N.Y. General Municipal Law § 239-e: County official map

§ 239-e. County official map. 1. Legislative intent. It is the general

intent of this section and section two hundred nine-f of this chapter to

enable counties to utilize certain regulatory powers which are essential

for providing for orderly growth and development, for affording adequate

facilities for the safe, convenient, and efficient means for traffic

circulation including the vehicular movement of goods, for protecting

the public against flood damage, and for providing needed space for

public development. Such purposes are declared to be in promotion of the

safety, convenience, and general welfare of the community.

2. Purpose. The county legislative body may adopt an official map in

order to facilitate the planning and development of roads and drainage

systems and sites for public development. County official maps shall be

designed to assist in the protection of rights-of-way that will be

needed for widened, realigned or new roads; protect drainage systems;

and protect sites for public development. Such county official map shall

serve as a basis for the adoption and administration of regulations for

the control of development along or otherwise related to roads, drainage

channels and sites for public development.

3. Content. The county official map shall show existing and proposed

rights-of-way for drainage systems and for county roads as established

pursuant to article six of the highway law. Such map shall be consistent

with any county comprehensive plan adopted or amended pursuant to this

article. In counties where the county legislative body has adopted such

county comprehensive plan, the official map may also include:

rights-of-way required for any proposed transportation network; and

sites for any proposed county, state or federal development facilities,

including parks, drainage courses, water courses, and public buildings.

No state or federal development facility shall be included, changed or

deleted in the official map until approved by the appropriate state or

federal agency.

4. Adoption, amendment. After the conduct of a public hearing, as

hereinafter provided, the county legislative body may adopt an official

map covering the entire county, or portions thereof, and amend such map

whenever it may deem it to be in the public interest.

(a) Notice, hearing. A public hearing shall be held on any proposed

adoption of, or amendment to, the official county map. Notice of such

hearing shall be published at least ten days prior to such hearing in a

newspaper of general circulation in the county. Written notice shall be

given to the appropriate state or federal agency for the development

facilities affected.

(b) Referral to county planning board. Prior to adopting or amending a

county official map, the county legislative body shall refer such

proposed change to the county planning board, if any, and the county

superintendent of highways or commissioner of public works for report

thereon within thirty days of such reference.

(c) Referral to municipalities. The county legislative body shall

refer such proposed amendment to the legislative body and planning board

of each municipality within the county, which may report thereon to the

county legislative body and to the county planning board. If the

municipal legislative body disapproves by resolution such proposed

amendment, the county legislative body may not so amend the official map

except by a two-thirds vote of said body. In counties where the county

legislative body has adopted a county comprehensive plan, the county

legislative body may change the official map by a majority vote

notwithstanding such municipal disapproval so long as the change is in

accordance with the county comprehensive plan.

5. Effect. (a) The official county map shall be final and conclusive

with respect to the location, width and dimensions of all rights-of-way

and sites as shown thereon. The county official map shall be deemed to

be in addition to, or an amendment of, the official map of any

municipality. If a municipality does not have an official map, the

county official map as it affects such municipality shall be considered

to be the official map of such municipality, and all provisions of law

applying to municipal official maps shall be applicable in the case of

county official maps where they affect municipalities. The adoption of a

county official map shall in no way supersede or otherwise substitute

for highway maps or procedures adopted pursuant to the state highway

law. No permit shall be issued for any building in any right-of-way or

site, shown or laid out on a county official map, except in accord with

the appeal procedures herein.

(b) All county land acquisitions and public improvements shall be in

accordance with the county map and any comprehensive plan adopted or

amended pursuant to this article.

6. Filing. Certified copies of such county official map and all

amendments thereto shall be sent to each municipality, the secretary of

state, and appropriate state and federal agencies affected, within ten

days of the date of adoption.

7. Appeals. If the land within a right-of-way or site shown or laid

out on the county official map is not yielding a fair return on its

value to the owner, the owner may appeal to the zoning board of appeals,

if any, or other board established by the municipality in which the land

is situated to issue variances or make exceptions in zoning regulations.

(a) Notice, hearing. Notice of a public hearing on such appeal shall

be published in a newspaper of general circulation in the municipality

at least ten days prior to such hearing. Notice of such hearing shall

also be given at least ten days in advance by a registered letter to the

superintendent of highways or commissioner of public works, to the clerk

of the county legislative body, and to the county planning board and

those state and federal agencies affected.

(b) Conditions. The zoning board of appeals or other board authorized

by the municipal legislative body to issue building permits shall, by

the vote of two-thirds of its members in accordance with the provisions

of section two hundred thirty-nine-f of this article, have the power to

grant a permit for a building in such right-of-way or site which will as

little as practicable increase the cost of acquiring such right-of-way

or site or tend to cause a change of the county official map. Such board

may impose reasonable requirements as a condition of granting such

permit, which requirements shall inure to the benefit of the county and

of the municipality in which such building is located.

(c) Court review. Any person or persons, jointly or severally

aggrieved by any decision of the board of appeals or other board

authorized by the municipal legislative body to issue building permits

may apply to the supreme court for review by a proceeding under article

seventy-eight of the civil practice law and rules. Such appeal shall be

taken in the same manner and pursuant to the same provisions as appeals

from the decisions of such zoning board of appeals or other authorized

board.