§ 239-H — Regional planning councils

§ 239-h. Regional planning councils. 1. Legislative findings and\nintent. The 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 regional planning councils.\n (b) Regional planning councils serve as an increasingly important\nresource to the state and its localities, helping to establish\nproductive linkages between communities as well as with state and\nfederal agencies.\n (c) Through comprehensive planning and special studies, regional\nplanning councils provide focus on opportunities and issues best handled\non a broad geographic scale.\n (d) The development of a regional comprehensive plan can foster\ncooperation among governmental agencies in the planning and\nimplementation of capital projects. Similarly, regional 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 regional comprehensive plan.\n (f) The great diversity of resources and conditions that exist within\nand among regions requires consideration of such factors by regional\nplanning councils.\n (g) It is the intent of the legislature therefore, to provide a\npermissive and flexible framework within which regional planning\ncouncils can perform their powers and duties.\n 2. Definitions. For the purposes of this section and section two\nhundred thirty-nine-i of this article the term "municipality" shall mean\nany city, town, village or county.\n 3. Establishment of regional planning council. (a) Creation. Any\nmunicipal legislative body may collaborate with the legislative body of\na contiguous municipal legislative body to create a regional planning\ncouncil under this article. The legislative bodies of the municipalities\nparticipating in the regional planning council shall adopt by resolution\nan agreement setting forth the terms and conditions of such\ncollaboration. The regional planning council shall be considered an\nagency of a political subdivision or municipality for purposes of\nsections one hundred three, one hundred four and article eighteen of\nthis chapter, articles six and seven of the public officers law, and for\nthe purposes of eligibility for federal and/or state grants.\n (b) Membership. Membership and officers on such council shall be\nselected in a manner to be determined by the collaborating legislative\nbodies. In making such appointments, the collaborating legislative\nbodies shall include members from a broad cross section of interests\nwithin the region. Consideration should also be given to securing\nrepresentation by population size, geographic location and type of\nmunicipality. The terms of membership as well as the filling of\nvacancies on such council shall be determined by the collaborating\nlegislative bodies. The collaborating legislative bodies may also\njointly provide for the appointment of individuals to serve as\nex-officio members of the regional planning council. Said ex-officio\nmembers or their designees may participate in the deliberations of the\ncouncil, 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 regional planning council as\nappointed by a collaborating municipal legislative body pursuant to this\nsection, because such member is an elected or appointed official of such\nmunicipality. A member of a regional planning council shall excuse\nhimself or herself from any deliberation or vote relating to a matter or\nproposal before such regional planning council 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. As a condition of\nappointment to the regional planning council, the collaborating\nlegislative bodies may establish training, continuing education and\nmeeting attendance requirements for such members.\n (e) Member reimbursement. The members of such regional planning\ncouncil shall receive no salary or compensation for their services as\nmembers of such council, but may be reimbursed for authorized, actual\nand necessary travel and expenditures.\n (f) Removal of members. The legislative body of each collaborating\nmunicipality may remove any regional planning council member which said\nmunicipal legislative body has appointed for cause and may provide by\nresolution for removal of any such regional planning council member for\nnon-compliance with minimum requirements relating to meeting attendance\nand training as established by the collaborating legislative bodies by\nresolution.\n (g) By-laws. The regional planning council shall adopt by-laws\ngoverning its operation which shall be approved by the collaborating\nlegislative bodies and shall keep a record of its resolutions,\ntransactions, findings and determinations, which record shall be a\npublic record.\n (h) Appropriation; expenses. Collaborating legislative bodies may, in\ntheir discretion, appropriate and raise by taxation, money for the\nexpenses of the regional planning council; such bodies shall not be\ncharged with any expense incurred by the regional planning council\nexcept pursuant to such appropriation. The legislative body of each\ncollaborating municipality is authorized to provide for the payment of\nthe moneys so appropriated for the expenses of such council to an\nofficer of the council designated in the council by-laws to receive such\nmoneys, provided that before any such money shall be paid to such\nofficer, such officer shall have executed an official undertaking\nconditioned for the faithful performance of duties in the manner\nprovided in section four hundred three of the county law and provided\nthat such undertaking shall have been approved by the legislative body\nof each municipality. The regional planning council shall have the power\nand authority to employ staff, consultants and other experts and to pay\nfor their services, and to provide for such other expenses as may be\nnecessary and proper.\n (i) Authority to receive and expend funds. In furtherance of the\npurposes of this section, the regional planning council may receive and\nexpend public and private funds and grants from non-public foundations,\nagencies, corporations, and private entities and may apply for and\naccept grants from the federal government or the state government and\nenter into contracts for and agree to accept such grants, donations or\nsubsidies in accordance with such reasonable conditions and requirements\nas may be imposed thereon.\n 4. Regional planning council powers and duties. (a) The regional\nplanning council shall have such of the following powers as shall be\nprovided in the agreement among the collaborating municipalites:\n (i) conduct surveys, studies and research programs which address\nregional needs and improve community services;\n (ii) distribute information resulting from such surveys, studies and\nprograms;\n (iii) prepare a regional comprehensive plan and any amendments thereto\npursuant to section two hundred thirty-nine-i of this article;\n (iv) consult and cooperate with appropriate state, municipal and\npublic or private agencies in matters affecting the region, including,\nbut not limited to the general protection, enhancement, quality of life,\ngrowth and development of the region;\n (v) assist with transportation planning in areas of the region not\nserved by metropolitan planning organizations created pursuant to\nsection fifteen-a of the transportation law; and\n (vi) conduct reviews of certain classes of planning and zoning actions\nby a city, town or village pursuant to sections two hundred\nthirty-nine-l and two hundred thirty-nine-m of this article, and review\ncertain subdivision plats pursuant to section two hundred thirty-nine-n\nof this article.\n (b) A regional planning council shall not undertake any capital\nconstruction project, including but not limited to the design,\nacquisition, construction, improvement, reconstruction or rehabilitation\nof any capital asset, whether in the nature of real or personal\nproperty.\n 5. Annual report and audit. Every regional planning council shall\nsubmit an annual report to the collaborating legislative bodies and to\nthe department of audit and control which report shall include a summary\nof council activities, including planning and technical services and\ngrant and loan programs, a summary of the financial status of the\ncouncil, including the annual budget as well as any federal, state and\nlocal funding and private sector financial assistance, and a summary of\nplanned future activities as well as topics that are required in the\nby-laws of the regional planning council. Every regional planning\ncouncil shall engage a certified public accountant to complete an annual\nfinancial audit and audit of the internal control structure of the\nregional planning council, a copy of which shall be included in the\nannual report.\n 6. Voting requirements. Every motion or resolution of a regional\nplanning council shall require for its adoption the affirmative vote of\na majority of all the members of the regional planning council.\n