§ 552 — County planning commission

New York § 552

• Jurisdiction: New York
• Law ACG: Alternative County Government
• Art. 12: Optional Transfer of Powers

Text

§ 552. County planning commission. 1. If the alternative form of\ncounty government, or the modification or change of any such form, shall\nso provide, there shall be a county planning commission in such county.\nSuch commission shall consist of seven members who shall be appointed by\nthe board of supervisors and either one or two ex-officio members as\nhereinafter provided. Of the appointive members of the commission,\nthree shall be appointed for terms of one year, three for terms of two\nyears and one member shall be appointed for a term of three years.\nSuccessors shall be appointed for terms of three years each. A vacancy\noccurring otherwise than by expiration of term shall be filled by\nappointment by the board for the unexpired term. The county executive\nand director of public works in a county having such a director, shall\nbe ex-officio members of the commission. The appointive members of the\ncommission shall receive a compensation to be fixed by the board of\nsupervisors at not exceeding ten dollars for each meeting actually\nattended, together with their necessary traveling and other expenses\nincurred in the performance of their duties. Such commission shall have\npower, within the limits of the appropriation made by the board of\nsupervisors, to employ a secretary and other necessary clerical\nassistants and employ or contract with such technical assistants as may\nbe necessary from time to time to give full effect to the provisions of\nthis section. The department of public works, in counties having such a\ndepartment, shall furnish such engineering service as may be required by\nthe commission.\n 2. The county planning commission shall have control of land\nsubdivisions in towns outside cities and villages, and no map\nsubdividing land into lots for residential or business purposes in any\nsuch town shall be accepted for filing by the county clerk unless it\nshall have been first approved by the county planning commission and\nshall have such approval endorsed thereon.\n 3. It shall be the duty of the county planning commission to make and\nrecommend to the board of supervisors a master plan for the physical\ndevelopment of the county, which plan, with the accompanying maps,\nplats, charts and descriptive matter, shall set forth recommendations of\nthe commission for the development of the county, including, without\nexcluding any other thing: (a) the general location, character and\nextent of streets, highways, viaducts, subways, bridges, waterways,\nwater fronts, boulevards, parkways, playgrounds, squares, parks,\naviation fields, public and private parking spaces, and other public\nways, grounds and open spaces; (b) the general location of public\nbuildings and other public property; (c) the general location and extent\nof public utilities and terminals whether publicly or privately\noperated, for water, light, sanitation, transportation and\ncommunication, power and other purposes; and (d) the removal,\nrelocation, alteration, vacating, abandonment, change of use or\nextension of any of the foregoing features of the plan. As the work of\ncarrying the master plan into effect progresses, such commission may,\nfrom time to time, recommend to the board of supervisors that action be\ntaken with respect to a part or parts thereof covering one or more major\nsections or divisions of the county or one or more of the functional\nmatters included in the plan. Before recommending the master plan or any\npart thereof, or any amendment, extension or addition thereto, to the\nboard of supervisors, such commission shall hold at least one public\nhearing, of which it shall give at least seven days' notice by\npublication in the newspapers designated to publish the concurrent\nresolutions of the legislature. In addition, at least seven days' notice\nof the hearing shall be given in writing to the supervisor and town\nclerk of each town and to the mayor and clerk of each city or village,\nany portion of which falls within the part of the master plan under\nconsideration. Any recommendation made by such commission must be by\nresolution carried by the affirmative vote of not less than five\nmembers, failing which, the resolution shall be deemed to have been\nlost.\n 4. The board of supervisors shall have power by local law to adopt the\nmaster plan recommended by the county planning commission, or any\nportion, amendment or extension thereof or addition thereto, in so far\nas the same relates to any portion of the county other than the\nterritory within the boundaries of any city, or village which have\nadopted a plan of development and also any portion which relates to\nstate highways and county or town roads, county buildings and navigable\nwaterways, irrespective of whether they may be located within the\nboundaries of any city or village or elsewhere within the county. Upon\nthe adoption of any such local law, the board of supervisors shall file\nwith the county clerk forthwith a certified copy thereof, including\ncopies of all relevant maps and plans.\n 5. Whenever a master plan, or one or more parts thereof, shall have\nbeen adopted as hereinbefore provided, no street, square, park or other\npublic way, ground, open space or other public place, public building,\nstructure or public utility (whether publicly or privately owned) shall\nbe constructed or authorized in any portion of the county in respect to\nwhich said plan or part thereof has been adopted, until the location,\ncharacter and extent thereof shall have been submitted to and approved\nby the county planning commission as conforming to the general intent\nand purpose of the master plan. The county planning commission shall\nmake rules relating to such matters, which shall provide for notice to\nall parties interested, including units of local government which may be\naffected thereby, and including the office of parks and recreation if\nthe matter submitted relates to any portion of the county within two\nhundred feet of any state park or parkway. If the matter submitted\nrelates to the territory of any unit of local government which has\nadopted a plan of development prior to the adoption of the master plan,\nsuch plan shall not be superseded except by a two-thirds vote of the\nwhole number of members of the county planning commission.\n 6. The laws conferring authority upon units of local government and\nthe officers, boards and commissions thereof, to adopt ordinances\nregulating and restricting the height, number of stories and size of\nbuildings and other structures, the percentage of lots that may be\noccupied, the size of yards, courts and other open spaces, the density\nof population, and the location and use of buildings, structures and\nland for trade, industry, residence or other purposes shall continue in\nfull force and effect and such ordinances shall continue in full force\nand effect in such units of local government, provided, however, that if\nsuch master plan and the provisions of any such zoning ordinance\nconflict, such master plan shall supersede such zoning ordinance, if, in\nsuch respect it shall be reaffirmed by a two-thirds vote of the whole\nnumber of the members of the county planning commission, after a hearing\nthereon in the manner provided for the adoption of such master plan.\n