It is hereby declared that it is in the public
interest that certain classes of zoning and planning actions by the
Village, as proposed by the agencies thereof having jurisdiction,
be reviewed by the County Planning Agency for Wayne County pursuant
to law for the territory in which such municipality is located, as
an aid in coordinating such zoning actions and planning among municipalities
by bringing pertinent intercommunity and county-wide considerations
to the attention of the aforesaid municipal agencies having jurisdiction.
It is the intention of the Village that such considerations shall
include: compatibility of various land uses with one another; traffic
generating characteristics of various land uses in relation to the
effect of such traffic on other land uses and to the adequacy of existing
and proposed thoroughfare facilities; impact of proposed land uses
on existing and proposed county or state institutional or other uses;
protection of community character as regards predominant land uses,
population density, and relation between residential and nonresidential
area; community appearance; drainage; community facilities; official
development policies, municipal and county, as may be expressed through
comprehensive plans, capital programs, or regulatory measures; and
such other matters as may relate to the public convenience, to governmental
efficiency, and to the achieving and maintaining of a satisfactory
community environment. This article shall apply to municipal zoning
and planning actions, including those proposed zoning actions to be
submitted to county, metropolitan and regional planning agencies in
accordance with provisions of § 239-m of the General Municipal
Law and any amendments thereto, and to subdivision plats to be submitted
to county planning agencies in accordance with provisions of § 239-n
of the General Municipal Law. The Village hereby incorporates by reference
General Municipal Law § 239-1 and any amendments thereto.
A.
Referral to planning agency.
(1)
In any village which is located in a county which
has a county planning board, commission or other agency, hereinafter
referred to as a "county planning agency," the village, which has
jurisdiction to adopt or amend zoning regulations, approve site plans,
or to issue special permits or grant variances pursuant to such regulations,
shall, before taking final action on certain of such matters, refer
the same to such county planning agency. The terms "special permit"
and "site plan" shall be deemed to include any special permit, use
permit, exception, or other special authorization to issue under the
provisions of any zoning ordinance.
(2)
The matters covered by this section shall include:
a) any municipal zoning regulation, or any amendment thereof, which
would change the district classification of or the regulations applying
to real property lying within a distance of 500 feet from the boundary
of any city, village, or town, or from the boundary of any existing
or proposed county or state park or other recreation area, or from
the right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway, or from the existing or proposed
right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines, or from the
existing or proposed boundary of any county- or state-owned land on
which a public building or institution is situated; and b) any special
permit, site plan, or variance affecting such real property within
such distance of 500 feet. The term "proposed" shall be deemed to
include only those recreation areas, parkways, thruways, expressways,
roads or highways which are shown on a county plan adopted pursuant
to Subdivision 2 of § 239-d of the General Municipal Law
or adopted on an official map pursuant to § 239-e of such
law.[1]
(3)
Within 30 days after receipt of a full statement of
such referred matter, the county, metropolitan or regional planning
agency to which referral is made, or an authorized agent of such agency,
shall report its recommendations thereon to the referring municipal
agency, accompanied by a full statement of the reasons for such recommendations.
If such planning agency fails to report within such period of 30 days
or such longer period as may have been agreed upon by it and the referring
agency, the municipal body having jurisdiction to act may do so without
such report. If such planning agency disapproves the proposal, or
recommends modification thereof, the municipal agency having jurisdiction
shall not act contrary to such disapproval or recommendation except
by a vote of a majority plus one of all the members thereof and after
the adoption of a resolution fully setting forth the reasons for such
contrary action.
(4)
Within seven days after final action by the municipal
agency having jurisdiction on the recommendations, modifications or
disapproval of a referred matter, such municipal agency shall file
a report of the final action it has taken with the county, metropolitan
or regional planning agency which had made the recommendations, modifications
or disapproval.
B.
Full statement.
(1)
For purposes of Subsection A, "full statement" of such referred matter shall mean all materials required for and accepted by the referring municipal body as a completed application. When the matter referred is the adoption or amendment of a zoning ordinance or local law, "full statement" shall also include the complete text of the proposed ordinance or local law as well as all existing provisions to be affected thereby, if any, and only if not already in the possession of the county, metropolitan or regional planning agency.
(2)
Notwithstanding the foregoing provisions of this subsection,
any municipal body may agree with the county planning agency, or in
the absence of a county planning agency, with the metropolitan or
regional planning agency, as to what shall constitute a "full statement"
for any or all of those matters which said municipal body is authorized
to act upon.
(3)
The term "receipt" shall mean delivery of a full statement
in accordance with the rules and regulations of the county, metropolitan
or regional planning board or agency with respect to person, place
and period of time for submission. In no event shall such rule or
regulation define delivery so as to require in-hand delivery or delivery
more than 12 calendar days prior to the board or agency's meeting
date. In the absence of any such rules or regulations, "receipt" shall
mean delivery in-hand or by mail to the clerk of the board or agency,
or if no position of clerk exists, to the office address of said board
or agency. Where delivery is made in-hand, the date of receipt shall
be the date of delivery. Where delivery is made by mail, the date
as postmarked shall be the date of delivery. The Village hereby incorporates
by reference General Municipal Law § 239-m and any amendments
thereto.
