Policies and Recommendations of the Planning Board

COORDINATION OF MUNICIPAL ZONING ACTIONS

General Municipal Law – Article 12B

Article 12B of the General Municipal Law (GML) Sections 239-b through n focus on the establishment of a county planning board, its membership, powers and responsibilities. Once established, a county planning board is vested with the power to review certain classes of zoning actions. GML Section 239-l provides the authority for such a review and elegantly summarizes the considerations that may be included as part of is. These are:

• Compatibility of various land uses with one another
• Traffic generating characteristics of various land uses in relation to the effect of such traffic on other land uses and to the adequacy of existing and proposed thoroughfare facilities
• Impact of proposed land uses on existing and proposed county or state institutional or other uses
• Protection of community character as regards predominant land uses, population density, and the relation between residential and nonresidential areas
• Drainage
• Community facilities
• Official municipal and county development policies, as may be expressed through comprehensive plans, capital programs or regulatory measures
• Such other matters as may relate to the public convenience, to governmental efficiency, and to the achieving and maintaining of a satisfactory community environment

Section 239-m of the GML governs the referral process. This section enumerates the boards responsible for submitting referrals, actions requiring submittal, materials to be submitted, timeframes, required reports, and the effect of a county planning board’s recommendations on the local approval process.  

Referring Body

The local board responsible for the final action on the proposed action is the body that refers matters to the county planning board, and consistent with local statutes determines them complete.

Actions Requiring Referral

In essence, any discretionary zoning decision by a local board within 500 feet of the following requires referral:

• The boundary of any city, village or town
• The boundary of any existing or proposed county or state park or any other recreation area
• The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway
• 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
• The existing or proposed boundary of any county or state owned land on which a public building or institution is situated
• The boundary of a farm operation located in an agricultural district, as defined by article twenty-five-AA of the agriculture and markets law, except this subparagraph shall not apply to the granting of area variances

The actual classes of actions required to be referred are:

• Adoption or amendment of a comprehensive plan pursuant to Section 272-a of Town Law, Section 7-722 of Village Law or Section 28-a of General City Law
• Adoption or amendment of a zoning ordinance or local law
• Issuance of special use permits
• Approval of site plans
• Granting of use or area variances
• Other authorizations which a referring body may issue under the provisions of any zoning ordinance or local law

Agreements – Actions not Subject to Referral

A county planning board may enter into agreements with local referring bodies to provide that certain actions are of local rather than county-wide concern and not subject to referral under this section.

Materials To Be Submitted – "Full Statement"

A "full statement" as defined by Statute is required with each referral. The Statute requires that a "full statement" include:

• All materials required by the referring body as a application
• All materials required by the referring body to make its determination of significance under SEQR
• A completed environmental assessment form
• Any materials that may be agreed upon by the referring body and the county planning board
• For zoning amendments, a complete text of the proposed revisions and copies of sections of the existing statute to be effected (if not in possession of the board)

Time Frames

Section 239-m contains several controlling time frames. Other time frames are found in the state enabling statutes for site plans, special permits and variances.

Hearings

• 10 days or more before a public hearing on a site plan or special permit – notice of hearing and "full statement" materials are required to be submitted to a county planning board

• 5 days or more before a public hearing on a variance – notice of hearing and "full statement" materials are required to be submitted to a county planning board.

• 30 days from receipt of "full statement" a county planning board must issue its recommendation to the referring body or such body may take final action. 

Exception: Such recommendation shall be in effect if received two or more days prior to the local board’s final action. Note: Extensions of the 30-day limit may be agreed upon between the county planning board and referring body.

• 30 days from the local board’s final action a report of that action shall be filed with the county planning board

Required Reports – Format/Effect

County Planning Board

The county planning board in issuing its recommendation may recommend approval, modification, disapproval, or conclude that the action has no significant countywide or inter-community impact. A county planning board may also issue informal comments or supply such technical assistance as requested by the municipality on actions before it.

Local Final Action Report

Final action reports shall indicate the action taken. Actions contrary to a county planning board’s recommendation for modification or disapproval shall state the reasons for such contrary action. Such contrary final actions require a majority plus one vote of all members of a local board.

Ulster County Home Page

© 1998 Ulster County Information Services 
Implemented by UCIS