Section 239-C. County planning boards

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 county planning boards.
    (b) county planning boards serve as an 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,  county
  planning boards focus on opportunities and  issues  best  handled  at  a
  county-wide scale.
    (d)  the  development  of  a  county  comprehensive  plan  can  foster
  cooperation  among   governmental   agencies   in   the   planning   and
  implementation  of  capital  projects.  Similarly,  county comprehensive
  plans can promote intermunicipal cooperation in the provision of  public
  services.
    (e)   citizen   participation   is   essential   to   the  design  and
  implementation of a county comprehensive plan.
    (f) the great diversity of resources and conditions that exist  within
  and  among  counties  requires  consideration  of such factors by county
  planning boards.
    (g) it is the intent  of  the  legislature  therefore,  to  provide  a
  permissive  and  flexible  framework within which county planning boards
  can perform their power and duties.
    1-a. Alternate  members  of  county  planning  boards.  (a)  A  county
  legislative  body  may,  by  local  law  or  as  a part of the local law
  creating the county planning board, establish alternate  planning  board
  member  positions for purposes of substituting for a member in the event
  such member is unable to participate because of a conflict of  interest.
  Alternate  members  of  the  county planning board shall be appointed by
  resolution of the county legislative body, for terms established by such
  legislative body.
    (b) The chairperson of the planning board may designate  an  alternate
  member  to  substitute  for  a  member  when  such  member  is unable to
  participate because of a conflict  of  interest  on  an  application  or
  matter  before the board. When so designated, the alternate member shall
  possess all the powers and responsibilities of such member of the board.
  Such designation shall be  entered  into  the  minutes  of  the  initial
  planning board meeting at which the substitution is made.
    (c)  All  provisions of this section relating to county planning board
  member  training  and  continuing  education,  attendance,  conflict  of
  interest,  compensation,  eligibility,  vacancy  in office, removal, and
  service on other boards, shall also apply to alternate members.
    2. Establishment of  county  planning  board.  (a)  Creation.  In  the
  absence  of  a  county  administrative  code or county charter which may
  otherwise provide for the creation  of  a  county  planning  board,  the
  county  legislative body alone, or in collaboration with the legislative
  bodies of the municipalities in  such  county  may  establish  a  county
  planning board.
    (b)  Membership.  Members and officers of such board shall be selected
  in a number and manner determined by the  county  legislative  body.  In
  making  such  appointments,  the  county  legislative body shall include
  members from a broad cross  section  of  interests  within  the  county.
  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 board shall be
  determined by the county legislative body. The county  legislative  body
  may  provide  for  the appointment of individuals to serve as ex-officio

  members of the county planning board. Said ex-officio members  or  their
  designees  may  participate  in the deliberations of the county planning
  board, 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  county  planning  board,  as
  appointed  by  the  county  legislative  body  pursuant to this section,
  because such member is an elected or appointed official of the county or
  a municipality. A member of a county planning board shall excuse himself
  or herself from any  deliberation  or  vote  relating  to  a  matter  or
  proposal  before  such  county  planning  board 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. (i) Each member of a  county
  planning board shall complete, at a minimum, four hours of training each
  year designed to enable such members to more effectively carry out their
  duties. Training received by a member in excess of four hours in any one
  year may be carried over by the member into succeeding years in order to
  meet the requirements of this paragraph. Such training shall be approved
  by  the county and may include, but not be limited to, training provided
  by a regional or county planning office or commission,  county  planning
  federation,  state  agency,  statewide municipal association, college or
  other similar entity. Training may be provided in a variety of  formats,
  including but not limited to, electronic media, video, distance learning
  and traditional classroom training.
    (ii) To be eligible for reappointment to such board, such member shall
  have  completed  the  training  promoted  by the county pursuant to this
  paragraph.
    (iii) The training  required  by  this  paragraph  may  be  waived  or
  modified  by the county when, in the judgment of the governing board, it
  is in the best interest of the county to do so.
    (iv) No decision of  a  county  planning  board  shall  be  voided  or
  declared invalid because of a failure to comply with this paragraph.
    (e)  Member  reimbursement.  The members of such county planning board
  shall receive no salary or compensation for their services as members of
  such board but may be reimbursed for authorized,  actual  and  necessary
  travel and expenditures.
    (f)  Removal  of  members.  The county legislative body may remove any
  member of such planning board for cause, and may provide  by  resolution
  for removal of any planning board member for non-compliance with minimum
  requirements  relating to meeting attendance and training as established
  by the county legislative body by resolution.
    (g) By-laws. The county planning board shall adopt  by-laws  governing
  its  operation,  which  shall be approved by the county legislative body
  and shall keep a record of its resolutions, transactions,  findings  and
  determinations, which record shall be a public record.
    (h) Appropriation; expenses. The county legislative body and municipal
  legislative  bodies  may,  in their discretion, appropriate and raise by
  taxation, money for the expenses of such  county  planning  board.  Such
  bodies  shall  not  be  charged  for  any expense incurred by such board
  except pursuant to such appropriation. The county planning  board  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, not to exceed the appropriation
  that may be made therefor by the county legislative body for such county
  planning board.
    (i)  Authority  to  receive  and  expend  funds. In furtherance of the
  purposes of this article, the county  planning  board  may  receive  and
  expend  public funds and grants from private foundations or agencies 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.
    3.  County  planning  board  powers  and duties. (a) Review of certain
  municipal planning and zoning actions. The county legislative body  may,
  by resolution, authorize the county planning board to conduct reviews of
  certain  classes  of  planning  and  zoning  actions  by a city, town or
  village  within  such  county   pursuant   to   sections   two   hundred
  thirty-nine-l  and  two  hundred  thirty-nine-m  of this article, and to
  review  certain  subdivision  plats  pursuant  to  section  two  hundred
  thirty-nine-n of this article.
    (b) County comprehensive plan. The county legislative body may request
  the  county  planning  board  to  assist  in the preparation of a county
  comprehensive plan  and  amendments  thereto  pursuant  to  section  two
  hundred thirty-nine-d of this article.
    (c)  County  official map. The county legislative body may request the
  county planning board to prepare a county official  map  and  amendments
  thereto pursuant to section two hundred thirty-nine-e of this article.
    (d)  County  studies.  The county planning board may undertake studies
  relevant to the future growth, development, and protection of the county
  and municipalities therein, including studies in  support  of  a  county
  comprehensive plan.
    (e)  Local studies. The county planning board may assist a city, town,
  or village in the study  of  ways  to  obtain  economy,  efficiency  and
  quality in the planning and provision of municipal services.
    (f)  Collection  and  distribution of information. The county planning
  board may collect and  distribute  information  relative  to  county  or
  municipal  planning  and  zoning  in  such county. Upon request from the
  county or a  municipality  the  planning  board  may  recommend  to  the
  legislative   body   of   the   county   or  such  municipalities  whose
  jurisdictions are served by the county planning  board  a  comprehensive
  plan  which  shall  designate  suitable areas to be zoned for land uses,
  taking into consideration, but not limited to, such factors as  existing
  and  projected  highways,  parks,  open  spaces, parkways, public works,
  public  utilities,  public  transportation  terminals  and   facilities,
  population trends, topography and geologic structure.
    (g)  Local technical assistance. The county planning board may furnish
  such technical services as a municipality within the county may request.
  Such services may  include,  but  not  be  limited  to  assistance  with
  planning  and land use functions, use of geographic information systems,
  infrastructure  development,  as  well   as   inter-municipal   services
  delivery,  and  may be provided directly by the county planning board or
  in coordination with other county departments or agencies. The  charges,
  if  any, to be made for such services shall be established by the county
  legislative body.
    (h) Highway construction.  Before  the  final  approval  of  any  plan
  involving  the  construction  or  reconstruction  of any state or county
  highway, with or without federal aid, the county planning board shall be
  given an opportunity to examine such plans and  offer  suggestions  with
  respect  thereto.  This  paragraph  shall  in  no manner be construed as
  nullifying or contravening the final approval  of  the  commissioner  of
  transportation.
    4.  Annual  report.  The  county planning board shall submit an annual
  report to the county legislative body and include in such report  topics
  that are required in the by-laws of the county planning board.

    5.  Voting  requirements.  Every  motion  or  resolution  of  a county
  planning board shall require for its adoption the affirmative vote of  a
  majority of all the members of the county planning board.