§ 239-E — County official map

§ 239-e. County official map. 1. Legislative intent. It is the general\nintent of this section and section two hundred nine-f of this chapter to\nenable counties to utilize certain regulatory powers which are essential\nfor providing for orderly growth and development, for affording adequate\nfacilities for the safe, convenient, and efficient means for traffic\ncirculation including the vehicular movement of goods, for protecting\nthe public against flood damage, and for providing needed space for\npublic development. Such purposes are declared to be in promotion of the\nsafety, convenience, and general welfare of the community.\n 2. Purpose. The county legislative body may adopt an official map in\norder to facilitate the planning and development of roads and drainage\nsystems and sites for public development. County official maps shall be\ndesigned to assist in the protection of rights-of-way that will be\nneeded for widened, realigned or new roads; protect drainage systems;\nand protect sites for public development. Such county official map shall\nserve as a basis for the adoption and administration of regulations for\nthe control of development along or otherwise related to roads, drainage\nchannels and sites for public development.\n 3. Content. The county official map shall show existing and proposed\nrights-of-way for drainage systems and for county roads as established\npursuant to article six of the highway law. Such map shall be consistent\nwith any county comprehensive plan adopted or amended pursuant to this\narticle. In counties where the county legislative body has adopted such\ncounty comprehensive plan, the official map may also include:\nrights-of-way required for any proposed transportation network; and\nsites for any proposed county, state or federal development facilities,\nincluding parks, drainage courses, water courses, and public buildings.\nNo state or federal development facility shall be included, changed or\ndeleted in the official map until approved by the appropriate state or\nfederal agency.\n 4. Adoption, amendment. After the conduct of a public hearing, as\nhereinafter provided, the county legislative body may adopt an official\nmap covering the entire county, or portions thereof, and amend such map\nwhenever it may deem it to be in the public interest.\n (a) Notice, hearing. A public hearing shall be held on any proposed\nadoption of, or amendment to, the official county map. Notice of such\nhearing shall be published at least ten days prior to such hearing in a\nnewspaper of general circulation in the county. Written notice shall be\ngiven to the appropriate state or federal agency for the development\nfacilities affected.\n (b) Referral to county planning board. Prior to adopting or amending a\ncounty official map, the county legislative body shall refer such\nproposed change to the county planning board, if any, and the county\nsuperintendent of highways or commissioner of public works for report\nthereon within thirty days of such reference.\n (c) Referral to municipalities. The county legislative body shall\nrefer such proposed amendment to the legislative body and planning board\nof each municipality within the county, which may report thereon to the\ncounty legislative body and to the county planning board. If the\nmunicipal legislative body disapproves by resolution such proposed\namendment, the county legislative body may not so amend the official map\nexcept by a two-thirds vote of said body. In counties where the county\nlegislative body has adopted a county comprehensive plan, the county\nlegislative body may change the official map by a majority vote\nnotwithstanding such municipal disapproval so long as the change is in\naccordance with the county comprehensive plan.\n 5. Effect. (a) The official county map shall be final and conclusive\nwith respect to the location, width and dimensions of all rights-of-way\nand sites as shown thereon. The county official map shall be deemed to\nbe in addition to, or an amendment of, the official map of any\nmunicipality. If a municipality does not have an official map, the\ncounty official map as it affects such municipality shall be considered\nto be the official map of such municipality, and all provisions of law\napplying to municipal official maps shall be applicable in the case of\ncounty official maps where they affect municipalities. The adoption of a\ncounty official map shall in no way supersede or otherwise substitute\nfor highway maps or procedures adopted pursuant to the state highway\nlaw. No permit shall be issued for any building in any right-of-way or\nsite, shown or laid out on a county official map, except in accord with\nthe appeal procedures herein.\n (b) All county land acquisitions and public improvements shall be in\naccordance with the county map and any comprehensive plan adopted or\namended pursuant to this article.\n 6. Filing. Certified copies of such county official map and all\namendments thereto shall be sent to each municipality, the secretary of\nstate, and appropriate state and federal agencies affected, within ten\ndays of the date of adoption.\n 7. Appeals. If the land within a right-of-way or site shown or laid\nout on the county official map is not yielding a fair return on its\nvalue to the owner, the owner may appeal to the zoning board of appeals,\nif any, or other board established by the municipality in which the land\nis situated to issue variances or make exceptions in zoning regulations.\n (a) Notice, hearing. Notice of a public hearing on such appeal shall\nbe published in a newspaper of general circulation in the municipality\nat least ten days prior to such hearing. Notice of such hearing shall\nalso be given at least ten days in advance by a registered letter to the\nsuperintendent of highways or commissioner of public works, to the clerk\nof the county legislative body, and to the county planning board and\nthose state and federal agencies affected.\n (b) Conditions. The zoning board of appeals or other board authorized\nby the municipal legislative body to issue building permits shall, by\nthe vote of two-thirds of its members in accordance with the provisions\nof section two hundred thirty-nine-f of this article, have the power to\ngrant a permit for a building in such right-of-way or site which will as\nlittle as practicable increase the cost of acquiring such right-of-way\nor site or tend to cause a change of the county official map. Such board\nmay impose reasonable requirements as a condition of granting such\npermit, which requirements shall inure to the benefit of the county and\nof the municipality in which such building is located.\n (c) Court review. Any person or persons, jointly or severally\naggrieved by any decision of the board of appeals or other board\nauthorized by the municipal legislative body to issue building permits\nmay apply to the supreme court for review by a proceeding under article\nseventy-eight of the civil practice law and rules. Such appeal shall be\ntaken in the same manner and pursuant to the same provisions as appeals\nfrom the decisions of such zoning board of appeals or other authorized\nboard.\n