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This entry was published on 2014-09-22
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SECTION 239-N
Referral of certain proposed subdivision plats to the county planning agency or regional planning council; report thereon; final action
General Municipal (GMU) CHAPTER 24, ARTICLE 12-B
* § 239-n. Referral of certain proposed subdivision plats to the
county planning agency or regional planning council; report thereon;
final action. 1. Definitions. As used herein:

(a) The term "proposed" as used in subparagraphs (ii) and (iii) of
paragraph (a) of subdivision three of this section shall be deemed to
include only those recreation areas, parkways, thruways, expressways,
roads or highways which are shown on a county comprehensive plan,
adopted pursuant to subdivision seven of section two hundred
thirty-nine-d of this article, or shown on an official map adopted
pursuant to section two hundred thirty-nine-e of this article.

(b) The term "undeveloped plat" shall mean those plats already filed
in the office of the clerk of the county in which such plat is located
where twenty percent or more of the lots within the plat are unimproved
unless existing conditions, such as poor drainage, have prevented their
development.

(c) The term "referring body" shall mean the city, town or village
body authorized by a municipal legislative body to approve preliminary
or final plats or to approve the development of undeveloped plats and/or
plats already filed in the office of the county clerk.

2. Referral of proposed plats. In any city, town or village which is
located in a county which has a county planning agency authorized by the
county legislative body to review preliminary or final plats or to
approve the development of undeveloped plats, the clerk of the municipal
planning agency, upon receipt of application for preliminary and/or
final approval of a subdivision plat or proposal to develop an
undeveloped plat and/or plats already filed in the office of the county
clerk, shall refer certain of such plats to the county planning agency.
In the absence of a county planning agency, the county legislative body
may authorize a regional planning council whose geographic area includes
the county, to perform the review functions prescribed herein.

3. Plats subject to referral. (a) The following applications for
approval of preliminary or final plats and undeveloped plats shall be
subject to the referral requirements of this section, if the application
applies to real property within five hundred feet of the following:

(i) the boundary of any city, village, or town; or

(ii) the boundary of any existing or proposed county or state park or
other recreation area; or

(iii) the right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway; or

(iv) the existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines; or

(v) the existing or proposed boundary of any county or state owned
land on which a public building or institution is situated; or

(vi) the boundary of a farm operation located in an agricultural
district, as defined by article twenty-five-AA of the agriculture and
markets law.

(b) The county planning agency or regional planning council may enter
into an agreement with the referring body or other duly authorized body
of a city, town or village to provide that certain proposed plats are of
local, rather than inter-community or county-wide concern, and are not
subject to referral under this section.

4. County planning agency or regional planning council review of
proposed plats; recommendation, report. (a) The county planning agency
or regional planning council, when authorized by the county legislative
body, shall review any referred plat for inter-community or county-wide
considerations, including but not limited to those considerations
identified in section two hundred thirty-nine-l of this article. The
county planning agency or regional planning council may adopt such rules
and regulations as are necessary to perform such function. Such county
planning agency or regional planning council shall recommend approval,
modification, or disapproval, of such plat, or report that such plat has
no significant county-wide or inter-community impact.

(b) Such county planning agency or regional planning council, or an
authorized agent of said agency or council, shall have thirty days after
receipt of a preliminary or final plat or proposal to develop an
undeveloped plat, or such longer period as may have been agreed upon by
the county planning agency or regional planning council and the
referring body, to report its recommendations to the referring body,
accompanied by a statement of the reasons for such recommendations. If
such county planning agency or regional planning council fails to report
within such period, the referring body may take final action on the
referred plat without such report. However, any county planning agency
or regional planning council report received after thirty days or such
longer period as may have been agreed upon, but two or more days prior
to final action by the referring body, shall be subject to the
provisions of subdivision five of this section.

5. Extraordinary vote upon recommendation of modification or
disapproval. If such county planning agency or regional planning council
recommends modification or disapproval of a referred plat, the referring
body shall not act contrary to such recommendation except by a vote of a
majority plus one of all the members thereof.

6. Report of final action. Within thirty days after final action, the
referring body shall file a report of the final action it has taken with
the county planning agency or regional planning council. A referring
body which acts contrary to a recommendation of modification or
disapproval of a proposed action shall set forth the reasons for the
contrary action in such report.

* NB There are 2 § 239-n's