There shall be a Department of Planning,
headed by a Director of Planning. The County Executive shall appoint
the Director of Planning from among three nominees given him or her
by the Ulster County Planning Board, subject to confirmation by the
Legislature. The Planning Board may nominate only persons possessed
of at least the minimum educational attainments, professional qualifications
and administrative experience set out in New York State law. In the
event that the County Planning Board fails to bring forward to the
County Executive three recommendations for the position within 90
days of the occurrence of a vacancy, the County Executive shall make
the appointment on his or her own initiative, subject to confirmation
by the Legislature. The Director of Planning shall serve at the pleasure
of the County Executive.
Except as may otherwise be provided
in the Charter, the County Director of Planning and Planning Board
shall have all the powers and perform all the duties conferred and/or
imposed in the Charter, state law or the County Administrative Code
upon a county director of planning or a county planning board. The
Director of Planning and/or the County Planning Board shall perform
such other and related duties as required by the County Executive
or County Legislature. These powers shall include, but not be limited
to:
A.
Advising the County Executive, County Legislature,
County departments, and other agencies with respect to any matter
relating to the development or redevelopment of the County on which
an opinion is requested or upon which the Director of Planning deems
it advisable to report;
B.
Preparing and maintaining a Comprehensive Plan and annual planning program for the County as set forth in § C-52 of the Charter and attendant provisions of the Administrative Code;
C.
Assisting in the preparation of a capital
improvement program as may be set forth in the Charter and attendant
provisions of the Administrative Code;
D.
Exercising the powers of review and approval over land use pursuant to § C-51 of the Charter and attendant provisions of the Administrative Code;
E.
Making available, within constraints of available
resources, the professional staff of the Department of Planning for
advice regarding planning to the City of Kingston and the towns and
villages within the County;
F.
Maintaining basic data on the County's population,
land use, housing, environmental status, human and natural resources
and other such matters and performing studies, analysis, plans and
recommendations as may be necessary in the exercise of the powers
and performance of the duties set forth in this article; and
G.
Acting as host board with regard to the Ulster
County Transportation Council.
The Director of Planning shall:
A.
Exercise the duties and responsibilities accorded
him or her under the bylaws adopted by the County Planning Board;
B.
Serve ex officio on the County Environmental
Management Council;
C.
Serve ex officio on the County Agricultural
Farmland Protection Board;
D.
Act as liaison between County agencies and
nonprofit bodies involved in economic and community development for
which the County provides funding; and
E.
Reports. On or before March 1 of each year, the County
Planning Board shall make an annual report to the County Legislature
and County Executive for the immediately preceding calendar year covering
generally the work of the department. The Commissioner or Director
shall make such other reports at such times as may be required by
the County Legislature, County Executive or any other applicable law.
Copies of all reports shall be filed with the Clerk of the County
Legislature and the County Executive.
A.
The Director of Planning shall have the power to appoint
one or more Deputy Directors of Planning, within the limits of appropriations
therefor. Every appointment shall be in writing and filed in the Office
of the County Clerk and the Clerk of the Legislature.
B.
The term of office of any deputy not classified as
competitive in the County's civil service rules, appointed hereunder,
shall coincide with that of the Director of Planning, provided that
such appointment may be revoked at any time by the Director by written
revocation filed with the County Clerk. All positions of Deputy Director
shall be in the exempt class of civil service; or in the alternative,
the deputy may also be an additional title which may be designated
by the Director for a department staff member.
C.
Deputy Directors shall perform such duties pertaining
to the office of the Department of Planning as the Director may direct
and shall act generally for and in such place of the Director and
perform such other and further duties as the Director may assign.
D.
The designation of an order of succession for the
position of Deputy Director shall be filed with the County Clerk and
the Clerk of the County Legislature and may be revoked at any time
by the Director filing a new written designation of order of succession.
A.
There shall be a County Planning Board consisting
of 25 members and associated alternate members. Members and their
alternates shall be appointed by the County Legislature to serve for
four-year terms. The Town Board or Village Board of each town and
village in Ulster County shall recommend for consideration and appointment
by the Legislature one person and one alternate from that town or
village. The City of Kingston shall recommend for consideration and
appointment by the Legislature two persons and two alternates from
that city. The County Commissioner of Finance, the Commissioner of
Public Works, and the Chairman of the Environmental Management Council
shall serve ex officio but shall not have voting rights. Vacancies
occurring other than by expiration of term shall be filled for the
balance of the term remaining in the same manner and by the same appointing
authority as the original appointment. The Chairman of the Planning
Board shall be selected by the Board from among members nominated
by the city, towns, and villages and shall serve a one-year term.
If the number of municipalities in Ulster County is reduced or increased,
the membership of this Board shall be concomitantly reduced or increased,
with members proposed and appointed in the manner described in this
section.
B.
An alternate member shall have the right to
vote only on the occasion of absence, conflict of interest, or required
abstention under law of the member for whom he or she serves as alternate.
C.
Continuation of Board.
(1)
The terms of existing County Planning Board
members shall remain in effect until such time as the member is either
reappointed or the term of the member ends; and
(2)
The term of office of each member of the Ulster
County Planning Board, so appointed, shall be for a period of four
years and the appointment of a successor to any member of the County
Planning Board shall also be for a term of four years, except that
an appointment to fill a vacancy in the office of a member of said
County Planning Board occurring by reason of death, resignation or
other cause shall be made for the unexpired term of said office.
D.
The members of the Planning Board shall receive
no compensation for their services as members thereof but may be reimbursed
for reasonable and necessary expenses incurred in the performance
of their duties within appropriations made available for this purpose.
The Planning Board may adopt, by a majority vote of its total membership,
such additional rules and procedures as are necessary for the efficient
and orderly conduct of its business.
E.
The County Planning Board shall keep minutes of all
meetings, including the date and time of meeting and Board members
in attendance. The original of said minutes shall be filed with the
Clerk of the Legislature as soon as possible, but not to exceed 10
business days after the next regular Board meeting at which the minutes
were reviewed and accepted. The Clerk of the Legislature or his or
her designee shall maintain an official record of the Board's agenda
items. This official record shall include the disposition of each
agenda item, including individual votes of each Board member on each
item.
The Planning Board shall have the following
additional powers and duties:
A.
To consult with and advise the Director of
Planning in the performance of his or her duties.
B.
To review the capital improvement program
prepared by the Department of Planning and guidelines for its preparation;
to make written recommendations to the County Executive and the County
Legislature on all capital projects contained in the program and on
the priority of capital projects in the first year of the program;
and to review and make written recommendations on any capital project
additions to the capital improvement program or capital budget.
C.
To review the Comprehensive Plan and to submit
its recommendations on it to the County Executive and to make recommendations
on any proposed amendments to that plan prior to action being taken
on such amendments by the County government and to review procedural
guidelines for the coordination and preparation of the Comprehensive
Plan and annual planning program.
D.
To conduct studies and review County policies
and standards for inclusion in the Comprehensive Plan and to make
recommendations regarding such policies and standards to the County
Executive and Legislature as it sees fit.
E.
To have all the powers and duties assigned
to a county planning board under Article 12-B of the General Municipal
Law.
A.
Review of land use and subdivisions. Except
as may otherwise be provided in the Charter, the County Planning Board
shall possess, exercise and perform all of the powers, functions and
duties granted to and imposed upon a county planning board under and
pursuant to Article 12-B of General Municipal Law as the same may
be amended from time to time.
B.
Advisory review on land use. The County Planning
Board shall have the power to review, with the right to render advisory
reports only, over land use and land subdivision elsewhere in Ulster
County in accordance with General Municipal Law Article 12-B.
C.
Advisory reviews on actions by County departments
and other County agencies. Before adopting any final plans, policies
or standards on services or capital facilities and before making any
recommendation to the County Legislature on any such plans, policies
or standards, on the acquisition or sale of land, on major changes
in the use of land or on site plans for any County building or buildings,
the respective County department or other County agencies shall refer
such proposals to the Director of Planning for a written report of
his or her recommendations. The Director of Planning shall prepare
and submit his or her recommendation to the respective department
and the County Executive.
A.
Comprehensive Plan required. The County shall
have and maintain an official plan for the comprehensive social, physical,
environmental and economic development of the County, focusing primarily
on the services, functions and responsibilities of County government
with consideration of regional needs and the official plans of other
governmental units and agencies within the County. The contents of
the plan may include but shall not be limited to those areas contained
in Article 12-B of the General Municipal Law, § 239-d. The
County Planning Board shall cause such plan to be developed in conjunction
with the County Executive, who shall submit this plan or any of its
elements or parts for adoption by the County Legislature. The contents
of this plan shall be set forth in the Administrative Code and posted
on the County website. The procedures for the preparation, submission
and adoption of this plan, and/or any amendments to it, shall be in
accordance with General Municipal Law § 239-d.
B.
Intent of Comprehensive Plan. The Comprehensive
Plan is intended to serve as a guide for achieving the broad social,
physical, environmental and economic development objectives of the
County. The plan is intended to give direction to the actions of the
County Legislature, and of all County departments and agencies that
affect the development of the County, and is intended to guide all
official County plans and policies concerning human resources, public
safety services, physical and environmental resources and land use.
Although the authority of the plan over the actions of local governments
and private interests is limited to the authority set forth in General
Municipal Law § 239-d, the plan is intended to serve as
general guide to these actions as they affect the development of the
County. The plan, through its development and continuing amendment,
is intended to serve as a means for reviewing, modifying and integrating
all plans of local governments and private entities.
C.
Adoption. The County legislative body may
adopt by resolution a County Comprehensive Plan or any amendment thereto.
D.
Filing of adopted County Comprehensive Plan.
The adopted County Comprehensive Plan and any amendments thereto shall
be filed in the office of the County Clerk and a copy thereof filed
in the office of the County Planning Board, with the Secretary of
State, as well as with the Clerk of each municipality within the County.
E.
Effect of adoption.
(1)
All County land acquisitions and public improvements,
including those identified in the County Official Map adopted or amended
pursuant to this article, shall be in accordance with a County Comprehensive
Plan, if one exists; and
(2)
All plans for capital projects of a municipality
or state governmental agency on land included in the County Comprehensive
Plan adopted pursuant to this section shall take such plan into consideration.
F.
Periodic review. The County legislative body
shall provide, as a component of such proposed County Comprehensive
Plan, the maximum intervals at which the adopted plan shall be reviewed.
