N.Y. General Municipal Law § 239-f: Approval of building permits, curb cuts, and subdivision plats

§ 239-f. Approval of building permits, curb cuts, and subdivision

plats. 1. Rules and regulations. The county superintendent of highways

or the commissioner of public works in cooperation with the county

planning board as well as the county building inspector, if any, shall

promulgate rules and regulations governing the approval of building

permits and curb cuts relating to elements contained in the county

official map, including provision for direct application to him or her

by prospective builders or by persons desiring to secure access to

existing or proposed rights-of-way or to alter existing means of access.

Any approval of such application shall be subject to all the provisions

of law pertaining to the municipality affected.

2. Procedure. No subdivision plat or building permit shall be issued

or approved by any municipality when there are proposed structures,

proposed new streets, or proposed buildings which shall have frontage

on, access to, or be otherwise directly related to any existing or

proposed right-of-way or site shown on the county official map, except

in accord with the following procedures.

(a) Notification. (i) Upon receipt of an application for approval of

a subdivision plat, the clerk of the municipal planning board shall

notify the county planning board and the county superintendent of

highways or commissioner of public works.

(ii) Upon receipt of an application for a building permit the

municipal building inspector or other authorized municipal official

shall notify county officials. The county superintendent of highways or

commissioner of public works shall notify appropriate state or federal

agencies affected. Such state and federal agencies shall have ten

working days in which to file their objections to an application for a

building permit.

(b) Report. (i) The county planning board shall review a subdivision

application insofar as proposed structures or new streets may be related

to any existing or proposed right-of-way or site shown on the county

official map. Within ten working days of receipt of notification of a

subdivision plat application, the county planning board shall report to

the municipality on its approval, disapproval, or approval subject to

stated conditions.

(ii) The county superintendent of highways or commissioner of public

works shall review an application for a building permit insofar as

proposed building, including curb cuts or other means of access, may be

related to any existing or proposed right-of-way or site shown on the

county official map. Within ten working days of receipt of a building

permit application the county superintendent of highways or commissioner

of public works may consult with the county planning board and shall

report to the municipality on his or her approval, disapproval, or

approval subject to stated conditions. If such superintendent or

commissioner fails to make a report within ten working days of such

reference, the county shall forfeit the right to suspend action.

(c) Considerations. In making such report the county planning board

and the county superintendent of highways or commissioner of public

works shall take into consideration the following:

(i) the prospective character of the development;

(ii) any appropriate access standards or non-access or limited access

provisions of state and federal agencies;

(iii) the design and frequency of access;

(iv) the traffic which the development will generate and the effect of

said traffic upon existing or proposed rights-of-way or sites shown on

the county official map;

(v) the effect of this development upon drainage as related to

drainage systems; and

(vi) the extent to which such development may impair the safety and

traffic carrying capacity of existing and proposed rights-of-way

affected.

(d) Approval. (i) A subdivision plat may be approved by the

municipality subject to stated conditions, notwithstanding such county

planning board report, by a two-thirds vote of all the members.

(ii) A building permit shall be issued in accord with and consistent

with such report, provided that the board of appeals or other authorized

board may vary the requirements of the report of the county

superintendent of highways or the commissioner of public works by a

two-thirds vote of all the members. Before issuing such building permit,

a notice of public hearing on such permit shall be published in a

newspaper of general circulation in the municipality at least ten

working days prior to such hearing. Such notice shall be forwarded at

least ten working 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, if

any, and appropriate state and federal agencies affected.