Referrals to the County Planning Board

Projects that must be referred

The following projects/proposals must be referred to the county if they are on certain properties:

• Comprehensive Plans  (adoption or amendment)
• Zoning ordinances or local law (adoption or amendment)
• Special permit
• Site plan approval
• Variances – use or area
• Subdivision plat approval
• other (e.g., special extension, etc.)

This law applies to any of the above projects that are on properties within 500’ of the following:

• municipal boundary        
• state or county recreation area   
• state or county highway right-of-way      
• county-owned stream or drainage channel
• boundary of a parcel of land upon which are municipal building(s) or institution(s)
• boundary of farm operation located in agricultural district (not needed for area variance)

Project waivers

For projects/proposals generally considered to be insignificant, a municipality may waive the referral requirement.  A written agreement with the county is necessary.

• If your municipality does not have an agreement in place, contact the planning department.

Submission deadlines

The referral package must be received by the Planning Department at least 10 calendar days before the date of the regular monthly meeting of the County Planning Board to appear on the agenda (see the bottom of the referral cover sheet).  This requirement allows department staff time to review the projects and prepare reports for the County Planning Board.  This is an important consideration as the municipality and county both try to expedite review time periods for the benefit of the project applicants.

Required materials to be referred

The referral package must include the “Full Statement” of the project.  A full statement includes:

• All materials required by the local law for a complete application
• Part I of the Environmental Assessment Form (EAF) required by SEQRA, and any other environmental information required to make a determination of significance (the determination of significance does not have to be included)
• An Agricultural Data Statement if applicable. 

Agricultural districts

If the project is within an agricultural district or on property with boundaries within 500 ft of a farm operation located in an agricultural district an “Agricultural Data Statement” is required.  The planning department encourages all local boards considering action on projects to refer to use the “mapping online” feature to view parcels and agricultural district boundaries to determine if an agricultural data statement is required.

Notice to adjacent municipalities

If a project is on property within 500’ of a municipal boundary, then the local board must give notice to the clerk of the adjacent municipality of the date of the public hearing at least 10 days prior to such hearing.

When the local action is contrary to county board decision

If the county planning board recommended modification or disapproval of a project, the local board can only approve the project with a vote of a majority plus one of all the members of that local board.  If the local board has acted contrary to the recommendations of the county planning board (such contrary actions requires a majority plus one vote), the report must include the reasons for the action. 

Report of final action

The local board is required by NYS General Muncipal Law to file a report of its final action with the county planning board within 30 days of its action.  A “Notice of Final Action” form can be found to the right.