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1. What actions are subject to review by the Washington County Planning Board?

As per the New York GML Article 12-B - §239-M, if the real property is located within 500 feet of the following it is subject to review:
-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 25AA of the agricultural and markets law (this shall not apply to area variances)

The following actions are subject to referral if the real property corresponds with the above stated designations:
-Adoption or amendment of a comprehensive plan pursuant to section 272a of the town law, section 7-722 of the village law or section 28a of the general city law
-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 authorizations which a referring body may issue under the provisions of any zoning ordinance or local law

2. What is the County Planning Board looking for in their reviews?

The Washington County Planning Board’s job is to determine if there will be any county-wide or inter-community impacts as a result of the proposed action. This may include, but is not limited to the following:
-Compatibility of adjacent land uses
-Compatibility with existing municipal comprehensive plans
-Effects on community character and appearance
-Impact of any additional traffic
-Impacts on community facilities

3. How do the County Board’s decisions and recommendations affect local decision-making?

The Washington County Planning Board is an advisory board which gives only recommendations regarding county-wide or inter-community impacts on referrals submitted based on New York GML Article 12-B - §239-M. The municipality may act contrary to the County Board’s decisions and recommendations and approve the application. A simple majority vote will approve the application at the local level 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. The municipal board must then adopt a resolution citing the reasons for its decisions.

Note: A super majority vote is a vote of the majority of its members, plus 1 vote.

4. What are the consequences if a referral is not made?

Neglecting to refer a land use action pursuant to New York GML Article 12-B - §239-M 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.

Note: To clarify any of these issues, the municipal board may wish to consult their town or village attorney.