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Land Development Process & Eligibility for County Permit, License or Approval

What is Executive Order #1-2017?

Rockland County Executive Ed Day issued an Executive Order (EO) that requires land use development projects subject to local board action and seeking a permit, license or other approval from a County agency to first provide a copy of the General Municipal Law (GML) Report associated with the County Planning Department's review of the project. The applicant must also provide the pertinent copy of the minutes or resolution from the municipality's board.

Failure to comply with the requirements of EO #1-2017 will result in the County not issuing permits or approvals for such uses as water and sewer connections, well permits, rooming house permits, drainage permits, road opening permits, issuance of new addresses and others.

What is a GML Report?

NY State GML acknowledges that there are certain planning and zoning actions that may have impact beyond an individual municipality. Article 12B, Section 239 of the NY State GML requires that certain zoning and planning actions be subject to review by county planning agencies and a GML Report of that review be provided to the pertinent parties.

General areas which may be considered in the GML Review include: the compatibility of certain land uses with one another, traffic generation, impact on state and county facilities, protection of community character with regard to predominant land uses, population density and the relation between residential and nonresidential areas, drainage, community facilities, development policies as related to a comprehensive plan and other matters as may relate to the public convenience, to governmental efficiency and the achieving and maintaining of a satisfactory community environment.

Not all actions undertaken within the County are subject to review by County Planning.

What projects must be referred to County Planning for review?

Under GML Section 239-m, adoption or amendment of a comprehensive plan, adoption or amendment of a zoning ordinance or local law, issuance of special permits (or conditional use permits), approval of site plans, granting of use or area variances, change of zone, and subdivisions must be referred to the Commissioner of Planning if it is within 500 feet of any of the following:

  • A municipal boundary (within NYS);
  • A boundary of an existing or proposed state or county park or recreation area, including the Long Path (a regional hiking trail that traverses Rockland County);
  •  The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway (including the Palisades Interstate Parkway and the NYS Thruway);
  •  A right-of-way for any existing or proposed stream or drainage channel owned by the County or for which the County has established channel lines;
  • Or the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.

What are the reporting requirements of NYS GML Section 239 for municipal boards?

Within thirty days after final action, the (town or village) municipal board must file a report of the final action it has taken with the County Planning Department. A municipal board which acts contrary to a recommendation of modification or disapproval of a proposed action must set forth the reasons for the contrary action in such report and deliver the report to the County Planning Commissioner.

What other County Departments or Agencies are involved, and why?

All County Departments or Agencies that issue permits or approvals related to the use of property are subject to the requirements of EO #1-2017. Where the Planning Commissioner has concerns about a project, or the Commissioner's concerns are overridden, it is important that the County Departments that issue permits related to those concerns are aware. The involved Departments/Agencies include the following:

The Center for Environmental Health (Rockland County Health Department - DOH) reviews projects &/or engineering plans for compliance with water supply (public water or private wells), sanitary sewer disposal (connections to the public sewer or septic systems), realty subdivisions, mosquito breeding suppression, food service establishments, children's camps and public swimming pools.

The Rockland Codes Initiative (Rockland County DOH) issues rooming house permits and requires all multiple dwellings with three (3) or more rental units to register with the Multiple Dwelling Rental Registry.

The Rockland County Sewer District No. 1 approves connections to its collections system and ultimately the treatment of sewage at its treatment plants. The District primarily serves the Towns of Ramapo and Clarkstown and several parcels in the Town of Orangetown.

The Rockland County Highway Department issues permits for highway work, utility installations, road openings and curb cuts on approximately 340 lane miles of roadways within the County jurisdiction.

The Rockland County Drainage Agency issues permits for construction activities within 100 feet of County regulated streams as well as reviews and signs subdivision plats prior to filing with the Rockland County Cleric

The Office of Fire & Emergency Services - Enhanced 9-1-1 issues legal addresses for all properties.

The Office of Consumer Protection issues licenses to electrical, home improvement & mechanical contractors which are required for them to do work in Rockland County.

How do municipalities comply with GML Section 239?

The municipality (Planning Board, Town or Village Board and/or Zoning Board of Appeals) must send certain applications to the County Planning Department for review. County Planning issues a GML Report that approves, recommends modifications or disapproves the project. Once the GML Report is received, the municipality may act on the application. If the GML Report recommends modifications or disapproval, a super majority of the Municipal Board, Planning Board or Zoning Board is needed to override the County GML Report. A municipality can accept all comments, or may choose to override some or all of the comments. If it overrides any/all comments, then the reason(s) for each override must be provided in the official resolution.

How do applicants comply with EO #1-2017?

Applicants must submit a completed Planning Information Certification form with supporting documentation (if applicable), including the GML Report and the official Board resolution or report from the pertinent municipality, to any/all County Departments/Agencies for which the project needs an approval, license or permit. In accordance with EO #1-2017, if this form and documentation are not submitted, no County approvals, permits or new 9-1-1 addresses will be issued. The required Planning

Information Certification form is available from the appropriate Permitting Department or Agency. GML Reports may be obtained from the Planning Department's GML Archive.