2006 New York Code - County Planning Commission.

 
    §  552.  County  planning  commission.  1.  If the alternative form of
  county government, or the modification or change of any such form, shall
  so provide, there shall be a county planning commission in such  county.
  Such commission shall consist of seven members who shall be appointed by
  the  board  of  supervisors  and either one or two ex-officio members as
  hereinafter provided.   Of the appointive  members  of  the  commission,
  three  shall  be appointed for terms of one year, three for terms of two
  years and one member shall be appointed  for  a  term  of  three  years.
  Successors  shall  be appointed for terms of three years each. A vacancy
  occurring otherwise than by  expiration  of  term  shall  be  filled  by
  appointment  by  the  board for the unexpired term. The county executive
  and director of public works in a county having such a  director,  shall
  be  ex-officio  members of the commission. The appointive members of the
  commission shall receive a compensation to be  fixed  by  the  board  of
  supervisors  at  not  exceeding  ten  dollars  for each meeting actually
  attended, together with their necessary  traveling  and  other  expenses
  incurred  in the performance of their duties. Such commission shall have
  power, within the limits of the  appropriation  made  by  the  board  of
  supervisors,   to  employ  a  secretary  and  other  necessary  clerical
  assistants and employ or contract with such technical assistants as  may
  be  necessary from time to time to give full effect to the provisions of
  this section. The department of public works, in counties having such  a
  department, shall furnish such engineering service as may be required by
  the commission.
    2.   The  county  planning  commission  shall  have  control  of  land
  subdivisions  in  towns  outside  cities  and  villages,  and   no   map
  subdividing  land  into lots for residential or business purposes in any
  such town shall be accepted for filing by the  county  clerk  unless  it
  shall  have  been  first  approved by the county planning commission and
  shall have such approval endorsed thereon.
    3. It shall be the duty of the county planning commission to make  and
  recommend  to  the  board  of supervisors a master plan for the physical
  development of the county,  which  plan,  with  the  accompanying  maps,
  plats, charts and descriptive matter, shall set forth recommendations of
  the  commission  for  the  development of the county, including, without
  excluding any other thing:  (a)  the  general  location,  character  and
  extent  of  streets,  highways,  viaducts,  subways, bridges, waterways,
  water  fronts,  boulevards,  parkways,  playgrounds,   squares,   parks,
  aviation  fields,  public  and  private parking spaces, and other public
  ways, grounds and open  spaces;  (b)  the  general  location  of  public
  buildings and other public property; (c) the general location and extent
  of   public  utilities  and  terminals  whether  publicly  or  privately
  operated,   for   water,   light,   sanitation,    transportation    and
  communication,   power   and   other  purposes;  and  (d)  the  removal,
  relocation,  alteration,  vacating,  abandonment,  change  of   use   or
  extension  of  any of the foregoing features of the plan. As the work of
  carrying the master plan into effect progresses,  such  commission  may,
  from  time to time, recommend to the board of supervisors that action be
  taken with respect to a part or parts thereof covering one or more major
  sections or divisions of the county or one or  more  of  the  functional
  matters included in the plan. Before recommending the master plan or any
  part  thereof,  or  any amendment, extension or addition thereto, to the
  board of supervisors, such commission shall hold  at  least  one  public
  hearing,  of  which  it  shall  give  at  least  seven  days'  notice by
  publication in the  newspapers  designated  to  publish  the  concurrent
  resolutions of the legislature. In addition, at least seven days' notice
  of  the  hearing  shall  be  given in writing to the supervisor and town
  clerk of each town and to the mayor and clerk of each city  or  village,
  any  portion  of  which  falls  within the part of the master plan under
  consideration. Any recommendation made by such  commission  must  be  by
  resolution  carried  by  the  affirmative  vote  of  not  less than five
  members,  failing  which,  the  resolution  shall be deemed to have been
  lost.
    4. The board of supervisors shall have power by local law to adopt the
  master plan recommended  by  the  county  planning  commission,  or  any
  portion,  amendment  or extension thereof or addition thereto, in so far
  as the same relates  to  any  portion  of  the  county  other  than  the
  territory  within  the  boundaries  of  any  city, or village which have
  adopted a plan of development and also  any  portion  which  relates  to
  state  highways and county or town roads, county buildings and navigable
  waterways, irrespective of  whether  they  may  be  located  within  the
  boundaries  of  any city or village or elsewhere within the county. Upon
  the adoption of any such local law, the board of supervisors shall  file
  with  the  county  clerk  forthwith  a certified copy thereof, including
  copies of all relevant maps and plans.
    5. Whenever a master plan, or one or more parts  thereof,  shall  have
  been  adopted as hereinbefore provided, no street, square, park or other
  public way, ground, open space or other public place,  public  building,
  structure  or public utility (whether publicly or privately owned) shall
  be constructed or authorized in any portion of the county in respect  to
  which  said  plan  or part thereof has been adopted, until the location,
  character and extent thereof shall have been submitted to  and  approved
  by  the  county  planning commission as conforming to the general intent
  and purpose of the master plan.   The county planning  commission  shall
  make  rules  relating to such matters, which shall provide for notice to
  all parties interested, including units of local government which may be
  affected thereby, and including the office of parks  and  recreation  if
  the  matter  submitted  relates  to any portion of the county within two
  hundred feet of any state park  or  parkway.  If  the  matter  submitted
  relates  to  the  territory  of  any  unit of local government which has
  adopted a plan of development prior to the adoption of the master  plan,
  such  plan  shall  not  be superseded except by a two-thirds vote of the
  whole number of members of the county planning commission.
    6. The laws conferring authority upon units of  local  government  and
  the  officers,  boards  and  commissions  thereof,  to  adopt ordinances
  regulating and restricting the height, number of  stories  and  size  of
  buildings  and  other  structures,  the  percentage  of lots that may be
  occupied, the size of yards, courts and other open spaces,  the  density
  of  population,  and  the  location and use of buildings, structures and
  land for trade, industry, residence or other purposes shall continue  in
  full  force  and effect and such ordinances shall continue in full force
  and effect in such units of local government, provided, however, that if
  such master plan  and  the  provisions  of  any  such  zoning  ordinance
  conflict, such master plan shall supersede such zoning ordinance, if, in
  such  respect  it  shall be reaffirmed by a two-thirds vote of the whole
  number of the members of the county planning commission, after a hearing
  thereon in the manner provided for the adoption of such master plan.