislative body.
(b) The chairperson of the planning board may designate  an  alternate
member  to  substitute  for  a  member  when  such  member  is unable to
participate because of a conflict  of  interest  on  an  application  or
matter  before the board. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the board.
Such designation shall be  entered  into  the  minutes  of  the  initial
planning board meeting at which the substitution is made.
(c)  All  provisions of this section relating to county planning board
member  training  and  continuing  education,  attendance,  conflict  of
interest,  compensation,  eligibility,  vacancy  in office, removal, and
service on other boards, shall also apply to alternate members.
2. Establishment of  county  planning  board.  (a)  Creation.  In  the
absence  of  a  county  administrative  code or county charter which may
otherwise provide for the creation  of  a  county  planning  board,  the
county  legislative body alone, or in collaboration with the legislative
bodies of the municipalities in  such  county  may  establish  a  county
planning board.
(b)  Membership.  Members and officers of such board shall be selected
in a number and manner determined by the  county  legislative  body.  In
making  such  appointments,  the  county  legislative body shall include
members from a broad cross  section  of  interests  within  the  county.
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 board shall be
determined by the county legislative body. The county  legislative  body
may  provide  for  the appointment of individuals to serve as ex-officio

members of the county planning board. Said ex-officio members  or  their
designees  may  participate  in the deliberations of the county planning
board, 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  county  planning  board,  as
appointed  by  the  county  legislative  body  pursuant to this section,
because such member is an elected or appointed official of the county or
a municipality. A member of a county planning board shall excuse himself
or herself from any  deliberation  or  vote  relating  to  a  matter  or
proposal  before  such  county  planning  board 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. (i) Each member of a  county
planning board shall complete, at a minimum, four hours of training each
year designed to enable such members to more effectively carry out their
duties. Training received by a member in excess of four hours in any one
year may be carried over by the member into succeeding years in order to
meet the requirements of this paragraph. Such training shall be approved
by  the county and may include, but not be limited to, training provided
by a regional or county planning office or commission,  county  planning
federation,  state  agency,  statewide municipal association, college or
other similar entity. Training may be provided in a variety of  formats,
including but not limited to, electronic media, video, distance learning
and traditional classroom training.
(ii) To be eligible for reappointment to such board, such member shall
have  completed  the  training  promoted  by the county pursuant to this
paragraph.
(iii) The training  required  by  this  paragraph  may  be  waived  or
modified  by the county when, in the judgment of the governing board, it
is in the best interest of the county to do so.
(iv) No decision of  a  county  planning  board  shall  be  voided  or
declared invalid because of a failure to comply with this paragraph.
(e)  Member  reimbursement.  The members of such county planning board
shall receive no salary or compensation for their services as members of
such board but may be reimbursed for authorized,  actual  and  necessary
travel and expenditures.
(f)  Removal  of  members.  The county legislative body may remove any
member of such planning board for cause, and may provide  by  resolution
for removal of any planning board member for non-compliance with minimum
requirements  relating to meeting attendance and training as established
by the county legislative body by resolution.
(g) By-laws. The county planning board shall adopt  by-laws  governing
its  operation,  which  shall be approved by the county legislative body
and shall keep a record of its resolutions, transactions,  findings  and
determinations, which record shall be a public record.
(h) Appropriation; expenses. The county legislative body and municipal
legislative  bodies  may,  in their discretion, appropriate and raise by
taxation, money for the expenses of such  county  planning  board.  Such
bodies  shall  not  be  charged  for  any expense incurred by such board
except pursuant to such appropriation. The county planning  board  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, not to exceed the appropriation
that may be made therefor by the county legislative body for such county
planning board.
(i)  Authority  to  receive  and  expend  funds. In furtherance of the
purposes of this article, the county  planning  board  may  receive  and
expend  public funds and grants from private foundations or agencies 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.
3.  County  planning  board  powers  and duties. (a) Review of certain
municipal planning and zoning actions. The county legislative body  may,
by resolution, authorize the county planning board to conduct reviews of
certain  classes  of  planning  and  zoning  actions  by a city, town or
village  within  such  county   pursuant   to   sections   two   hundred
thirty-nine-l  and  two  hundred  thirty-nine-m  of this article, and to
review  certain  subdivision  plats  pursuant  to  section  two  hundred
thirty-nine-n of this article.
(b) County comprehensive plan. The county legislative body may request
the  county  planning  board  to  assist  in the preparation of a county
comprehensive plan  and  amendments  thereto  pursuant  to  section  two
hundred thirty-nine-d of this article.
(c)  County  official map. The county legislative body may request the
county planning board to prepare a county official  map  and  amendments
thereto pursuant to section two hundred thirty-nine-e of this article.
(d)  County  studies.  The county planning board may undertake studies
relevant to the future growth, development, and protection of the county
and municipalities therein, including studies in  support  of  a  county
comprehensive plan.
(e)  Local studies. The county planning board may assist a city, town,
or village in the study  of  ways  to  obtain  economy,  efficiency  and
quality in the planning and provision of municipal services.
(f)  Collection  and  distribution of information. The county planning
board may collect and  distribute  information  relative  to  county  or
municipal  planning  and  zoning  in  such county. Upon request from the
county or a  municipality  the  planning  board  may  recommend  to  the
legislative   body   of   the   county   or  such  municipalities  whose
jurisdictions are served by the county planning  board  a  comprehensive
plan  which  shall  designate  suitable areas to be zoned for land uses,
taking into consideration, but not limited to, such factors as  existing
and  projected  highways,  parks,  open  spaces, parkways, public works,
public  utilities,  public  transportation  terminals  and   facilities,
population trends, topography and geologic structure.
(g)  Local technical assistance. The county planning board may furnish
such technical services as a municipality within the county may request.
Such services may  include,  but  not  be  limited  to  assistance  with
planning  and land use functions, use of geographic information systems,
infrastructure  development,  as  well   as   inter-municipal   services
delivery,  and  may be provided directly by the county planning board or
in coordination with other county departments or agencies. The  charges,
if  any, to be made for such services shall be established by the county
legislative body.
(h) Highway construction.  Before  the  final  approval  of  any  plan
involving  the  construction  or  reconstruction  of any state or county
highway, with or without federal aid, the county planning board shall be
given an opportunity to examine such plans and  offer  suggestions  with
respect  thereto.  This  paragraph  shall  in  no manner be construed as
nullifying or contravening the final approval  of  the  commissioner  of
transportation.
4.  Annual  report.  The  county planning board shall submit an annual
report to the county legislative body and include in such report  topics
that are required in the by-laws of the county planning board.
5.  Voting  requirements.  Every  motion  or  resolution  of  a county
planning board shall require for its adoption the affirmative vote of  a
majority of all the members of the county planning board.