Most actions taken by a referring body are subject to the County Charter and General Municipal Law and will therefore require referral, provided that the referring body has not entered into an exception agreement with the County. The following actions are subject to referral:
- Municipal Comprehensive Plans
- Zoning Code or Map Enactment or Amendments
- Site Plan Review
- Subdivisions
- Special Permits
- Area Variances
- Use Variances
- Other Special Authorizations*
*Other special authorizations refer to land use-related local laws that do not amend the zoning statute or map itself.
1A Gateway Meeting (Optional)
Gateway meetings bring all the key players to the table together as early in the review stages as possible.
At the meeting, the applicant explains their project to County planning staff and other involved or interested agency officials. Planning staff explain the responsibilities and policies of the reviewing agencies. Stakeholders have an opportunity to discuss and try to solve any issues associated with the project or plan.
A pre-referral gateway meeting is not a required step in the land use referral process. The Ulster County Planning Board encourages communities to direct applicants who would benefit from early input to contact our staff to arrange a gateway meeting.
Applicants interested in a gateway meeting are encouraged to contact the department at (845) 340-3340 as early in the planning process as possible.
General Municipal Law Article 12-B also allows the County Planning Board to enter into agreements with municipalities to exempt certain actions from the referral process. The Board has determined that certain local actions are not likely to have a county-wide impact and should be exempt from review.
If your local board has entered into an exception agreement with the County, please review the Referral Submittal Reference Matrix for actions that are not required to be referred if an agreement has been signed with the UCPB. If the action is listed in the matrix, you need not proceed any further with the Land Use Referral process.
If your local board has not entered into an exception agreement, or if your use is not found in the matrix, a referral of the proposed action to the UCPB will be necessary. A full statement (step 3) must be developed.
General Municipal Law requires that the UCPB receive a “full statement” of the action being referred. That means all materials requested, used, or developed by the referring body to make its determination under SEQRA are required to be submitted, and an environmental assessment form (EAF) must be submitted.
Where a DEIS is required, referrals should include it. Full statements, by their nature, require deliberation and a decision on completeness by the referring body before referral. The referring body should, by formal action, determine the completeness of an application. A signature by the Chairperson of the referring body certifies that the referring body has determined the application to be complete.
The UCPB cautions against a policy of having the referring board’s secretary, zoning enforcement officer, or attorney submit applications without prior local board review.
A "Major Referral" for this guide includes the following actions and referral types:
- Type I Actions
- Comprehensive Plans
- Zoning Statute or Map amendments
- Other special Authorizations
If you answered “yes” to the exemption agreement and if this is a Type 1 action, then it must be referred to the UCPB within 30 calendar days.
Site plans, special permits, area variances, and use variances that are not Type 1 actions are subject to the normal 12 calendar day requirements.
View referral deadline table
Once certified as complete, reviewed, and signed by the chairperson of the referring body, the action may be referred to the County Planning Board.
- Applicants are not permitted to make direct referrals to the Board; they must come from the referring body.
- Supplemental material may be submitted to the UCPB provided the same material will or has been submitted to the referring body, and it has been informed that the UCPB has been sent materials.
- Submittals must be accompanied by the proper UCPB Form. Digital is the preferred means by which referrals are submitted using the Planning Department’s referral submittal system. Paper copies, while accepted, are discouraged. For access to the referral submittal system, call the department at (845) 340-3340.
The day of receipt triggers the 30-day review process. The referral officer, a member of the County Planning Department’s staff, will review the action to determine whether it is referrable and whether a complete statement has been submitted.
The Ulster County Planning Board meets on the first Wednesday of every month unless otherwise noted. The UCPB reviews each referral and issues a recommendation. General Municipal Law 239-l “…authorizes the County Planning Board to review proposed actions for intercommunity or county-wide considerations,” including:
- 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 with regard to predominant land uses, population density, and relation between residential and non-residential areas
- Community Appearance
- Drainage
- Community Facilities
- Official development policies, municipal and county, as may be expressed through their comprehensive plans, capital programs, or regulatory measures.
Per GML, the UCPB is allowed a minimum of thirty (30) days to review and reply after receipt of the full statement. The UCPB also has a maximum time frame for submitting its response of up to two (2) days before a regularly scheduled meeting of the referring body when it intends to take a final action.
7A Received
Should the response be returned within the appropriate time frames, then the UCPB's decision applies.
7B Not Received
Should the UCPB exceed the 30-day time frame and fail to submit its response two days before the taking of a final action by the referring body, the referring body may take its final action without the response
The referring body is required to send the UCPB a record of its decision within thirty (30) days of taking final action.
In addition to returning the Report of Final Local Action form, which is included with our formal response, the local board must provide reasons for any contrary decision.
Failure to submit a Final Action Report may place the local board and the project in legal jeopardy.