The Planning Department has a legal obligation to conduct reviews and render advisory opinions on land-use proposals covered under New York State General Municipal Law (GMU) Article 12-B, 239-l, 239-m, 239-n, and 239-nn. Here is the link to these sections: https://www.nysenate.gov/legislation/laws/GMU/A12-B
This guide is for municipal officials who handle applications for use and area variances, site plan review, special use permits, and subdivisions. Officials who work on comprehensive plans, zoning adoption, amendments to zoning maps or zoning ordinances will also benefit from this guide.
The Broome County Department of Planning and Economic Development has prepared this guide to explain to local municipalities and applicants how the 239 Review process works in Broome County.
Section 239 l, m, n and nn of General Municipal Law (commonly called 239 Review) is a State law that requires local municipalities to send certain projects to County planning for review and comment. The intent of the law is to identify actions that might have intermunicipal and countywide impacts.
Certain zoning and land use actions may trigger 239 Review. These are:
You only need to submit these actions to Broome County Planning for 239 Review if they take place within 500 feet of one or more of the following:
The applicant, usually a developer or property owner, submits an application to a municipal board, planner, code officer, town clerk, town engineer, municipal attorney or other staff person. If that staff person determines that the action is subject to 239 Review, they send a copy of the full application to Broome County Planning. This needs to happen before the local board takes final action on the action.
In addition to the 239 Review form, the municipality must submit the following items to County Planning:
Check the Municipal Guide to learn what is required to be submitted based on the action type.
To submit an action for 239 Review, municipal staff completes the 239 Review Fillable Submission Form. The form can be filled out online, downloaded and saved. Please submit the 239 Review Submission Form and full application electronically to assist in speeding up the Department's review process.
Ms. Lora Zier, Senior Planner
Edwin L. Crawford County Office Building, 5th Floor
Binghamton, New York 13902
The municipality may also contact Broome County Planning to confirm whether the proposed action is subject to 239 Review. Contact Lora Zier by e-mail: lora.zier@broomecountyny.gov or telephone: (607) 778-2370.
