New York Laws
Article 12-B - County Planning Boards and Regional Planning Councils
239-F - Approval of Building Permits, Curb Cuts, and Subdivision Plats.

(a) Notification. (i) Upon receipt of an application for approval of
a subdivision plat, the clerk of the municipal planning board shall
notify the county planning board and the county superintendent of
highways or commissioner of public works.
(ii) Upon receipt of an application for a building permit the
municipal building inspector or other authorized municipal official
shall notify county officials. The county superintendent of highways or
commissioner of public works shall notify appropriate state or federal
agencies affected. Such state and federal agencies shall have ten
working days in which to file their objections to an application for a
building permit.
(b) Report. (i) The county planning board shall review a subdivision
application insofar as proposed structures or new streets may be related
to any existing or proposed right-of-way or site shown on the county
official map. Within ten working days of receipt of notification of a
subdivision plat application, the county planning board shall report to
the municipality on its approval, disapproval, or approval subject to
stated conditions.
(ii) The county superintendent of highways or commissioner of public
works shall review an application for a building permit insofar as
proposed building, including curb cuts or other means of access, may be
related to any existing or proposed right-of-way or site shown on the
county official map. Within ten working days of receipt of a building
permit application the county superintendent of highways or commissioner
of public works may consult with the county planning board and shall
report to the municipality on his or her approval, disapproval, or
approval subject to stated conditions. If such superintendent or
commissioner fails to make a report within ten working days of such
reference, the county shall forfeit the right to suspend action.
(c) Considerations. In making such report the county planning board
and the county superintendent of highways or commissioner of public
works shall take into consideration the following:
(i) the prospective character of the development;
(ii) any appropriate access standards or non-access or limited access
provisions of state and federal agencies;
(iii) the design and frequency of access;
(iv) the traffic which the development will generate and the effect of
said traffic upon existing or proposed rights-of-way or sites shown on
the county official map;
(v) the effect of this development upon drainage as related to
drainage systems; and
(vi) the extent to which such development may impair the safety and
traffic carrying capacity of existing and proposed rights-of-way
affected.
(d) Approval. (i) A subdivision plat may be approved by the
municipality subject to stated conditions, notwithstanding such county
planning board report, by a two-thirds vote of all the members.
(ii) A building permit shall be issued in accord with and consistent
with such report, provided that the board of appeals or other authorized
board may vary the requirements of the report of the county
superintendent of highways or the commissioner of public works by a
two-thirds vote of all the members. Before issuing such building permit,
a notice of public hearing on such permit shall be published in a
newspaper of general circulation in the municipality at least ten
working days prior to such hearing. Such notice shall be forwarded at
least ten working days in advance by a registered letter to the
superintendent of highways or commissioner of public works, to the clerk
of the county legislative body, and to the county planning board, if
any, and appropriate state and federal agencies affected.