Planning and Zoning Referrals to the County Planning Board

Under State and County law, municipalities are required to refer certain planning and zoning actions to the Westchester County Planning Board for review. A referral involves the municipality either notifying or sending a copy of an application or proposed action with supporting documentation to the County Planning Board. The Planning Board, with the assistance of Planning Department staff, then conducts a review and prepares a recommendation letter response to the relevant municipality. The County Planning Board's comments and recommendations on municipal referrals are available in monthly summary reports

 

The County Planning Board receives about 700 municipal referrals annually. These range from minor zoning variances for single-family houses to site plans for major shopping centers to new zoning codes and comprehensive plans. Referrals are assessed within the context of the county’s land use planning policy document, Patterns for Westchester and for intermunicipal and countywide concerns including potential impacts on state and county roads, parks and facilities. For more details about the County review process, see the fact sheet below on Municipal Referrals to the Westchester County Planning Board.

 

Spurred by County Executive Andy Spano’s calls to make government work smarter and to reduce burdensome and unnecessary paperwork, the County Planning Board acted in 2003 to cut down on the administrative burden that NYS General Municipal Law (GML) places on municipal boards. The key action taken was to predetermine that entire categories of actions are matters of local concern only. Although GML and the County Administrative Code still require that the County Planning Board be notified of these actions (the County Planning Board cannot change the law), that notification can now be made by e-mail, or fax if e-mail is unavailable. For these “Notification Only” actions, there is no need to forward voluminous application forms, maps and supporting information. The County Planning Board will acknowledge such a submission by e-mail or fax to provide the local board with the necessary record to show compliance with the referral requirements of the law.

 

The two tables below identify the local actions that require County Planning Board notification under the provisions of Section 239 L, M and N of the New York State General Municipal Law and Section 277.61 of the County Administrative Code. The actions listed in TABLE I require the referral of COMPLETE APPLICATIONS. The actions listed in TABLE II require NOTIFICATION ONLY.

Click here to download a PDF form that can be used as a cover letter to the County Planning Board for all application materials required to be sent for actions listed on TABLE I

Click here to download a form (in Word) that can be used to meet the notification requirements for all actions listed on TABLE II.

The County Department of Planning staff is available to answer questions and to tailor special administrative procedures for your community. Our objective is to make this system work efficiently and with sharp focus.

To find out detailed information on specific local development and zoning projects, the individual municipality should be contacted. See community index at www.townlink.com/community_web/

Municipal Referrals to the Westchester County Planning Board

Authority and Purpose.  New York State General Municipal Law and the Westchester County Administrative Code require municipalities to refer specific proposed zoning, subdivision and planning actions to the County Planning Board before making a decision.  The purpose of this requirement, as stated in the County Code, is "to aid in maintaining a high level of effectiveness of municipal action...and [to bring] pertinent inter-community and county-wide considerations to the attention of such municipal agencies."

 Process.  The County Planning Board only responds to submissions that are made by a municipality.  The response is provided directly to the municipality.  The comments included are based on the material that was submitted.  The County Planning Board does not initiate referrals, does not contact applicants and does not hold hearings.  The municipality accepts applications, conducts public hearings and determines compliance with all applicable procedures including SEQR and timeframes.  The decision-making on the referred action is in the hands of the municipality.

1.  COUNTY PLANNING STAFF RECEIVE ZONING, SUBDIVISION AND PLANNING APPLICATIONS THAT ARE REFERRED BY A MUNICIPAL AGENCY TO THE COUNTY PLANNING BOARD.  (Municipalities must provide notice a minimum of 10 calendar days before public hearing.  See table for the list of actions required to be referred.)

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2.  COUNTY PLANNING STAFF REVIEW THE SUBMISSION AND DRAFT RESPONSE COMMENTS TO THE MUNICIPAL AGENCY ON BEHALF OF THE COUNTY PLANNING BOARD.  WHEN APPROPRIATE, THE SUBMISSION IS GIVEN TO OTHER COUNTY STAFF TO REVIEW INCLUDING STAFF OF OTHER COUNTY DEPARTMENTS (i.e. Public Works, Environmental Facilities, Parks, Transportation) AS WELL AS OTHER STAFF IN PLANNING WITH SPECIAL PROFESSIONAL KNOWLEDGE (i.e. wetlands/stormwater, historic preservation, housing).

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3.  THE COUNTY PLANNING BOARD DISCUSSES AND APPROVES THE RESPONSE COMMENTS AT MONTHLY PLANNING BOARD MEETINGS.

Focus of Review.  The County Planning Board focuses the review and advisory comments to the municipal agency on the following :

  • The Patterns for Westchester elements of review - density of development, relationship to surroundings and visual impact.

  • Intermunicipal relationships

  • The themes of advocating smart growth, meetings housing needs and protecting water quality.

  • Consistency with municipal comprehensive plans.

TABLE I
Actions That Require REFERRAL OF COMPLETE APPLICATIONS 
to the Westchester County Planning Board*
Click here to download a PDF form that can be used as a cover letter

Submission should include complete application material as submitted to local board or full text/map of zoning code and comprehensive plan amendments.

TYPE OF PLANNING/ZONING ACTION

LOCATIONAL TRIGGER FOR REFERRAL
COMPREHENSIVE PLAN
Adoption or amendment. Click here to see the status of comprehensive and related plans in Westchester County.		 Affecting land anywhere in municipality
ZONING ORDINANCE OR MAP
  Adoption or amendment		 Affecting land anywhere in municipality
SUBDIVISION PLAT Where new street or drainage line will connect directly into state or county road or county drainage channel
SITE PLAN**
  Proposing 5,000 square feet or more of new or renovated floor area or 10,000 square feet or more of land disturbance.		 Affecting property within 500 feet of:
  • The boundary of a city, town or village;
  • The boundary of an existing or proposed state or county park or any other state/county recreation area;
  • The right-of-way of an existing or proposed state or county road;
  • An existing or proposed county drainage channel line;
  • The boundary of state-or county-owned land on which a public building/institution is located;
  • The boundary of a farm located in an agricultural district
SPECIAL USE PERMIT/
USE VARIANCE
  Changing use classification of property and proposing 5,000 square feet or more of new or renovated floor area or 10,000 square feet or more of land disturbance.		 Affecting land anywhere in municipality
OFFICIAL MAP
  Adoption or amendment		 Affecting streets or drainage lines connecting directly into state or county road or county drainage channel
* This table is provided for convenience. The actual language of statutes involved must be checked to determine which actions to refer.
** Additional requirement of NYS General Municipal Law: notice to be provided 30 prior to agency action.

TABLE II
Actions That Require NOTIFICATION ONLY  to the Westchester County Planning Board*
Click here to download Notification Only form (in Word)

TYPE OF PLANNING/ZONING ACTION
 LOCATIONAL TRIGGER FOR REFERRAL
SITE PLAN**
  Proposing less than 5,000 square feet of new or renovated floor area or less than 10,000 square feet of land disturbance.

(Exception - actions that have been given a Positive Declaration pursuant to SEQR must be referred as complete application)

 Affecting property within 500 feet of:
  • The boundary of a city, town or village;
  • The boundary of an existing or proposed state or county park or any other state/county recreation area;
  • The right-of-way of an existing or proposed state or county road;
  • An existing or proposed county drainage channel line;
  • The boundary of state-or county-owned land on which a public building/institution is located;
  • The boundary of a farm located in an agricultural district
SPECIAL USE PERMIT/
USE VARIANCE
  Changing use classification of property and proposing less than 5,000 square feet of new or renovated floor area or less than 10,000 square feet of land disturbance.

(Exception - actions that have been given a Positive Declaration pursuant to SEQR must be referred as complete application)

 Affecting land anywhere in municipality
ZONING VARIANCE

  • Decreasing front yard setback

  • Decreasing minimum street frontage

  • Decreasing average width

 Affecting property abutting state or county road or park.
* This table is provided for convenience. The actual language of statutes involved must be checked to determine which actions to refer.
** Additional requirement of NYS General Municipal Law: notice to be provided 30 prior to agency action.
Click here to see the status of comprehensive and related plans in Westchester County.

For further information, contact:
 Lukas Herbert, Associate Planner
Westchester County Planning Board
148 Martine Avenue, Room 432
White Plains, NY 10601
(914) 995-2085
 lah5@westchestergov.com

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