Friday, April 25, 2014
Intermunicipal Review of Local Land Use Actions
New York State General Municipal Code Sections 239-l and 239-m requires a County Planning Agency to review certain local land use actions when they are within 500 feet of certain boundaries or rights-of-way. The law allows the County to enter into agreements with municipalities exempting certain ones of these actions from review because it is felt that the actions are of local rather than inter-municipal importance.

In Cayuga County the County Planning Agency that reviews 239 referrals is called the 239 l & m Review Committee and consists of the County's Planning Director, Engineer, Health Department Director as well as a designee from the Soil and Water Conservation District and the County Highway Department.

The 239 Review Committee reviews the following actions:

  • adoption or amendment of a zoning law or ordinance
  • issuance of a special permit
  • approval of a site plan
  • granting of a use or area variance
  • subdivision approval

When the action takes place within 500 feet of:

  • the boundary of any village, town or City of Auburn
  • the boundary of any existing or proposed county, state, or federal park or 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 other county, state or federally owned land, held or to be held for governmental use
  • a working farm located within an Agricultural District created under Article 25AA NYS Agriculture and Markets Law

Except the following activities exempted by Memorandum of Understanding between the County Planning Department and all of the County's municipalities:

  • activities that, while within 500 feet of a state or county highway, are on a parcel that does not front on that state or county highway
  • activities that, while within 500 feet of a municipal boundary, would be permitted within the area of the adjoining municipality abutting the parcel where the activity is proposed
  • area variances
  • amendments to a local zoning law or ordinance that are intended to clarify, redefine, expand, or modify words and/or terms that do not alter the dimensional or use standards of the regulation
  • amendments to a local zoning law or ordinance that are intended to address procedural or administrative matters that do not alter the dimensional or use standards of the regulation
  • Amendments to a local zoning law or ordinance that are intended to reduce the type or number of uses permitted within a particular zoning district
  • Amendments to a local zoning law or ordinance that are intended to reduce the intensity and or density of development permitted within a particular zoning district
  • Any activity subject to review by a local agency employing a municipal planner on a full time basis who will advise the referring agency concerning the referred matter
  • Any subdivision of land not required to be submitted to the Cayuga County Health Department for review under the definition of a subdivision set forth in Section 1115 of the Public Health Law of the State of New York.

Forms and Documents

Visit the Cayuga County Department of Planning and Economic Development blog at http://cayugaplanning.wordpress.com.