Legislation

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This entry was published on 2014-09-22
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SECTION 239-E
County official map
General Municipal (GMU) CHAPTER 24, ARTICLE 12-B
§ 239-e. County official map. 1. Legislative intent. It is the general
intent of this section and section two hundred nine-f of this chapter to
enable counties to utilize certain regulatory powers which are essential
for providing for orderly growth and development, for affording adequate
facilities for the safe, convenient, and efficient means for traffic
circulation including the vehicular movement of goods, for protecting
the public against flood damage, and for providing needed space for
public development. Such purposes are declared to be in promotion of the
safety, convenience, and general welfare of the community.

2. Purpose. The county legislative body may adopt an official map in
order to facilitate the planning and development of roads and drainage
systems and sites for public development. County official maps shall be
designed to assist in the protection of rights-of-way that will be
needed for widened, realigned or new roads; protect drainage systems;
and protect sites for public development. Such county official map shall
serve as a basis for the adoption and administration of regulations for
the control of development along or otherwise related to roads, drainage
channels and sites for public development.

3. Content. The county official map shall show existing and proposed
rights-of-way for drainage systems and for county roads as established
pursuant to article six of the highway law. Such map shall be consistent
with any county comprehensive plan adopted or amended pursuant to this
article. In counties where the county legislative body has adopted such
county comprehensive plan, the official map may also include:
rights-of-way required for any proposed transportation network; and
sites for any proposed county, state or federal development facilities,
including parks, drainage courses, water courses, and public buildings.
No state or federal development facility shall be included, changed or
deleted in the official map until approved by the appropriate state or
federal agency.

4. Adoption, amendment. After the conduct of a public hearing, as
hereinafter provided, the county legislative body may adopt an official
map covering the entire county, or portions thereof, and amend such map
whenever it may deem it to be in the public interest.

(a) Notice, hearing. A public hearing shall be held on any proposed
adoption of, or amendment to, the official county map. Notice of such
hearing shall be published at least ten days prior to such hearing in a
newspaper of general circulation in the county. Written notice shall be
given to the appropriate state or federal agency for the development
facilities affected.

(b) Referral to county planning board. Prior to adopting or amending a
county official map, the county legislative body shall refer such
proposed change to the county planning board, if any, and the county
superintendent of highways or commissioner of public works for report
thereon within thirty days of such reference.

(c) Referral to municipalities. The county legislative body shall
refer such proposed amendment to the legislative body and planning board
of each municipality within the county, which may report thereon to the
county legislative body and to the county planning board. If the
municipal legislative body disapproves by resolution such proposed
amendment, the county legislative body may not so amend the official map
except by a two-thirds vote of said body. In counties where the county
legislative body has adopted a county comprehensive plan, the county
legislative body may change the official map by a majority vote
notwithstanding such municipal disapproval so long as the change is in
accordance with the county comprehensive plan.

5. Effect. (a) The official county map shall be final and conclusive
with respect to the location, width and dimensions of all rights-of-way
and sites as shown thereon. The county official map shall be deemed to
be in addition to, or an amendment of, the official map of any
municipality. If a municipality does not have an official map, the
county official map as it affects such municipality shall be considered
to be the official map of such municipality, and all provisions of law
applying to municipal official maps shall be applicable in the case of
county official maps where they affect municipalities. The adoption of a
county official map shall in no way supersede or otherwise substitute
for highway maps or procedures adopted pursuant to the state highway
law. No permit shall be issued for any building in any right-of-way or
site, shown or laid out on a county official map, except in accord with
the appeal procedures herein.

(b) All county land acquisitions and public improvements shall be in
accordance with the county map and any comprehensive plan adopted or
amended pursuant to this article.

6. Filing. Certified copies of such county official map and all
amendments thereto shall be sent to each municipality, the secretary of
state, and appropriate state and federal agencies affected, within ten
days of the date of adoption.

7. Appeals. If the land within a right-of-way or site shown or laid
out on the county official map is not yielding a fair return on its
value to the owner, the owner may appeal to the zoning board of appeals,
if any, or other board established by the municipality in which the land
is situated to issue variances or make exceptions in zoning regulations.

(a) Notice, hearing. Notice of a public hearing on such appeal shall
be published in a newspaper of general circulation in the municipality
at least ten days prior to such hearing. Notice of such hearing shall
also be given at least ten days in advance by a registered letter to the
superintendent of highways or commissioner of public works, to the clerk
of the county legislative body, and to the county planning board and
those state and federal agencies affected.

(b) Conditions. The zoning board of appeals or other board authorized
by the municipal legislative body to issue building permits shall, by
the vote of two-thirds of its members in accordance with the provisions
of section two hundred thirty-nine-f of this article, have the power to
grant a permit for a building in such right-of-way or site which will as
little as practicable increase the cost of acquiring such right-of-way
or site or tend to cause a change of the county official map. Such board
may impose reasonable requirements as a condition of granting such
permit, which requirements shall inure to the benefit of the county and
of the municipality in which such building is located.

(c) Court review. Any person or persons, jointly or severally
aggrieved by any decision of the board of appeals or other board
authorized by the municipal legislative body to issue building permits
may apply to the supreme court for review by a proceeding under article
seventy-eight of the civil practice law and rules. Such appeal shall be
taken in the same manner and pursuant to the same provisions as appeals
from the decisions of such zoning board of appeals or other authorized
board.