2023 New York Laws › GMU - General Municipal › Article 5-J - Intermunicipal Cooperation; Shared Services › 119-U - Intermunicipal Cooperation in Comprehensive Planning and Land Use Regulation.

§ 119-u. 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  this  chapter  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  city,  town  or  village  to  prepare  a
comprehensive plan and enact and administer  land  use  regulations,  by
local  law  or ordinance, rule or regulation, each city, town or 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)  "Land use regulation", means an ordinance or local law enacted by
a municipality for  the  regulation  of  any  aspect  of  land  use  and
community  resource  protection  and  includes  any zoning, subdivision,
special use permit or site plan  regulation  or  any  other  regulations
which  prescribe the appropriate use of property or the scale, location,
and intensity of development.
(c)  "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.
(d)  "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 this chapter.
(b) Establishing the duration of agreement. Any  local  law  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 this chapter or  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  constructed  as  a  limitation,
diminution   or   derogation  of  any  statutory  authority  authorizing
municipal cooperation.