Imágenes de páginas
PDF
EPUB

11

board of truss ] not be Is which nent siste zoplores et and in so

propere On the trict, en

means

[ocr errors][ocr errors][merged small][ocr errors][merged small]

use

or

means

a

[ocr errors][merged small]

tions.

trict she

2. Authorization and effects. In addition to any other general or special powers vested in a town to prepare a comprehensive plan and enact and administer land use regulations, by local law or ordinance, rule or regulation, each town is hereby authorized to enter into, amend,

cancel
and terminate agreements with any other municipal corporation or cor-
porations to undertake all or a portion of such powers, functions and
duties, 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) "Municipal corporation", means a city, town or village.
(b) "Town comprehensive plan",

the materials, written and/or
graphic, including, but not limited to maps, charts, studies, resolu-
tions, reports and other descriptive material as may be appropriate,
that identify the goals, objectives, principles, guidelines, policies,
standards, devices and instruments for the immediate and long-range
protection, enhancement, growth and development of the town located out-
side the limits

of

any incorporated village and which, among other things, serve as a basis for functional plans, land use regulation, infrastructure development, public and private investment.

(c) "Land use regulation", means an ordinance or local law enacted by a municipal corporation for the regulation of any aspect of land use and community resource

protection and includes any zoning, subdivision or site plan regulation or any other regulations which prescribe the appropriate of property

the scale, location

and

intensity of
development.
(d) "Community resource",

specific public facility, infra-
structure system, or geographic area of special economic development,
environmental, scenic, cultural, historic, recreational, parkland, open
space, natural resource, or other unique significance, located whoily or
partially within the boundaries of one or more given municipal corpora-

(e) "Intermunicipal overlay district", means a special land use dis-
trict which encompasses all or a portion of one or more municipal cor-
porations 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 municipal corporations to contract with each other to undertake
joint, cooperative agreements any municipal corporation 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 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 municipal corporation;

(d) . provide for. a land use administration and enforcement program
which may replace individual land

administration and enforcement
programs,

if

any, the terms and conditions of which shall be set forth in such agreement; and

(e) create 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 nade, 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, including those relating to
the duration, extension or termination of the agreement.

(c) Amending local laws or ordinances. Local laws or ordinances shall
be amended, as appropriate, to reflect the provisions contained in in-
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors][ocr errors]

a

use

[ocr errors]

an

[ocr errors][ocr errors]
[ocr errors]

or

or

such

or

[ocr errors]

of

Spe

or

use

termunicipal 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, any person or persons jointly or severally aggrieved by any act or decision of a planning board, zoning board of appeals 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 town 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

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 this section shall be in addition to existing authority and shall not be deemed or construed as a limitation, diminution derogation of any statutory authority authorizing municipal cooperation.

§ 2. The village law is amended by adding a new section 7-741 to read as follows:

§ 7-741 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 to enter into agreements to undertake comprehensive planning and land use regulation. 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

ef ficient

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. In addition to any other general or special powers vested in a village to prepare comprehensive plan and enact and administer land use regulations, by local law or ordinance, rule or regulation, each village is hereby authorized to enter into, amend, cancel and terminate agreements with any other municipal corporation or corporations to undertake all or a portion of such powers, functions and duties. Su 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) "Municipal corporation", means a city, town or village.

(b) "Village comprehensive plan", means the materials, written and/or graphic, including, but not limited to maps, charts,

studies, resolutions, reports and other descriptive material as may be appropriate, that identify, the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the village and which, among other things, serve as a basis for functional plans, land use regulation, infrastructure development, public and private investment. (0) "Land

use regulation", means an ordinance or local law enacted by, a municipal corporation for the regulation of any aspect of land use and community resource protection and includes any zoning, subdivision, or site plan regulation or any other regulations which prescribe the appropriate

property the scale, location and intensity of development.

(d) "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 municipal corporations.

(e)'"Intermunicipal overlay district", means a special land use district which encompasses all or a portion of one or more municipal cor

a

use

of

or

[ocr errors][merged small][merged small]

а

[ocr errors]
[ocr errors]
[ocr errors]

use

[ocr errors]

an

[merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

porations 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 municipal corporations to contract with each other to undertake joint, cooperative agreements any municipal corporation 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 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 municipal corporation; (d)

provide for a land use administration and enforcement program which may replace individual land

administration and enforcement programs, if any, the terms and conditions of which shall be set forth in such agreement; and

(e) create 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, including those relating to the duration, extension or termination of the agreement.

(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,

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 board. 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 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

any

other law which provides for the undertaking of any land use regụlat'ion 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.

§ 3. The general city law is amended by adding a new section 20-8 to read as follows:

§ 20-&. 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 to enter into agreements to undertake comprehensive planning and land use regulation. 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 ef

of infrastructure and municipal revenues, as well as the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors]

or

[ocr errors][merged small]

a

or

[ocr errors][ocr errors]

ficient

use

[ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors]

among other

use

or

a

[ocr errors][ocr errors]

enhanced protection of community resources, especially where such resources span municipal boundaries.

2. Authorization and effects. 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 municipal corporation or corporations to undertake all or a portion of such powers, functions and duties. 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) "Municipal corporation", means a city, town or village. (b) "Comprehensive plan", means the materials, written and/or graphic, including, but not limited to maps, charts, studies, resolutions, reports and other descriptive material as may be appropriate, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range, protection, enhancement, growth and development of the city and which, things, serve as a basis for functional plans, land use regulation, infrastructure development, public and private investment.

(c) "Land use regulation", means an ordinance or local law enacted by a municipal corporation for the regulation of any aspect of land use and community resource protection and includes any zoning, subdivision, or site plan regulation or any other regulations which prescribe the appropriate

of property the scale, location, and intensity of development.

(d) "Community resource", means 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 municipal corporations.

(e) "Intermunicipal overlay district", means a special land use district which encompasses all or a portion of one or more municipal corporations 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 municipal corporations to contract with each other to undertake joint, cooperative agreements any municipal corporation 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 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 municipal corporation;

(d) provide for 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 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.

(6) 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 in termunicipal agreements established pursuant to the provisions of this section.

[ocr errors]

a

an

[ocr errors]

where su

eral or

or

[ocr errors]

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, 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

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 orderogation of any statutory authority authorizing municipal cooperation.

4. This act shall take effect immediately.

[ocr errors]
[merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small]

CHAPTER 725

[merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors]

AN ACT to amend the social services law, in relation to expanding child

service plans to include the entire family and to redesignate child
service plan as family service plan
Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Section 409-e of the social services law, as added by chapter 611 of the laws of 1979 and subdivision 4 as added by chapter 808 of the laws of 1985, is amended to read as follows:

§ 409-e. [Child] Family service plan. 1. With respect to each child who is identified by a social services district as being considered for placement in foster care as defined in section three hundred ninety-two of this chapter, and each child placed in such care by a social services district, such district, within thirty days from the date of such identification or of such placement, whichever occurs first, shall perform an assessment of the child and his family circumstances, in accordance with such uniform procedures and criteria as the department shall by regulation prescribe. Such assessment shall include the following:

(a) a statement of the specific immediate problems which appear to require some intervention by the social services officials;

(b) a description of the long term family relationships, an assessment of trends in the stability of the family, unit, and of the likelihood that specific preventive services will increase family stabilization sufficiently to prevent placement or to reduce the duration of a sary placement; [and] (c) an

estimate of the time period necessary to ameliorate the conditions leading to a need for placement, and a description of any immediate actions that have been taken or must be taken during or immediately after the conclusion of the assessment; and

(d) where placement in foster care' is determined necessary, the reasonable efforts made to prevent or eliminate the need for placement the reason such efforts were not made, the kind and level of placement and the reasons therefor, whether the child will be placed with the child's siblings and half-siblings and, if not, the reasons therefor and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors]

neces

[ocr errors]

or

« AnteriorContinuar »