N.Y. Alternative County Government Law § 552: County planning commission

§ 552. County planning commission. 1. If the alternative form of

county government, or the modification or change of any such form, shall

so provide, there shall be a county planning commission in such county.

Such commission shall consist of seven members who shall be appointed by

the board of supervisors and either one or two ex-officio members as

hereinafter provided. Of the appointive members of the commission,

three shall be appointed for terms of one year, three for terms of two

years and one member shall be appointed for a term of three years.

Successors shall be appointed for terms of three years each. A vacancy

occurring otherwise than by expiration of term shall be filled by

appointment by the board for the unexpired term. The county executive

and director of public works in a county having such a director, shall

be ex-officio members of the commission. The appointive members of the

commission shall receive a compensation to be fixed by the board of

supervisors at not exceeding ten dollars for each meeting actually

attended, together with their necessary traveling and other expenses

incurred in the performance of their duties. Such commission shall have

power, within the limits of the appropriation made by the board of

supervisors, to employ a secretary and other necessary clerical

assistants and employ or contract with such technical assistants as may

be necessary from time to time to give full effect to the provisions of

this section. The department of public works, in counties having such a

department, shall furnish such engineering service as may be required by

the commission.

2. The county planning commission shall have control of land

subdivisions in towns outside cities and villages, and no map

subdividing land into lots for residential or business purposes in any

such town shall be accepted for filing by the county clerk unless it

shall have been first approved by the county planning commission and

shall have such approval endorsed thereon.

3. It shall be the duty of the county planning commission to make and

recommend to the board of supervisors a master plan for the physical

development of the county, which plan, with the accompanying maps,

plats, charts and descriptive matter, shall set forth recommendations of

the commission for the development of the county, including, without

excluding any other thing: (a) the general location, character and

extent of streets, highways, viaducts, subways, bridges, waterways,

water fronts, boulevards, parkways, playgrounds, squares, parks,

aviation fields, public and private parking spaces, and other public

ways, grounds and open spaces; (b) the general location of public

buildings and other public property; (c) the general location and extent

of public utilities and terminals whether publicly or privately

operated, for water, light, sanitation, transportation and

communication, power and other purposes; and (d) the removal,

relocation, alteration, vacating, abandonment, change of use or

extension of any of the foregoing features of the plan. As the work of

carrying the master plan into effect progresses, such commission may,

from time to time, recommend to the board of supervisors that action be

taken with respect to a part or parts thereof covering one or more major

sections or divisions of the county or one or more of the functional

matters included in the plan. Before recommending the master plan or any

part thereof, or any amendment, extension or addition thereto, to the

board of supervisors, such commission shall hold at least one public

hearing, of which it shall give at least seven days' notice by

publication in the newspapers designated to publish the concurrent

resolutions of the legislature. In addition, at least seven days' notice

of the hearing shall be given in writing to the supervisor and town

clerk of each town and to the mayor and clerk of each city or village,

any portion of which falls within the part of the master plan under

consideration. Any recommendation made by such commission must be by

resolution carried by the affirmative vote of not less than five

members, failing which, the resolution shall be deemed to have been

lost.

4. The board of supervisors shall have power by local law to adopt the

master plan recommended by the county planning commission, or any

portion, amendment or extension thereof or addition thereto, in so far

as the same relates to any portion of the county other than the

territory within the boundaries of any city, or village which have

adopted a plan of development and also any portion which relates to

state highways and county or town roads, county buildings and navigable

waterways, irrespective of whether they may be located within the

boundaries of any city or village or elsewhere within the county. Upon

the adoption of any such local law, the board of supervisors shall file

with the county clerk forthwith a certified copy thereof, including

copies of all relevant maps and plans.

5. Whenever a master plan, or one or more parts thereof, shall have

been adopted as hereinbefore provided, no street, square, park or other

public way, ground, open space or other public place, public building,

structure or public utility (whether publicly or privately owned) shall

be constructed or authorized in any portion of the county in respect to

which said plan or part thereof has been adopted, until the location,

character and extent thereof shall have been submitted to and approved

by the county planning commission as conforming to the general intent

and purpose of the master plan. The county planning commission shall

make rules relating to such matters, which shall provide for notice to

all parties interested, including units of local government which may be

affected thereby, and including the office of parks and recreation if

the matter submitted relates to any portion of the county within two

hundred feet of any state park or parkway. If the matter submitted

relates to the territory of any unit of local government which has

adopted a plan of development prior to the adoption of the master plan,

such plan shall not be superseded except by a two-thirds vote of the

whole number of members of the county planning commission.

6. The laws conferring authority upon units of local government and

the officers, boards and commissions thereof, to adopt ordinances

regulating and restricting the height, number of stories and size of

buildings and other structures, the percentage of lots that may be

occupied, the size of yards, courts and other open spaces, the density

of population, and the location and use of buildings, structures and

land for trade, industry, residence or other purposes shall continue in

full force and effect and such ordinances shall continue in full force

and effect in such units of local government, provided, however, that if

such master plan and the provisions of any such zoning ordinance

conflict, such master plan shall supersede such zoning ordinance, if, in

such respect it shall be reaffirmed by a two-thirds vote of the whole

number of the members of the county planning commission, after a hearing

thereon in the manner provided for the adoption of such master plan.