2006 New York Code - County Official Map.

 
    § 239-e. County official map. 1. Legislative intent. It is the general
  intent of this section and section two hundred nine-f of this chapter to
  enable counties to utilize certain regulatory powers which are essential
  for providing for orderly growth and development, for affording adequate
  facilities  for  the  safe,  convenient, and efficient means for traffic
  circulation including the vehicular movement of  goods,  for  protecting
  the  public  against  flood  damage,  and for providing needed space for
  public development. Such purposes are declared to be in promotion of the
  safety, convenience, and general welfare of the community.
    2. Purpose. The county legislative body may adopt an official  map  in
  order  to  facilitate the planning and development of roads and drainage
  systems and sites for public development. County official maps shall  be
  designed  to  assist  in  the  protection  of rights-of-way that will be
  needed for widened, realigned or new roads;  protect  drainage  systems;
  and protect sites for public development. Such county official map shall
  serve  as a basis for the adoption and administration of regulations for
  the control of development along or otherwise related to roads, drainage
  channels and sites for public development.
    3. Content. The county official map shall show existing  and  proposed
  rights-of-way  for  drainage systems and for county roads as established
  pursuant to article six of the highway law. Such map shall be consistent
  with any county comprehensive plan adopted or amended pursuant  to  this
  article.  In counties where the county legislative body has adopted such
  county  comprehensive  plan,  the  official  map   may   also   include:
  rights-of-way  required  for  any  proposed  transportation network; and
  sites for any proposed county, state or federal development  facilities,
  including  parks, drainage courses, water courses, and public buildings.
  No state or federal development facility shall be included,  changed  or
  deleted  in  the official map until approved by the appropriate state or
  federal agency.
    4. Adoption, amendment. After the conduct  of  a  public  hearing,  as
  hereinafter  provided, the county legislative body may adopt an official
  map covering the entire county, or portions thereof, and amend such  map
  whenever it may deem it to be in the public interest.
    (a)  Notice,  hearing.  A public hearing shall be held on any proposed
  adoption of, or amendment to, the official county map.  Notice  of  such
  hearing  shall be published at least ten days prior to such hearing in a
  newspaper of general circulation in the county. Written notice shall  be
  given  to  the  appropriate  state or federal agency for the development
  facilities affected.
    (b) Referral to county planning board. Prior to adopting or amending a
  county official map,  the  county  legislative  body  shall  refer  such
  proposed  change  to  the  county planning board, if any, and the county
  superintendent of highways or commissioner of public  works  for  report
  thereon within thirty days of such reference.
    (c)  Referral  to  municipalities.  The  county legislative body shall
  refer such proposed amendment to the legislative body and planning board
  of each municipality within  the county, which may report thereon to the
  county legislative body  and  to  the  county  planning  board.  If  the
  municipal  legislative  body  disapproves  by  resolution  such proposed
  amendment, the county legislative body may not so amend the official map
  except by a two-thirds vote of said body. In counties where  the  county
  legislative  body  has  adopted  a county comprehensive plan, the county
  legislative body  may  change  the  official  map  by  a  majority  vote
  notwithstanding  such  municipal disapproval so long as the change is in
  accordance with the county comprehensive plan.
    5. Effect. (a) The official county map shall be final  and  conclusive
  with  respect to the location, width and dimensions of all rights-of-way
  and sites as shown thereon. The county official map shall be  deemed  to
  be  in  addition  to,  or  an  amendment  of,  the  official  map of any
  municipality. If a municipality does  not  have  an  official  map,  the
  county  official map as it affects such municipality shall be considered
  to be the official map of such municipality, and all provisions  of  law
  applying  to  municipal official maps shall be applicable in the case of
  county official maps where they affect municipalities. The adoption of a
  county official map shall in no way supersede  or  otherwise  substitute
  for  highway  maps  or  procedures adopted pursuant to the state highway
  law. No permit shall be issued for any building in any  right-of-way  or
  site,  shown or laid out on a county official map, except in accord with
  the appeal procedures herein.
    (b) All county land acquisitions and public improvements shall  be  in
  accordance  with  the  county  map and any comprehensive plan adopted or
  amended pursuant to this article.
    6. Filing. Certified copies  of  such  county  official  map  and  all
  amendments  thereto shall be sent to each municipality, the secretary of
  state, and appropriate state and federal agencies affected,  within  ten
  days of the date of adoption.
    7.  Appeals.  If  the land within a right-of-way or site shown or laid
  out on the county official map is not yielding  a  fair  return  on  its
  value to the owner, the owner may appeal to the zoning board of appeals,
  if any, or other board established by the municipality in which the land
  is situated to issue variances or make exceptions in zoning regulations.
    (a)  Notice,  hearing. Notice of a public hearing on such appeal shall
  be published in a newspaper of general circulation in  the  municipality
  at  least  ten  days prior to such hearing. Notice of such hearing shall
  also be given at least ten days in advance by a registered letter to the
  superintendent of highways or commissioner of public works, to the clerk
  of the county legislative body, and to the  county  planning  board  and
  those state and federal agencies affected.
    (b)  Conditions. The zoning board of appeals or other board authorized
  by the municipal legislative body to issue building  permits  shall,  by
  the  vote of two-thirds of its members in accordance with the provisions
  of section two hundred thirty-nine-f of this article, have the power  to
  grant a permit for a building in such right-of-way or site which will as
  little  as  practicable increase the cost of acquiring such right-of-way
  or site or tend to cause a change of the county official map. Such board
  may impose reasonable requirements  as  a  condition  of  granting  such
  permit,  which requirements shall inure to the benefit of the county and
  of the municipality in which such building is located.
    (c)  Court  review.  Any  person  or  persons,  jointly  or  severally
  aggrieved  by  any  decision  of  the  board  of  appeals or other board
  authorized by the municipal legislative body to issue  building  permits
  may  apply to the supreme court for review by a proceeding under article
  seventy-eight of the civil practice law and rules. Such appeal shall  be
  taken  in the same manner and pursuant to the same provisions as appeals
  from the decisions of such zoning board of appeals or  other  authorized
  board.