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This entry was published on 2014-09-22
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SECTION 284
Intermunicipal cooperation in comprehensive planning and land use regulation
Town (TWN) CHAPTER 62, ARTICLE 16
§ 284. Intermunicipal cooperation in comprehensive planning and land
use regulation. 1. Legislative intent. This section is intended to
illustrate the statutory authority that any municipal corporation has
under article five-G of the general municipal law and place within land
use law express statutory authority for cities, towns and villages to
enter into agreements to undertake comprehensive planning and land use
regulation with each other or one for the other, and to provide that any
city, town or village may contract with a county to carry out all or a
portion of the ministerial functions related to the land use of such
city, town or village as may be agreed upon. By the enactment of this
section the legislature seeks to promote intergovernmental cooperation
that could result in increased coordination and effectiveness of
comprehensive planning and land use regulation, more efficient use of
infrastructure and municipal revenues, as well as the enhanced
protection of community resources, especially where such resources span
municipal boundaries.

2. Authorization and effects. (a) In addition to any other general or
special powers vested in a town to prepare a comprehensive plan and
enact and administer land use regulations, by local law or ordinance,
rule or regulation, each town is hereby authorized to enter into, amend,
cancel and terminate agreements with any other municipality or
municipalities to undertake all or a portion of such powers, functions
and duties.

(b) Any one or more municipalities located in a county which has
established a county planning board, commission or other agency,
hereinafter referred to as a county planning agency, are hereby
authorized to enter into, amend, cancel and terminate agreements with
such county in order to authorize the county planning agency to perform
and carry out certain ministerial functions on behalf of such
municipality or municipalities related to land use planning and zoning.
Such functions may include, but are not limited to, acting in an
advisory capacity, assisting in the preparation of comprehensive plans
and land use regulations to be adopted and enforced by such municipality
or municipalities and participating in the formation and functions of
individual or joint administrative boards and bodies formed by one or
more municipalities.

(c) Such agreements shall apply only to the performance or exercise of
any function or power which each of the municipal corporations has the
authority by any general or special law to prescribe, perform, or
exercise separately.

3. Definitions. As used herein:

(a) "Municipality", means a city, town or village.

(b) "Community resource", means a specific public facility,
infrastructure system, or geographic area of special economic
development, environmental, scenic, cultural, historic, recreational,
parkland, open space, natural resource, or other unique significance,
located wholly or partially within the boundaries of one or more given
municipalities.

(c) "Intermunicipal overlay district", means a special land use
district which encompasses all or a portion of one or more
municipalities for the purpose of protecting, enhancing or developing
one or more community resources as provided herein.

4. Intermunicipal agreements. In addition to any other powers granted
to municipalities to contract with each other to undertake joint,
cooperative agreements any municipality may:

(a) create a consolidated planning board which may replace individual
planning boards, if any, which consolidated planning board shall have
the powers and duties as shall be determined by such agreement;

(b) create a consolidated zoning board of appeals which may replace
individual zoning boards of appeals, if any, which consolidated zoning
board of appeals shall have the powers and duties as shall be determined
by such agreement;

(c) create a comprehensive plan and/or land use regulations which may
be adopted independently by each participating municipality;

(d) provide for a land use administration and enforcement program
which may replace individual land use administration and enforcement
programs, if any, the terms and conditions of which shall be set forth
in such agreement; and

(e) create an intermunicipal overlay district for the purpose of
protecting, enhancing or developing community resources that encompass
two or more municipalities.

5. Special considerations. (a) Making joint agreements. Any agreement
made pursuant to the provisions of this section may contain provisions
as the parties deem to be appropriate, and including provisions relative
to the items designated in paragraphs a through m inclusive as set forth
in subdivision two of section one hundred nineteen-o of the general
municipal law.

(b) Establishing the duration of agreement. Any agreement developed
pursuant to the provisions of this section may contain procedures for
periodic review of the terms and conditions, including those relating to
the duration, extension or termination of the agreement.

(c) Amending local laws or ordinances. Local laws or ordinances shall
be amended, as appropriate, to reflect the provisions contained in
intermunicipal agreements established pursuant to the provisions of this
section.

6. Appeal of action by aggrieved party or parties. Any officer,
department, board or bureau of any municipality with the approval of the
legislative body, or any person or persons jointly or severally
aggrieved by any act or decision of a planning board, zoning board of
appeals or agency created pursuant to the provisions of this section may
bring a proceeding by article seventy-eight of the civil practice law
and rules in a court of record on the ground that such decision is
illegal, in whole or in part. Such proceeding must be commenced within
thirty days after the filing of the decision in the office of the town
clerk. Commencement of the proceeding shall stay proceedings upon the
decision from which the appeal is taken. All issues in any proceeding
under this section shall have a preference over all other civil actions
and proceedings.

7. Any agreements made between two or more municipalities pursuant to
article five-G of the general municipal law or any other law which
provides for the undertaking of any land use regulation or activity on a
joint, cooperative or contract basis, if valid when so made, shall not
be invalidated by the provisions of this section.

8. The provisions of this section shall be in addition to existing
authority and shall not be deemed or construed as a limitation,
diminution or derogation of any statutory authority authorizing
municipal cooperation.