20-G - Intermunicipal cooperation in comprehensive planning and land use regulation.

§ 20-g. Intermunicipal  cooperation in comprehensive planning and land  use regulation. 1. Legislative  intent.  This  section  is  intended  to  illustrate  the  statutory  authority that any municipal corporation has  under article five-G of the general municipal law and place within  land  use  law  express  statutory authority for cities, towns and villages to  enter into agreements to undertake comprehensive planning and  land  use  regulation with each other or one for the other, and to provide that any  city,  town  or village may contract with a county to carry out all or a  portion of the ministerial functions related to the  land  use  of  such  city,  town  or  village as may be agreed upon. By the enactment of this  section the legislature seeks to promote  intergovernmental  cooperation  that  could  result  in  increased  coordination  and  effectiveness  of  comprehensive planning and land use regulation, more  efficient  use  of  infrastructure   and   municipal  revenues,  as  well  as  the  enhanced  protection of community resources, especially where such resources  span  municipal boundaries.    2.  Authorization and effects. (a) In addition to any other general or  special powers vested in a city to  prepare  a  comprehensive  plan  and  enact  and  administer  land use regulations, by local law or ordinance,  rule or regulation, each city is hereby authorized to enter into, amend,  cancel  and  terminate  agreements  with  any  other   municipality   or  municipalities  to  undertake all or a portion of such powers, functions  and duties.    (b) Any one or more municipalities  located  in  a  county  which  has  established  a  county  planning  board,  commission  or  other  agency,  hereinafter  referred  to  as  a  county  planning  agency,  are  hereby  authorized  to  enter  into, amend, cancel and terminate agreements with  such county in order to authorize the county planning agency to  perform  and   carry   out  certain  ministerial  functions  on  behalf  of  such  municipality or municipalities related to land use planning and  zoning.  Such  functions  may  include,  but  are  not  limited  to, acting in an  advisory capacity, assisting in the preparation of  comprehensive  plans  and land use regulations to be adopted and enforced by such municipality  or  municipalities  and  participating in the formation and functions of  individual or joint administrative boards and bodies formed  by  one  or  more municipalities.    (c) Such agreements shall apply only to the performance or exercise of  any  function  or power which each of the municipal corporations has the  authority by any general  or  special  law  to  prescribe,  perform,  or  exercise separately.    3. Definitions. As used herein:    (a) "Municipality", means a city, town or village.    (b)   "Community   resource",   means   a  specific  public  facility,  infrastructure  system,  or  geographic   area   of   special   economic  development,  environmental,  scenic,  cultural, historic, recreational,  parkland, open space, natural resource, or  other  unique  significance,  located  wholly  or partially within the boundaries of one or more given  municipalities.    (c) "Intermunicipal  overlay  district",  means  a  special  land  use  district   which   encompasses   all   or  a  portion  of  one  or  more  municipalities for the purpose of protecting,  enhancing  or  developing  one or more community resources as provided herein.    4.  Intermunicipal agreements. In addition to any other powers granted  to municipalities to  contract  with  each  other  to  undertake  joint,  cooperative agreements any municipality may:    (a)  create a consolidated planning board which may replace individual  planning boards, if any, which consolidated planning  board  shall  have  the powers and duties as shall be determined by such agreement;(b)  create  a  consolidated zoning board of appeals which may replace  individual zoning boards of appeals, if any, which  consolidated  zoning  board of appeals shall have the powers and duties as shall be determined  by such agreement;    (c)  create a comprehensive plan and/or land use regulations which may  be adopted independently by each participating municipality;    (d) provide for a land  use  administration  and  enforcement  program  which  may  replace  individual  land use administration and enforcement  programs, if any, the terms and conditions of which shall be  set  forth  in such agreement; and    (e)  create  an  intermunicipal  overlay  district  for the purpose of  protecting, enhancing or developing community resources  that  encompass  two or more municipalities.    5. Special considerations.  (a) Making joint agreements. Any agreement  made  pursuant  to the provisions of this section may contain provisions  as the parties deem to be appropriate, and including provisions relative  to the items designated in paragraphs a through m inclusive as set forth  in subdivision two of section one  hundred  nineteen-o  of  the  general  municipal law.    (b)  Establishing  the  duration of agreement. Any agreement developed  pursuant to the provisions of this section may  contain  procedures  for  periodic  review of the terms and conditions of the agreement, including  those relating to the duration, extension or termination.    (c) Amending local laws or ordinances. Local laws or ordinances  shall  be  amended,  as  appropriate,  to  reflect  the provisions contained in  intermunicipal agreements established pursuant to the provisions of this  section.    6. Appeal of action  by  aggrieved  party  or  parties.  Any  officer,  department, board or bureau of any municipality with the approval of the  legislative  body,  or  any  person  or  persons  jointly  or  severally  aggrieved by any act or decision of a planning board,  zoning  board  of  appeals or agency created pursuant to the provisions of this section may  bring  a  proceeding  by article seventy-eight of the civil practice law  and rules in a court of record on  the  ground  that  such  decision  is  illegal,  in  whole or in part. Such proceeding must be commenced within  thirty days after the filing of the decision in the office of  the  city  clerk.  Commencement  of  the proceeding shall stay proceedings upon the  decision from which the appeal is taken. All issues  in  any  proceeding  under  this section shall have a preference over all other civil actions  and proceedings.    7. Any agreements made between two or more municipalities pursuant  to  article  five-G  of  the  general  municipal  law or any other law which  provides for the undertaking of any land use regulation or activity on a  joint, cooperative or contract basis, if valid when so made,  shall  not  be invalidated by the provisions of this section.    8.  The  provisions  of  this section shall be in addition to existing  authority and  shall  not  be  deemed  or  construed  as  a  limitation,  diminution   or   derogation  of  any  statutory  authority  authorizing  municipal cooperation.