New York Laws
Article 6 - County Roads
131-J - Development of Highways and Other Improvements in Certain Counties.

§ 131-j. Development of highways and other improvements in certain
counties. 1. The board of supervisors of any county having a population
of more than twelve thousand and adjoining a county having a population
of four hundred thousand or more may appoint seven citizens and resident
taxpayers of said county, who when so appointed shall constitute a board
of commissioners under the name and style of "..........................
county planning and development commission," the name of the county to
be inserted in the blank space. Two of such commissioners first
appointed shall hold office for a term to expire December thirty-first
of the year in which they are appointed; three for a term to expire
December thirty-first of the year next following the year of their
appointment; two for a term to expire December thirty-first of the
second year following the year of their appointment; and thereafter each
commissioner shall hold office for a term of three years, such terms to
expire December thirty-first of the third year. In case any of the
persons so appointed shall not undertake the office of said commission,
or in case of vacancy occasioned by the expiration of term of office or
otherwise, such vacancy shall be filled by a majority vote of the said
board of supervisors, and the persons so appointed shall hold office for
the term of three years from the date of the expiration of the term of
office of the commissioner in whose place he is appointed, except that
when a person is appointed to a vacancy occurring before the term of
office in which the vacancy occurs shall have been completed such person
so appointed shall hold his office for the remainder of the said term
not completed by his predecessor and until another shall be appointed in
his place. No member of said commission shall receive any compensation
for his services as commissioner, but each commissioner shall be
entitled to receive his actual disbursements and expenses in performing
the duties of his office.

Each commissioner shall before entering upon the duties of his office
take and subscribe the oath prescribed by the constitution of the state,
which oath shall be filed in the office of the county clerk. The clerk
of the board of supervisors of the county shall call a meeting of said
commissioners to be held at the court house within ten days after their
appointment for the purpose of organization. Such commissioners shall
thereupon proceed to organize and at such meeting, or at any subsequent
meeting, select a president, vice-president, secretary and treasurer,
who shall, except the secretary, be members of the commission. Such
commission may adopt a seal and a majority of such commissioners shall
constitute a quorum for the transaction of business. The commisison may
employ such counsel as may be necessary and may also employ experts and
other assistants and incur such other expenses as may be found necessary
within the amounts appropriated by the board of supervisors of said
county, and the disbursements and expenses of the commission within the
amounts thus appropriated are hereby declared to be a county charge. The
commission shall keep a record of its proceedings which together with
its approved maps, adopted plans, documents and acts shall be a public
record and be open to public inspection at such times and under such
reasonable regulations as the commission shall determine. The said
commission shall maintain a suitable office where its maps, plans,
papers and records shall be kept. And for the purposes of this act such
commission is empowered to employ and at pleasure discharge such
officers and employees as it may deem necessary and may determine their
duties and fix their compensation, to be paid as other county salaries
are paid, provided, however, that the total of such salaries shall be
within the amount appropriated by the board of supervisors for that
purpose.


3. The commission shall from time to time and at least semi-annually
make a report to the board of supervisors of the work done by it.

4. The commission shall from time to time prepare and submit to the
board of supervisors of the county proposed plans and suggestions for
action by such board of supervisors for the construction of highways
within the county and such plans may show the proposed changes in width
or route of such highways and the location of desirable new trunk line
highways. Such plans shall also show, so far as practicable, the
subdivision of the county into drainage areas and adequate water supply
system and other matters which would tend to improve the sanitary
conditions of the county.

5. The commission shall have the right on behalf of the county to take
in fee or otherwise by gift or devise lands or rights and interest
therein, or to receive by gift, contribution or bequest money or
property to be used for any of the improvements as may be approved by
the board of supervisors as herein provided, all of which gifts, devises
or bequests shall be to and in the name of the county, which is hereby
authorized by and through the commission to accept the same for one or
more of the purposes as in this act provided, or to reject the same.
All such moneys so given or bequeathed shall, unless otherwise provided
by the terms of such gift or bequest, be deposited with the county
treasurer and be subject to the order of the commission as may be
provided by resolution of the board of supervisors.

6. The commission on behalf of the county may and it hereby is
authorized to apply to the proper authorities of the state of New York
for a grant or grants of land under water, adjacent to any uplands now
or hereafter owned by the county and the land board, or other state
officials authorized to make and execute grants of land under water for
and on behalf of the state of New York shall and they hereby are
authorized and directed to release to the county any and all rights of
the state therein, such grants to be subject to such conditions and
restrictions as to it or them shall seem proper, but for a nominal
consideration.

7. The board of supervisors may by resolution passed at any regular,
special or monthly meeting adopt, modify and ratify or reject any plans
or suggestions that may be reported to it by said commission and if and
when so adopted, modified and ratified said board of supervisors may at
the same time estimate the cost of the improvements, or at any one or
more subsequent time or times, and may make additional estimates of the
cost of such improvements to be made as by such plans or suggestions set
forth, and also the expenses of said commission as the board of
supervisors may by resolution from time to time authorize.

8. It shall be the duty of the board of supervisors to cause to be
raised annually in each fiscal year by tax upon the taxable property of
said county in the same manner as other taxes are levied and collected,
a sufficient sum to pay the principal of and interest on any bonds or
notes issued to carry out the provisions of this section. It shall also
be the duty of said board of supervisors in like manner to cause to be
raised annually in each fiscal year a sum sufficient to pay all charges
and expenses legally chargeable against the county for the care,
maintenance and operation of any public improvement created as specified
in this section.

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