§ 239-C — County planning boards

§ 239-c. County planning boards. 1. Legislative findings and intent.\nThe legislature hereby finds and determines that:\n (a) significant decisions and actions affecting the immediate and\nlong-range protection, enhancement, growth and development of the state\nand its communities are made by county planning boards.\n (b) county planning boards serve as an important resource to the state\nand its localities, helping to establish productive linkages between\ncommunities as well as with state and federal agencies.\n (c) through comprehensive planning and special studies, county\nplanning boards focus on opportunities and issues best handled at a\ncounty-wide scale.\n (d) the development of a county comprehensive plan can foster\ncooperation among governmental agencies in the planning and\nimplementation of capital projects. Similarly, county comprehensive\nplans can promote intermunicipal cooperation in the provision of public\nservices.\n (e) citizen participation is essential to the design and\nimplementation of a county comprehensive plan.\n (f) the great diversity of resources and conditions that exist within\nand among counties requires consideration of such factors by county\nplanning boards.\n (g) it is the intent of the legislature therefore, to provide a\npermissive and flexible framework within which county planning boards\ncan perform their power and duties.\n 1-a. Alternate members of county planning boards. (a) A county\nlegislative body may, by local law or as a part of the local law\ncreating the county planning board, establish alternate planning board\nmember positions for purposes of substituting for a member in the event\nsuch member is unable to participate because of a conflict of interest.\nAlternate members of the county planning board shall be appointed by\nresolution of the county legislative body, for terms established by such\nlegislative body.\n (b) The chairperson of the planning board may designate an alternate\nmember to substitute for a member when such member is unable to\nparticipate because of a conflict of interest on an application or\nmatter before the board. When so designated, the alternate member shall\npossess all the powers and responsibilities of such member of the board.\nSuch designation shall be entered into the minutes of the initial\nplanning board meeting at which the substitution is made.\n (c) All provisions of this section relating to county planning board\nmember training and continuing education, attendance, conflict of\ninterest, compensation, eligibility, vacancy in office, removal, and\nservice on other boards, shall also apply to alternate members.\n 2. Establishment of county planning board. (a) Creation. In the\nabsence of a county administrative code or county charter which may\notherwise provide for the creation of a county planning board, the\ncounty legislative body alone, or in collaboration with the legislative\nbodies of the municipalities in such county may establish a county\nplanning board.\n (b) Membership. Members and officers of such board shall be selected\nin a number and manner determined by the county legislative body. In\nmaking such appointments, the county legislative body shall include\nmembers from a broad cross section of interests within the county.\nConsideration should also be given to securing representation by\npopulation size, geographic location and type of municipality. The terms\nof membership as well as the filling of vacancies on such board shall be\ndetermined by the county legislative body. The county legislative body\nmay provide for the appointment of individuals to serve as ex-officio\nmembers of the county planning board. Said ex-officio members or their\ndesignees may participate in the deliberations of the county planning\nboard, but shall not have voting privileges.\n (c) Membership of elected or appointed officials. No person shall be\nprecluded from serving as a member of a county planning board, as\nappointed by the county legislative body pursuant to this section,\nbecause such member is an elected or appointed official of the county or\na municipality. A member of a county planning board shall excuse himself\nor herself from any deliberation or vote relating to a matter or\nproposal before such county planning board which is or has been the\nsubject of a proposal, application or vote before the municipal board of\nwhich he or she is a member.\n (d) Training and attendance requirements. (i) Each member of a county\nplanning board shall complete, at a minimum, four hours of training each\nyear designed to enable such members to more effectively carry out their\nduties. Training received by a member in excess of four hours in any one\nyear may be carried over by the member into succeeding years in order to\nmeet the requirements of this paragraph. Such training shall be approved\nby the county and may include, but not be limited to, training provided\nby a regional or county planning office or commission, county planning\nfederation, state agency, statewide municipal association, college or\nother similar entity. Training may be provided in a variety of formats,\nincluding but not limited to, electronic media, video, distance learning\nand traditional classroom training.\n (ii) To be eligible for reappointment to such board, such member shall\nhave completed the training promoted by the county pursuant to this\nparagraph.\n (iii) The training required by this paragraph may be waived or\nmodified by the county when, in the judgment of the governing board, it\nis in the best interest of the county to do so.\n (iv) No decision of a county planning board shall be voided or\ndeclared invalid because of a failure to comply with this paragraph.\n (e) Member reimbursement. The members of such county planning board\nshall receive no salary or compensation for their services as members of\nsuch board but may be reimbursed for authorized, actual and necessary\ntravel and expenditures.\n (f) Removal of members. The county legislative body may remove any\nmember of such planning board for cause, and may provide by resolution\nfor removal of any planning board member for non-compliance with minimum\nrequirements relating to meeting attendance and training as established\nby the county legislative body by resolution.\n (g) By-laws. The county planning board shall adopt by-laws governing\nits operation, which shall be approved by the county legislative body\nand shall keep a record of its resolutions, transactions, findings and\ndeterminations, which record shall be a public record.\n (h) Appropriation; expenses. The county legislative body and municipal\nlegislative bodies may, in their discretion, appropriate and raise by\ntaxation, money for the expenses of such county planning board. Such\nbodies shall not be charged for any expense incurred by such board\nexcept pursuant to such appropriation. The county planning board shall\nhave the power and authority to employ staff, consultants and other\nexperts and to pay for their services, and to provide for such other\nexpenses as may be necessary and proper, not to exceed the appropriation\nthat may be made therefor by the county legislative body for such county\nplanning board.\n (i) Authority to receive and expend funds. In furtherance of the\npurposes of this article, the county planning board may receive and\nexpend public funds and grants from private foundations or agencies and\nmay apply for and accept grants from the federal government or the state\ngovernment and enter into contracts for and agree to accept such grants,\ndonations or subsidies in accordance with such reasonable conditions and\nrequirements as may be imposed thereon.\n 3. County planning board powers and duties. (a) Review of certain\nmunicipal planning and zoning actions. The county legislative body may,\nby resolution, authorize the county planning board to conduct reviews of\ncertain classes of planning and zoning actions by a city, town or\nvillage within such county pursuant to sections two hundred\nthirty-nine-l and two hundred thirty-nine-m of this article, and to\nreview certain subdivision plats pursuant to section two hundred\nthirty-nine-n of this article.\n (b) County comprehensive plan. The county legislative body may request\nthe county planning board to assist in the preparation of a county\ncomprehensive plan and amendments thereto pursuant to section two\nhundred thirty-nine-d of this article.\n (c) County official map. The county legislative body may request the\ncounty planning board to prepare a county official map and amendments\nthereto pursuant to section two hundred thirty-nine-e of this article.\n (d) County studies. The county planning board may undertake studies\nrelevant to the future growth, development, and protection of the county\nand municipalities therein, including studies in support of a county\ncomprehensive plan.\n (e) Local studies. The county planning board may assist a city, town,\nor village in the study of ways to obtain economy, efficiency and\nquality in the planning and provision of municipal services.\n (f) Collection and distribution of information. The county planning\nboard may collect and distribute information relative to county or\nmunicipal planning and zoning in such county. Upon request from the\ncounty or a municipality the planning board may recommend to the\nlegislative body of the county or such municipalities whose\njurisdictions are served by the county planning board a comprehensive\nplan which shall designate suitable areas to be zoned for land uses,\ntaking into consideration, but not limited to, such factors as existing\nand projected highways, parks, open spaces, parkways, public works,\npublic utilities, public transportation terminals and facilities,\npopulation trends, topography and geologic structure.\n (g) Local technical assistance. The county planning board may furnish\nsuch technical services as a municipality within the county may request.\nSuch services may include, but not be limited to assistance with\nplanning and land use functions, use of geographic information systems,\ninfrastructure development, as well as inter-municipal services\ndelivery, and may be provided directly by the county planning board or\nin coordination with other county departments or agencies. The charges,\nif any, to be made for such services shall be established by the county\nlegislative body.\n (h) Highway construction. Before the final approval of any plan\ninvolving the construction or reconstruction of any state or county\nhighway, with or without federal aid, the county planning board shall be\ngiven an opportunity to examine such plans and offer suggestions with\nrespect thereto. This paragraph shall in no manner be construed as\nnullifying or contravening the final approval of the commissioner of\ntransportation.\n 4. Annual report. The county planning board shall submit an annual\nreport to the county legislative body and include in such report topics\nthat are required in the by-laws of the county planning board.\n 5. Voting requirements. Every motion or resolution of a county\nplanning board shall require for its adoption the affirmative vote of a\nmajority of all the members of the county planning board.\n