N.Y. General City Law § 20-g: Intermunicipal cooperation in comprehensive planning and land use regulation

§ 20-g. 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 city to prepare a comprehensive plan and

enact and administer land use regulations, by local law or ordinance,

rule or regulation, each city 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 of the agreement, including

those relating to the duration, extension or termination.

(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 city

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.