What
planning actions should be referred?
The
following municipal actions may be subject to County Planning
Board review:
Adoption or amendment of
a comprehensive plan
Adoption or amendment of
a zoning ordinance or local law
Issuance of special use
permits
Approval of site plans
Granting of use or area
variances
Other authorization
which a referring body may issue under the provisions of any
zoning ordinance or local law
Moratoria
When or
under what circumstance does a planning action need to be
referred?
A proposed
action is subject to review if the real property is within 500
feet of the following:
The boundary of any
city, village or town.
The boundary of any
existing or proposed county or state park or any other
recreation area.
The right-of-way of any
existing or proposed county or state parkway, thruway,
expressway, road, or highway.
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.
The
existing or proposed boundary of any county or state owned land
on which a public building or institution is situated.
The boundary of a farm
operation located in an agricultural district, as defined by
article twenty-five-AA of agriculture & markets law (this shall
not apply to the granting of area variances).
What
is the time schedule for referrals?
The County Planning Board has 30 days after receipt of the full
statement of the proposed action in which to respond. The
planning department will review the
Referral Form
and the submitted materials to determine completeness. If the
statement of proposed action is deemed incomplete, the
department will notify the referring body within three business
days. The 30-day period will begin once the referring body has
completed the statement.
If the County Planning Board does not respond within that 30
days after the referring body has submitted a full statement of
the proposed action, then the municipality may proceed to take
final action.
How
is a planning action submitted for County Planning Board review?
Washington County Planning & Community Development has prepared
a
Referral Form
to simplify the process of
referring planning actions for review. Use of this form is
required by our department. The steps of the referring process
are as follows:
Complete and sign the
Referral Form.
Include the following:
▬
A State Environmental Quality Review Act (SEQRA) EAF
(Environmental Assessment Form) and all materials used by the
referring body to make a determination of significance pursuant
to the SEQRA.
·
At a minimum, Part I of the SEQRA EAF is
required for referral. If the community has determined that the
action is a Type II Action requiring no further SEQRA action,
please note on the County Planning Board Referral Form the
number of the action as listed under 6NYCRR Part 617.5 (c).
▬
Copy of the full text of the ordinance or local law being
proposed, adopted or amended (unless current document is on file
with the department).
▬
Copy of any application submitted to the referring body.
▬
Copies of all maps and plans submitted to the referring body.
For oversized maps and/or plans (larger than 11X17 inches),
please include 12 copies or reduce to 11X17 inches or smaller
(include one full set in the original size).
Mail
or deliver by hand by 4:00 P.M., the completed and signed
Referral Form along with all materials to the Washington
County Planning & Community Development Office at least 10 days
before the regularly scheduled meeting of the County Planning
Board.
If
mailed, the postmarked date will be the date of delivery.
If
the deadline is missed, we will make every attempt to put the
proposed action on the next meeting’s agenda for review. If
that is not possible, we will contact the referring body with
the following two options:
▬
The statement can be put on the following meeting’s agenda with
a new submission date.
▬
The statement can be returned to referring body to be submitted
at a later date.
The County Planning Board meets on the second Monday of each
month. In the event that the second Monday of the month falls on
a county designated holiday, then the regular meeting will be
held on the third Monday of the month. The deadline for
submitting referrals will also be moved ahead by one week.
What is the
County Planning Board looking for in their reviews?
The County
Planning Board’s job is to determine if there will be any
countywide or inter-community impacts as a result of the
proposed action. In doing so, they may consider the following:
Compatibility of
adjacent land uses
Impact of any additional
traffic
Compatibility with
existing municipal comprehensive plans
Effects on community
character and appearance
Impacts on community
facilities
What
type of recommendations will the County Board make?
Once a
full statement of the proposed action is submitted for review,
the County Planning Board may choose from the following actions:
Approve
Approve with conditions
(modifications)
Disapprove citing
serious and unavoidable countywide or inter-municipal impacts.
Disapprove citing that
sufficient information was not provided that would allow the
board to evaluate the nature and magnitude of potential
county-wide or inter-municipal impacts.
Non-binding comments can
be used alone or in conjunction with the aforementioned actions.
These comments are used to address issues of local significance
that the board wishes to bring to the municipality’s attention.
No recommendation is
used when the board has determined there are no significant
countywide or inter-municipal impacts.
No action (After 30 days
without notice, the municipality may proceed to take final
action).
How
do the County Planning Board’s decisions and recommendations
affect local decision-making?
A
municipality may act contrary to the County Board’s decisions
and recommendations and approve the application. A simple
majority vote will approve the application in most cases. In
the event the County Board has disapproved or approved with
conditions, then the municipal board may approve the application
with a “super majority vote.” This is a vote of the majority of
its members, plus one vote. The board must then adopt a
resolution citing the reasons for its decision.
Regardless
of the approval or disapproval of the proposed action, the
municipality must always send a Notice of Final Action
to the County Planning Board.
Voluntary
referrals
If a review of a proposed action is not required by General
Municipal Law, the local board may send it voluntarily. In
doing so; however, the referral shall be subject to all the
requirements set forth in this guide and under GML 239m.
When can referrals be
exempted from County Planning Board review?Counties may enter into an
agreement with each referring body to exempt certain planning
actions deemed to have no inter-municipal or countywide
implications from County Planning Board review.
Contact the Washington County
Department of Planning & Community Development to learn how your
community can enter into an exemption agreement.
The following actions
may be exempted by agreement:
Certain agricultural farm management practices
Granting an individual setback
Granting lot line and area variances for single-family
residences
Dimensional variances for accessory structures
Placement of signs
What are the
consequences if a referral is not made?
Neglecting
to refer a land use action pursuant to General Municipal Law may
constitute a “procedural or jurisdictional error” that could
legally invalidate the local municipality’s land use decision.
In a court challenge, the local decision on an application may
be nullified. Too clarify any of these issues, the municipal
board may wish to consult their town or village attorney.
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