N.Y. General Municipal Law § 239-h: Regional planning councils

§ 239-h. Regional planning councils. 1. Legislative findings and

intent. The legislature hereby finds and determines that:

(a) Significant decisions and actions affecting the immediate and

long-range protection, enhancement, growth and development of the state

and its communities are made by regional planning councils.

(b) Regional planning councils serve as an increasingly important

resource to the state and its localities, helping to establish

productive linkages between communities as well as with state and

federal agencies.

(c) Through comprehensive planning and special studies, regional

planning councils provide focus on opportunities and issues best handled

on a broad geographic scale.

(d) The development of a regional comprehensive plan can foster

cooperation among governmental agencies in the planning and

implementation of capital projects. Similarly, regional comprehensive

plans can promote intermunicipal cooperation in the provision of public

services.

(e) Citizen participation is essential to the design and

implementation of a regional comprehensive plan.

(f) The great diversity of resources and conditions that exist within

and among regions requires consideration of such factors by regional

planning councils.

(g) It is the intent of the legislature therefore, to provide a

permissive and flexible framework within which regional planning

councils can perform their powers and duties.

2. Definitions. For the purposes of this section and section two

hundred thirty-nine-i of this article the term "municipality" shall mean

any city, town, village or county.

3. Establishment of regional planning council. (a) Creation. Any

municipal legislative body may collaborate with the legislative body of

a contiguous municipal legislative body to create a regional planning

council under this article. The legislative bodies of the municipalities

participating in the regional planning council shall adopt by resolution

an agreement setting forth the terms and conditions of such

collaboration. The regional planning council shall be considered an

agency of a political subdivision or municipality for purposes of

sections one hundred three, one hundred four and article eighteen of

this chapter, articles six and seven of the public officers law, and for

the purposes of eligibility for federal and/or state grants.

(b) Membership. Membership and officers on such council shall be

selected in a manner to be determined by the collaborating legislative

bodies. In making such appointments, the collaborating legislative

bodies shall include members from a broad cross section of interests

within the region. Consideration should also be given to securing

representation by population size, geographic location and type of

municipality. The terms of membership as well as the filling of

vacancies on such council shall be determined by the collaborating

legislative bodies. The collaborating legislative bodies may also

jointly provide for the appointment of individuals to serve as

ex-officio members of the regional planning council. Said ex-officio

members or their designees may participate in the deliberations of the

council, but shall not have voting privileges.

(c) Membership of elected or appointed officials. No person shall be

precluded from serving as a member of a regional planning council as

appointed by a collaborating municipal legislative body pursuant to this

section, because such member is an elected or appointed official of such

municipality. A member of a regional planning council shall excuse

himself or herself from any deliberation or vote relating to a matter or

proposal before such regional planning council which is or has been the

subject of a proposal, application or vote before the municipal board of

which he or she is a member.

(d) Training and attendance requirements. As a condition of

appointment to the regional planning council, the collaborating

legislative bodies may establish training, continuing education and

meeting attendance requirements for such members.

(e) Member reimbursement. The members of such regional planning

council shall receive no salary or compensation for their services as

members of such council, but may be reimbursed for authorized, actual

and necessary travel and expenditures.

(f) Removal of members. The legislative body of each collaborating

municipality may remove any regional planning council member which said

municipal legislative body has appointed for cause and may provide by

resolution for removal of any such regional planning council member for

non-compliance with minimum requirements relating to meeting attendance

and training as established by the collaborating legislative bodies by

resolution.

(g) By-laws. The regional planning council shall adopt by-laws

governing its operation which shall be approved by the collaborating

legislative bodies and shall keep a record of its resolutions,

transactions, findings and determinations, which record shall be a

public record.

(h) Appropriation; expenses. Collaborating legislative bodies may, in

their discretion, appropriate and raise by taxation, money for the

expenses of the regional planning council; such bodies shall not be

charged with any expense incurred by the regional planning council

except pursuant to such appropriation. The legislative body of each

collaborating municipality is authorized to provide for the payment of

the moneys so appropriated for the expenses of such council to an

officer of the council designated in the council by-laws to receive such

moneys, provided that before any such money shall be paid to such

officer, such officer shall have executed an official undertaking

conditioned for the faithful performance of duties in the manner

provided in section four hundred three of the county law and provided

that such undertaking shall have been approved by the legislative body

of each municipality. The regional planning council shall have the power

and authority to employ staff, consultants and other experts and to pay

for their services, and to provide for such other expenses as may be

necessary and proper.

(i) Authority to receive and expend funds. In furtherance of the

purposes of this section, the regional planning council may receive and

expend public and private funds and grants from non-public foundations,

agencies, corporations, and private entities and may apply for and

accept grants from the federal government or the state government and

enter into contracts for and agree to accept such grants, donations or

subsidies in accordance with such reasonable conditions and requirements

as may be imposed thereon.

4. Regional planning council powers and duties. (a) The regional

planning council shall have such of the following powers as shall be

provided in the agreement among the collaborating municipalites:

(i) conduct surveys, studies and research programs which address

regional needs and improve community services;

(ii) distribute information resulting from such surveys, studies and

programs;

(iii) prepare a regional comprehensive plan and any amendments thereto

pursuant to section two hundred thirty-nine-i of this article;

(iv) consult and cooperate with appropriate state, municipal and

public or private agencies in matters affecting the region, including,

but not limited to the general protection, enhancement, quality of life,

growth and development of the region;

(v) assist with transportation planning in areas of the region not

served by metropolitan planning organizations created pursuant to

section fifteen-a of the transportation law; and

(vi) conduct reviews of certain classes of planning and zoning actions

by a city, town or village pursuant to sections two hundred

thirty-nine-l and two hundred thirty-nine-m of this article, and review

certain subdivision plats pursuant to section two hundred thirty-nine-n

of this article.

(b) A regional planning council shall not undertake any capital

construction project, including but not limited to the design,

acquisition, construction, improvement, reconstruction or rehabilitation

of any capital asset, whether in the nature of real or personal

property.

5. Annual report and audit. Every regional planning council shall

submit an annual report to the collaborating legislative bodies and to

the department of audit and control which report shall include a summary

of council activities, including planning and technical services and

grant and loan programs, a summary of the financial status of the

council, including the annual budget as well as any federal, state and

local funding and private sector financial assistance, and a summary of

planned future activities as well as topics that are required in the

by-laws of the regional planning council. Every regional planning

council shall engage a certified public accountant to complete an annual

financial audit and audit of the internal control structure of the

regional planning council, a copy of which shall be included in the

annual report.

6. Voting requirements. Every motion or resolution of a regional

planning council shall require for its adoption the affirmative vote of

a majority of all the members of the regional planning council.