By Edna Sussman

Cross border disagreements between communities, such as the Ikea and Sandford Boulevard situations described here, succeed, and undoubtedly precede, similar battles elsewhere in Westchester. While these examples represent a particular type of development conflict, many different kinds of land use decisions affect our environment across municipal lines. Care must be taken that those decisions be made wisely as our environment is already seriously threatened.

• Westchester is in a non-attainment zone by EPA standards under the Clean Air Act for nitrogen oxide and ozone. Traffic produces these pollutants.
• The development of undeveloped land, which is continuing apace in our Westchester watershed in, increases impervious surfaces and reduces the natural filtration of our drinking water. The DEP has already directed a filtration plant for our Croton Reservoir water.
• Energy production is being deregulated in New York. Indian Point, located in Westchester, is the only nuclear power plant to be rated red by the NRC. The siting of new power plants for this area is under discussion.
• A coherent regional plan and cooperation among municipalities is essential to assuring that development is not only consistent with economic growth but also consistent with environmental preservation. Laudable efforts are now underway to advance this goal. The Municipal Officials Association is working with John Nolon at the Pace Law School Land Use Law Center to develop a mechanism for alternative dispute resolution among conflicting municipalities. Several municipalities are working towards the development of voluntary intermunicipal agreements.

These efforts should be nurtured.

At the same time the governing law with respect to land use planning should be reviewed. The Westchester County Planning Board has less power than the planning boards of other counties throughout the state of New York. In Westchester County a municipality can override disapproval of a referable action by the Planning Board by a simple majority, unlike other counties where a vote of a majority plus one is required.

This difference exists because of a local Westchester administrative code provision enacted in 1961 which is in effect to this day. As a charter county, Westchester has the authority to adopt such laws which were inconsistent with general state laws. Since 1961, New York's General Municipal Law, which governs planning boards, has been amended thirteen times. These changes have increased the powers of county planning boards throughout the state consistent with the needs of a changing society. By contrast, Westchester's governing Administrative Code provision, Section 277.61, has remained unchanged for forty years.

Today actions taken by one municipality are much more likely to have impact on neighboring communities than was the case forty years ago. One of a county planning board's most important land use functions is the review of specified municipal zoning and planning actions for their potential inter-community and county wide impacts. The New York General Municipal Law balances the interests of counties in reviewing and acting upon their views of such impacts against the interests of municipalities. Thus state law permits municipalities to continue to exercise their home rule powers, but in the face of disapproval by the county, such home rule can only be exercised by a supermajority vote.

Regional planning can provide beneficial protection for the environment. Revisiting the powers of our Westchester Planning Board may be a constructive step towards accomplishing this goal. Please write to us if you have any views on this or on any other approach to regional planning at Federated Conservationists of Westchester, E House Pace University School of Law, 78 North Broadway, White Plains New York 10603 or e-mail us at www.fcwc.org

Edna Sussman is the executive director of Federated Conservationists of Westchester County, Inc.