§ 239-N — Referral of certain proposed subdivision plats to the county planning agency or regional planning council; report thereon; final action

* § 239-n. Referral of certain proposed subdivision plats to the\ncounty planning agency or regional planning council; report thereon;\nfinal action. 1. Definitions. As used herein:\n (a) The term "proposed" as used in subparagraphs (ii) and (iii) of\nparagraph (a) of subdivision three of this section shall be deemed to\ninclude only those recreation areas, parkways, thruways, expressways,\nroads or highways which are shown on a county comprehensive plan,\nadopted pursuant to subdivision seven of section two hundred\nthirty-nine-d of this article, or shown on an official map adopted\npursuant to section two hundred thirty-nine-e of this article.\n (b) The term "undeveloped plat" shall mean those plats already filed\nin the office of the clerk of the county in which such plat is located\nwhere twenty percent or more of the lots within the plat are unimproved\nunless existing conditions, such as poor drainage, have prevented their\ndevelopment.\n (c) The term "referring body" shall mean the city, town or village\nbody authorized by a municipal legislative body to approve preliminary\nor final plats or to approve the development of undeveloped plats and/or\nplats already filed in the office of the county clerk.\n 2. Referral of proposed plats. In any city, town or village which is\nlocated in a county which has a county planning agency authorized by the\ncounty legislative body to review preliminary or final plats or to\napprove the development of undeveloped plats, the clerk of the municipal\nplanning agency, upon receipt of application for preliminary and/or\nfinal approval of a subdivision plat or proposal to develop an\nundeveloped plat and/or plats already filed in the office of the county\nclerk, shall refer certain of such plats to the county planning agency.\nIn the absence of a county planning agency, the county legislative body\nmay authorize a regional planning council whose geographic area includes\nthe county, to perform the review functions prescribed herein.\n 3. Plats subject to referral. (a) The following applications for\napproval of preliminary or final plats and undeveloped plats shall be\nsubject to the referral requirements of this section, if the application\napplies to real property within five hundred feet of the following:\n (i) the boundary of any city, village, or town; or\n (ii) the boundary of any existing or proposed county or state park or\nother recreation area; or\n (iii) the right-of-way of any existing or proposed county or state\nparkway, thruway, expressway, road or highway; or\n (iv) the existing or proposed right-of-way of any stream or drainage\nchannel owned by the county or for which the county has established\nchannel lines; or\n (v) the existing or proposed boundary of any county or state owned\nland on which a public building or institution is situated; or\n (vi) the boundary of a farm operation located in an agricultural\ndistrict, as defined by article twenty-five-AA of the agriculture and\nmarkets law.\n (b) The county planning agency or regional planning council may enter\ninto an agreement with the referring body or other duly authorized body\nof a city, town or village to provide that certain proposed plats are of\nlocal, rather than inter-community or county-wide concern, and are not\nsubject to referral under this section.\n 4. County planning agency or regional planning council review of\nproposed plats; recommendation, report. (a) The county planning agency\nor regional planning council, when authorized by the county legislative\nbody, shall review any referred plat for inter-community or county-wide\nconsiderations, including but not limited to those considerations\nidentified in section two hundred thirty-nine-l of this article. The\ncounty planning agency or regional planning council may adopt such rules\nand regulations as are necessary to perform such function. Such county\nplanning agency or regional planning council shall recommend approval,\nmodification, or disapproval, of such plat, or report that such plat has\nno significant county-wide or inter-community impact.\n (b) Such county planning agency or regional planning council, or an\nauthorized agent of said agency or council, shall have thirty days after\nreceipt of a preliminary or final plat or proposal to develop an\nundeveloped plat, or such longer period as may have been agreed upon by\nthe county planning agency or regional planning council and the\nreferring body, to report its recommendations to the referring body,\naccompanied by a statement of the reasons for such recommendations. If\nsuch county planning agency or regional planning council fails to report\nwithin such period, the referring body may take final action on the\nreferred plat without such report. However, any county planning agency\nor regional planning council report received after thirty days or such\nlonger period as may have been agreed upon, but two or more days prior\nto final action by the referring body, shall be subject to the\nprovisions of subdivision five of this section.\n 5. Extraordinary vote upon recommendation of modification or\ndisapproval. If such county planning agency or regional planning council\nrecommends modification or disapproval of a referred plat, the referring\nbody shall not act contrary to such recommendation except by a vote of a\nmajority plus one of all the members thereof.\n 6. Report of final action. Within thirty days after final action, the\nreferring body shall file a report of the final action it has taken with\nthe county planning agency or regional planning council. A referring\nbody which acts contrary to a recommendation of modification or\ndisapproval of a proposed action shall set forth the reasons for the\ncontrary action in such report.\n * NB There are 2 § 239-n's\n