§ 119-u. Intermunicipal cooperation in comprehensive planning and land\nuse regulation.
1.Legislative intent. This section is intended to\nillustrate the statutory authority that any municipal corporation has\nunder article five-G of this chapter and place within land use law\nexpress statutory authority for cities, towns, and villages to enter\ninto agreements to undertake comprehensive planning and land use\nregulation with each other or one for the other, and to provide that any\ncity, town, or village may contract with a county to carry out all or a\nportion of the ministerial functions related to the land use of such\ncity, town or village as may be agreed upon. By the enactment of this\nsection the legislature seeks to promote intergovernmental cooperation\nthat could result in i
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§ 119-u. Intermunicipal cooperation in comprehensive planning and land\nuse regulation. 1. Legislative intent. This section is intended to\nillustrate the statutory authority that any municipal corporation has\nunder article five-G of this chapter and place within land use law\nexpress statutory authority for cities, towns, and villages to enter\ninto agreements to undertake comprehensive planning and land use\nregulation with each other or one for the other, and to provide that any\ncity, town, or village may contract with a county to carry out all or a\nportion of the ministerial functions related to the land use of such\ncity, town or village as may be agreed upon. By the enactment of this\nsection the legislature seeks to promote intergovernmental cooperation\nthat could result in increased coordination and effectiveness of\ncomprehensive planning and land use regulation, more efficient use of\ninfrastructure and municipal revenues, as well as the enhanced\nprotection of community resources, especially where such resources span\nmunicipal boundaries.\n 2. Authorization and effects. (a) In addition to any other general or\nspecial powers vested in a city, town or village to prepare a\ncomprehensive plan and enact and administer land use regulations, by\nlocal law or ordinance, rule or regulation, each city, town or village\nis hereby authorized to enter into, amend, cancel and terminate\nagreements with any other municipality or municipalities to undertake\nall or a portion of such powers, functions and duties.\n (b) Any one or more municipalities located in a county which has\nestablished a county planning board, commission or other agency,\nhereinafter referred to as a county planning agency, are hereby\nauthorized to enter into, amend, cancel and terminate agreements with\nsuch county in order to authorize the county planning agency to perform\nand carry out certain ministerial functions on behalf of such\nmunicipality or municipalities related to land use planning and zoning.\nSuch functions may include, but are not limited to, acting in an\nadvisory capacity, assisting in the preparation of comprehensive plans\nand land use regulations to be adopted and enforced by such municipality\nor municipalities and participating in the formation and functions of\nindividual or joint administrative boards and bodies formed by one or\nmore municipalities.\n (c) Such agreements shall apply only to the performance or exercise of\nany function or power which each of the municipal corporations has the\nauthority by any general or special law to prescribe, perform, or\nexercise separately.\n 3. Definitions. As used herein:\n (a) "Municipality", means a city, town or village.\n (b) "Land use regulation", means an ordinance or local law enacted by\na municipality for the regulation of any aspect of land use and\ncommunity resource protection and includes any zoning, subdivision,\nspecial use permit or site plan regulation or any other regulations\nwhich prescribe the appropriate use of property or the scale, location,\nand intensity of development.\n (c) "Community resource", means a specific public facility,\ninfrastructure system, or geographic area of special economic\ndevelopment, environmental, scenic, cultural, historic, recreational,\nparkland, open space, natural resource, or other unique significance,\nlocated wholly or partially within the boundaries of one or more given\nmunicipalities.\n (d) "Intermunicipal overlay district", means a special land use\ndistrict which encompasses all or a portion of one or more\nmunicipalities for the purpose of protecting, enhancing, or developing\none or more community resources as provided herein.\n 4. Intermunicipal agreements. In addition to any other powers granted\nto municipalities to contract with each other to undertake joint,\ncooperative agreements any municipality may:\n (a) create a consolidated planning board which may replace individual\nplanning boards, if any, which consolidated planning board shall have\nthe powers and duties as shall be determined by such agreement;\n (b) create a consolidated zoning board of appeals which may replace\nindividual zoning boards of appeals, if any, which consolidated zoning\nboard of appeals shall have the powers and duties as shall be determined\nby such agreement;\n (c) create a comprehensive plan and/or land use regulations which may\nbe adopted independently by each participating municipality;\n (d) provide for a land use administration and enforcement program\nwhich may replace individual land use administration and enforcement\nprograms, if any, the terms and conditions of which shall be set forth\nin such agreement; and\n (e) create an intermunicipal overlay district for the purpose of\nprotecting, enhancing, or developing community resources that encompass\ntwo or more municipalities.\n 5. Special considerations. (a) Making joint agreements. Any agreement\nmade pursuant to the provisions of this section may contain provisions\nas the parties deem to be appropriate, and including provisions relative\nto the items designated in paragraphs a through m inclusive as set forth\nin subdivision two of section one hundred nineteen-o of this chapter.\n (b) Establishing the duration of agreement. Any local law developed\npursuant to the provisions of this section may contain procedures for\nperiodic review of the terms and conditions, including those relating to\nthe duration, extension or termination of the agreement.\n (c) Amending local laws or ordinances. Local laws or ordinances shall\nbe amended, as appropriate, to reflect the provisions contained in\nintermunicipal agreements established pursuant to the provisions of this\nsection.\n 6. Appeal of action by aggrieved party or parties. Any officer,\ndepartment, board or bureau of any municipality with the approval of the\nlegislative body, or any person or persons jointly or severally\naggrieved by any act or decision of a planning board, zoning board of\nappeals or agency created pursuant to the provisions of this section may\nbring a proceeding by article seventy-eight of the civil practice law\nand rules in a court of record on the ground that such decision is\nillegal, in whole or in part. Such proceeding must be commenced within\nthirty days after the filing of the decision in the office of the board.\nCommencement of the proceeding shall stay proceedings upon the decision\nfrom which the appeal is taken. All issues in any proceeding under this\nsection shall have a preference over all other civil actions and\nproceedings.\n 7. Any agreements made between two or more municipalities pursuant to\narticle five-G of this chapter or other law which provides for the\nundertaking of any land use regulation or activity on a joint,\ncooperative or contract basis, if valid when so made, shall not be\ninvalidated by the provisions of this section.\n 8. The provisions of this section shall be in addition to existing\nauthority and shall not be deemed or constructed as a limitation,\ndiminution or derogation of any statutory authority authorizing\nmunicipal cooperation.\n