Alternative County Government - Optional Transfer of Powers - County planning commission


Published: 2014-09-22

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§ 552. County planning commission. 1. If the alternative form of
county government, or the modification or change of any such form, shall
so provide, there shall be a county planning commission in such county.
Such commission shall consist of seven members who shall be appointed by
the board of supervisors and either one or two ex-officio members as
hereinafter provided. Of the appointive members of the commission,
three shall be appointed for terms of one year, three for terms of two
years and one member shall be appointed for a term of three years.
Successors shall be appointed for terms of three years each. A vacancy
occurring otherwise than by expiration of term shall be filled by
appointment by the board for the unexpired term. The county executive
and director of public works in a county having such a director, shall
be ex-officio members of the commission. The appointive members of the
commission shall receive a compensation to be fixed by the board of
supervisors at not exceeding ten dollars for each meeting actually
attended, together with their necessary traveling and other expenses
incurred in the performance of their duties. Such commission shall have
power, within the limits of the appropriation made by the board of
supervisors, to employ a secretary and other necessary clerical
assistants and employ or contract with such technical assistants as may
be necessary from time to time to give full effect to the provisions of
this section. The department of public works, in counties having such a
department, shall furnish such engineering service as may be required by
the commission.

2. The county planning commission shall have control of land
subdivisions in towns outside cities and villages, and no map
subdividing land into lots for residential or business purposes in any
such town shall be accepted for filing by the county clerk unless it
shall have been first approved by the county planning commission and
shall have such approval endorsed thereon.

3. It shall be the duty of the county planning commission to make and
recommend to the board of supervisors a master plan for the physical
development of the county, which plan, with the accompanying maps,
plats, charts and descriptive matter, shall set forth recommendations of
the commission for the development of the county, including, without
excluding any other thing: (a) the general location, character and
extent of streets, highways, viaducts, subways, bridges, waterways,
water fronts, boulevards, parkways, playgrounds, squares, parks,
aviation fields, public and private parking spaces, and other public
ways, grounds and open spaces; (b) the general location of public
buildings and other public property; (c) the general location and extent
of public utilities and terminals whether publicly or privately
operated, for water, light, sanitation, transportation and
communication, power and other purposes; and (d) the removal,
relocation, alteration, vacating, abandonment, change of use or
extension of any of the foregoing features of the plan. As the work of
carrying the master plan into effect progresses, such commission may,
from time to time, recommend to the board of supervisors that action be
taken with respect to a part or parts thereof covering one or more major
sections or divisions of the county or one or more of the functional
matters included in the plan. Before recommending the master plan or any
part thereof, or any amendment, extension or addition thereto, to the
board of supervisors, such commission shall hold at least one public
hearing, of which it shall give at least seven days' notice by
publication in the newspapers designated to publish the concurrent
resolutions of the legislature. In addition, at least seven days' notice
of the hearing shall be given in writing to the supervisor and town
clerk of each town and to the mayor and clerk of each city or village,
any portion of which falls within the part of the master plan under
consideration. Any recommendation made by such commission must be by
resolution carried by the affirmative vote of not less than five
members, failing which, the resolution shall be deemed to have been
lost.

4. The board of supervisors shall have power by local law to adopt the
master plan recommended by the county planning commission, or any
portion, amendment or extension thereof or addition thereto, in so far
as the same relates to any portion of the county other than the
territory within the boundaries of any city, or village which have
adopted a plan of development and also any portion which relates to
state highways and county or town roads, county buildings and navigable
waterways, irrespective of whether they may be located within the
boundaries of any city or village or elsewhere within the county. Upon
the adoption of any such local law, the board of supervisors shall file
with the county clerk forthwith a certified copy thereof, including
copies of all relevant maps and plans.

5. Whenever a master plan, or one or more parts thereof, shall have
been adopted as hereinbefore provided, no street, square, park or other
public way, ground, open space or other public place, public building,
structure or public utility (whether publicly or privately owned) shall
be constructed or authorized in any portion of the county in respect to
which said plan or part thereof has been adopted, until the location,
character and extent thereof shall have been submitted to and approved
by the county planning commission as conforming to the general intent
and purpose of the master plan. The county planning commission shall
make rules relating to such matters, which shall provide for notice to
all parties interested, including units of local government which may be
affected thereby, and including the office of parks and recreation if
the matter submitted relates to any portion of the county within two
hundred feet of any state park or parkway. If the matter submitted
relates to the territory of any unit of local government which has
adopted a plan of development prior to the adoption of the master plan,
such plan shall not be superseded except by a two-thirds vote of the
whole number of members of the county planning commission.

6. The laws conferring authority upon units of local government and
the officers, boards and commissions thereof, to adopt ordinances
regulating and restricting the height, number of stories and size of
buildings and other structures, the percentage of lots that may be
occupied, the size of yards, courts and other open spaces, the density
of population, and the location and use of buildings, structures and
land for trade, industry, residence or other purposes shall continue in
full force and effect and such ordinances shall continue in full force
and effect in such units of local government, provided, however, that if
such master plan and the provisions of any such zoning ordinance
conflict, such master plan shall supersede such zoning ordinance, if, in
such respect it shall be reaffirmed by a two-thirds vote of the whole
number of the members of the county planning commission, after a hearing
thereon in the manner provided for the adoption of such master plan.