2006 New York Code - Referral Of Certain Proposed Subdivision Plats To The County Planning Agency Or Regional Planning Council; Report Thereon; Final Action.

 
    * §  239-n.  Referral  of  certain  proposed  subdivision plats to the
  county planning agency or regional  planning  council;  report  thereon;
  final action. 1. Definitions. As used herein:
    (a)  The  term  "proposed"  as used in subparagraphs (ii) and (iii) of
  paragraph (a) of subdivision three of this section shall  be  deemed  to
  include  only  those  recreation areas, parkways, thruways, expressways,
  roads or highways which  are  shown  on  a  county  comprehensive  plan,
  adopted   pursuant   to   subdivision   seven  of  section  two  hundred
  thirty-nine-d of this article, or  shown  on  an  official  map  adopted
  pursuant to section two hundred thirty-nine-e of this article.
    (b)  The  term "undeveloped plat" shall mean those plats already filed
  in the office of the clerk of the county in which such plat  is  located
  where  twenty percent or more of the lots within the plat are unimproved
  unless existing conditions, such as poor drainage, have prevented  their
  development.
    (c)  The  term  "referring  body" shall mean the city, town or village
  body authorized by a municipal legislative body to  approve  preliminary
  or final plats or to approve the development of undeveloped plats and/or
  plats already filed in the office of the county clerk.
    2.  Referral  of proposed plats. In any city, town or village which is
  located in a county which has a county planning agency authorized by the
  county legislative body to review  preliminary  or  final  plats  or  to
  approve the development of undeveloped plats, the clerk of the municipal
  planning  agency,  upon  receipt  of  application for preliminary and/or
  final  approval  of  a  subdivision  plat  or  proposal  to  develop  an
  undeveloped  plat and/or plats already filed in the office of the county
  clerk, shall refer certain of such plats to the county planning  agency.
  In  the absence of a county planning agency, the county legislative body
  may authorize a regional planning council whose geographic area includes
  the county, to perform the review functions prescribed herein.
    3. Plats subject to  referral.  (a)  The  following  applications  for
  approval  of  preliminary  or final plats and undeveloped plats shall be
  subject to the referral requirements of this section, if the application
  applies to real property within five hundred feet of the following:
    (i) the boundary of any city, village, or town; or
    (ii) the boundary of any existing or proposed county or state park  or
  other recreation area; or
    (iii)  the  right-of-way  of  any existing or proposed county or state
  parkway, thruway, expressway, road or highway; or
    (iv) the existing or proposed right-of-way of any stream  or  drainage
  channel  owned  by  the  county  or for which the county has established
  channel lines; or
    (v) the existing or proposed boundary of any  county  or  state  owned
  land on which a public building or institution is situated; or
    (vi)  the  boundary  of  a  farm  operation located in an agricultural
  district, as defined by article twenty-five-AA of  the  agriculture  and
  markets law.
    (b)  The county planning agency or regional planning council may enter
  into an agreement with the referring body or other duly authorized  body
  of a city, town or village to provide that certain proposed plats are of
  local,  rather  than inter-community or county-wide concern, and are not
  subject to referral under this section.
    4. County planning agency  or  regional  planning  council  review  of
  proposed  plats;  recommendation, report. (a) The county planning agency
  or regional planning council, when authorized by the county  legislative
  body,  shall review any referred plat for inter-community or county-wide
  considerations,  including  but  not  limited  to  those  considerations
  identified  in  section  two  hundred thirty-nine-l of this article. The
  county planning agency or regional planning council may adopt such rules
  and regulations as are necessary to perform such function.  Such  county
  planning  agency  or regional planning council shall recommend approval,
  modification, or disapproval, of such plat, or report that such plat has
  no significant county-wide or inter-community impact.
    (b)  Such  county  planning agency or regional planning council, or an
  authorized agent of said agency or council, shall have thirty days after
  receipt of a preliminary  or  final  plat  or  proposal  to  develop  an
  undeveloped  plat, or such longer period as may have been agreed upon by
  the  county  planning  agency  or  regional  planning  council  and  the
  referring  body,  to  report  its recommendations to the referring body,
  accompanied by a statement of the reasons for such  recommendations.  If
  such county planning agency or regional planning council fails to report
  within  such  period,  the  referring  body may take final action on the
  referred plat without such report. However, any county  planning  agency
  or  regional  planning council report received after thirty days or such
  longer period as may have been agreed upon, but two or more  days  prior
  to  final  action  by  the  referring  body,  shall  be  subject  to the
  provisions of subdivision five of this section.
    5.  Extraordinary  vote  upon  recommendation   of   modification   or
  disapproval. If such county planning agency or regional planning council
  recommends modification or disapproval of a referred plat, the referring
  body shall not act contrary to such recommendation except by a vote of a
  majority plus one of all the members thereof.
    6.  Report of final action. Within thirty days after final action, the
  referring body shall file a report of the final action it has taken with
  the county planning agency or regional  planning  council.  A  referring
  body  which  acts  contrary  to  a  recommendation  of  modification  or
  disapproval of a proposed action shall set forth  the  reasons  for  the
  contrary action in such report.
    * NB There are 2 § 239-n's