Section 131-J. Development of highways and other improvements in certain counties  


Latest version.
  • 1. The board of supervisors of any county having a  population  of  more than twelve thousand and adjoining a county having a population
      of four hundred thousand or more may appoint seven citizens and resident
      taxpayers of said county, who when so appointed shall constitute a board
      of commissioners under the name and style of "..........................
      county planning and development commission," the name of the  county  to
      be  inserted  in  the  blank  space.  Two  of  such  commissioners first
      appointed shall hold office for a term to expire  December  thirty-first
      of  the  year  in  which  they are appointed; three for a term to expire
      December thirty-first of the year  next  following  the  year  of  their
      appointment;  two  for  a  term  to  expire December thirty-first of the
      second year following the year of their appointment; and thereafter each
      commissioner shall hold office for a term of three years, such terms  to
      expire  December  thirty-first  of  the  third  year. In case any of the
      persons so appointed shall not undertake the office of said  commission,
      or  in case of vacancy occasioned by the expiration of term of office or
      otherwise, such vacancy shall be filled by a majority vote of  the  said
      board of supervisors, and the persons so appointed shall hold office for
      the  term  of three years from the date of the expiration of the term of
      office of the commissioner in whose place he is appointed,  except  that
      when  a  person  is  appointed to a vacancy occurring before the term of
      office in which the vacancy occurs shall have been completed such person
      so appointed shall hold his office for the remainder of  the  said  term
      not completed by his predecessor and until another shall be appointed in
      his  place.  No member of said commission shall receive any compensation
      for his  services  as  commissioner,  but  each  commissioner  shall  be
      entitled  to receive his actual disbursements and expenses in performing
      the duties of his office.
        Each commissioner shall before entering upon the duties of his  office
      take and subscribe the oath prescribed by the constitution of the state,
      which  oath shall be filed in the office of the county clerk.  The clerk
      of the board of supervisors of the county shall call a meeting  of  said
      commissioners  to be held at the court house within ten days after their
      appointment for the purpose of organization.  Such  commissioners  shall
      thereupon  proceed to organize and at such meeting, or at any subsequent
      meeting, select a president, vice-president,  secretary  and  treasurer,
      who  shall,  except  the  secretary,  be members of the commission. Such
      commission may adopt a seal and a majority of such  commissioners  shall
      constitute  a quorum for the transaction of business. The commisison may
      employ such counsel as may be necessary and may also employ experts  and
      other assistants and incur such other expenses as may be found necessary
      within  the  amounts  appropriated  by  the board of supervisors of said
      county, and the disbursements and expenses of the commission within  the
      amounts thus appropriated are hereby declared to be a county charge. The
      commission  shall  keep  a record of its proceedings which together with
      its approved maps, adopted plans, documents and acts shall be  a  public
      record  and  be  open  to public inspection at such times and under such
      reasonable regulations as  the  commission  shall  determine.  The  said
      commission  shall  maintain  a  suitable  office  where its maps, plans,
      papers and records shall be kept. And for the purposes of this act  such
      commission  is  empowered  to  employ  and  at  pleasure  discharge such
      officers and employees as it may deem necessary and may determine  their
      duties  and  fix their compensation, to be paid as other county salaries
      are paid, provided, however, that the total of such  salaries  shall  be
      within  the  amount  appropriated  by  the board of supervisors for that
      purpose.
    
        3. The commission shall from time to time and at  least  semi-annually
      make a report to the board of supervisors of the work done by it.
        4.  The  commission  shall from time to time prepare and submit to the
      board of supervisors of the county proposed plans  and  suggestions  for
      action  by  such  board  of supervisors for the construction of highways
      within the county and such plans may show the proposed changes in  width
      or  route  of such highways and the location of desirable new trunk line
      highways. Such plans  shall  also  show,  so  far  as  practicable,  the
      subdivision  of the county into drainage areas and adequate water supply
      system and other matters  which  would  tend  to  improve  the  sanitary
      conditions of the county.
        5. The commission shall have the right on behalf of the county to take
      in  fee  or  otherwise  by  gift  or devise lands or rights and interest
      therein, or to  receive  by  gift,  contribution  or  bequest  money  or
      property  to  be  used for any of the improvements as may be approved by
      the board of supervisors as herein provided, all of which gifts, devises
      or bequests shall be to and in the name of the county, which  is  hereby
      authorized  by  and through the commission to accept the same for one or
      more of the purposes as in this act provided, or  to  reject  the  same.
      All  such moneys so given or bequeathed shall, unless otherwise provided
      by the terms of such gift or  bequest,  be  deposited  with  the  county
      treasurer  and  be  subject  to  the  order  of the commission as may be
      provided by resolution of the board of supervisors.
        6. The commission on behalf  of  the  county  may  and  it  hereby  is
      authorized  to  apply to the proper authorities of the state of New York
      for a grant or grants of land under water, adjacent to any  uplands  now
      or  hereafter  owned  by  the  county and the land board, or other state
      officials authorized to make and execute grants of land under water  for
      and  on  behalf  of  the  state  of  New  York shall and they hereby are
      authorized and directed to release to the county any and all  rights  of
      the  state  therein,  such  grants  to be subject to such conditions and
      restrictions as to it or them shall  seem  proper,  but  for  a  nominal
      consideration.
        7.  The  board of supervisors may by resolution passed at any regular,
      special or monthly meeting adopt, modify and ratify or reject any  plans
      or  suggestions that may be reported to it by said commission and if and
      when so adopted, modified and ratified said board of supervisors may  at
      the  same  time  estimate the cost of the improvements, or at any one or
      more subsequent time or times, and may make additional estimates of  the
      cost of such improvements to be made as by such plans or suggestions set
      forth,  and  also  the  expenses  of  said  commission  as  the board of
      supervisors may by resolution from time to time authorize.
        8. It shall be the duty of the board of supervisors  to  cause  to  be
      raised  annually in each fiscal year by tax upon the taxable property of
      said county in the same manner as other taxes are levied and  collected,
      a  sufficient  sum  to pay the principal of and interest on any bonds or
      notes issued to carry out the provisions of this section. It shall  also
      be  the  duty of said board of supervisors in like manner to cause to be
      raised annually in each fiscal year a sum sufficient to pay all  charges
      and  expenses  legally  chargeable  against  the  county  for  the care,
      maintenance and operation of any public improvement created as specified
      in this section.