Actions Subject to Referral
The establishment of the UCPB and its authority to review land use actions is found in the recently adopted County Charter, Ulster County Code (UCC) §C-51.
As of January 1, 2009, UCC §C-51 grants the UCPB authority to review land use actions as enumerated under Article 12-B of New York State General Municipal Law (GML). This authority now includes review of subdivisions, per GML 239-n, which were not previously subject to referral. In addition the UCC §C-51 gives the UCPB “...the authority to review, with the right to render advisory reports only, other land use and land subdivision elsewhere in Ulster County in accordance with General Municipal Law Article 12-B.” This extends the UCPB review authority beyond the 500-foot jurisdiction found in GML 239 -m and -n to all locations within Ulster County. In response, the UCPB has developed a two-tiered approach for referrals based on project location either within or outside the 500 foot jurisdiction.
The key sections of Article 12-B of New York State GML cited by the Ulster County Charter that pertain to the referral process are 239 -l, -m, & -n. These sections provide for actions and materials that must be submitted, time frames for review, and the consideration and response of the UCPB. Table 2 provides a summary of the actions subject to referral and the types of response that may be rendered by the UCPB.
Referral Review Considerations
General Municipal Law 239-l “…authorizes the County Planning Board to review proposed actions for inter-community or county-wide considerations...” These considerations are outlined in Table 1 below.
| Table 1: Review Considerations |
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| Table 2: Summary of UCPB Land Use Referral Authority | ||
| Actions Subject to Referral |
In accordance to NYS General Municipal Law Sections 239-m and –n and In accordance to Ulster County Charter Section C-51 A. |
In accordance to Ulster County Charter Section C-51 B. |
| Municipal Comprehensive Plans Zoning Code or Map Enactment or Amendments Site Plan Review Subdivisions Special Permits Area Variances Use Variances Other Special Authorizations |
The UCPB has the authority to render the following recommendations:
Boundary of county or state park or other recreation area* Right-of-Way of county or state road* Right-of-Way of stream or drainage channel owned by the County or within established channel lines; Boundary of county or state owned land on which public buildings or institutions reside* Boundary of a farm operation located in an Agricultural District per Article 25-AA of Ag and Markets Law *Existing or Proposed |
The UCPB has the authority to render the following recommendations: Advisory Opinions Only Outside Five Hundred Feet of GML Designated Boundaries: Same as for GML 239-m and –n |
Next: Referral Exceptions and Referral Submittal Reference Matrix
