§ 28-A — City comprehensive plan

§ 28-a. City comprehensive plan. 1. Application. This section shall\nnot apply in a city having a population of more than one million.\n 2. Legislative findings and intent. The legislature hereby finds and\ndetermines that:\n (a) Significant decisions and actions affecting the immediate and\nlong-range protection, enhancement, growth and development of the state\nand its communities are made by local governments.\n (b) Among the most important powers and duties granted by the\nlegislature to a city government is the authority and responsibility to\nundertake city comprehensive planning and to regulate land use for the\npurpose of protecting the public health, safety and general welfare of\nits citizens.\n (c) The development and enactment by the city government of a city\ncomprehensive plan which can be readily identified, and is available for\nuse by the public, is in the best interest of the people of each city.\n (d) The great diversity of resources and conditions that exist within\nand among the cities of the state compels the consideration of such\ndiversity in the development of each city comprehensive plan.\n (e) The participation of citizens in an open, responsible and flexible\nplanning process is essential to the designing of the optimum city\ncomprehensive plan.\n (f) The city comprehensive plan is a means to promote the health,\nsafety and general welfare of the people of the city and to give due\nconsideration to the needs of the people of the region of which the city\nis a part.\n (g) The comprehensive plan fosters cooperation among governmental\nagencies planning and implementing capital projects and municipalities\nthat may be directly affected thereby.\n (h) It is the intent of the legislature to encourage, but not to\nrequire, the preparation and adoption of a comprehensive plan pursuant\nto this section. Nothing herein shall be deemed to affect the status or\nvalidity of existing master plans, comprehensive plans, or land use\nplans.\n 3. Definitions. As used in this section, the term: (a) "city\ncomprehensive plan" means the materials, written and/or graphic,\nincluding but not limited to maps, charts, studies, resolutions, reports\nand other descriptive material that identify the goals, objectives,\nprinciples, guidelines, policies, standards, devices and instruments for\nthe immediate and long-range protection, enhancement, growth and\ndevelopment of the city.\n (b) "land use regulation" means an ordinance or local law enacted by\nthe city for the regulation of any aspect of land use and community\nresource protection and includes any zoning, subdivision, special use\npermit or site plan regulation or any other regulation which prescribes\nthe appropriate use of property or the scale, location, and intensity of\ndevelopment.\n (c) "special board" means a board consisting of one or more members of\nthe planning board and such other members as are appointed by the\nlegislative body of the city to prepare a proposed comprehensive plan\nand/or an amendment thereto.\n 4. Content of a city comprehensive plan. The city comprehensive plan\nmay include the following topics at the level of detail adapted to the\nspecial requirements of the city:\n (a) General statements of goals, objectives, principles, policies, and\nstandards upon which proposals for the immediate and long-range\nenhancement, growth and development of the city are based.\n (b) Consideration of regional needs and the official plans of other\ngovernment units and agencies within the region.\n (c) The existing and proposed location and intensity of land uses.\n (d) Consideration of agricultural uses, historic and cultural\nresources, coastal and natural resources and sensitive environmental\nareas.\n (e) Consideration of population, demographic and socio-economic trends\nand future projections.\n (f) The location and types of transportation facilities.\n (g) Existing and proposed general location of public and private\nutilities and infrastructure.\n (h) Existing housing resources and future housing needs, including\naffordable housing.\n (i) The present and future general location of educational and\ncultural facilities, historic sites, health facilities and facilities\nfor emergency services.\n (j) Existing and proposed recreation facilities and parkland.\n (k) The present and potential future general location of commercial\nand industrial facilities.\n (l) Specific policies and strategies for improving the local economy\nin coordination with other plan topics.\n (m) Proposed measures, programs, devices, and instruments to implement\nthe goals and objectives of the various topics within the comprehensive\nplan.\n (n) All or part of the plan of another public agency.\n (o) Any and all other items which are consistent with the orderly\ngrowth and development of the city.\n 5. Preparation. The legislative body of the city, or by resolution of\nsuch body, the planning board or a special board, may prepare a proposed\ncity comprehensive plan and amendments thereto. In the event the\nplanning board or special board is directed to prepare a proposed\ncomprehensive plan or amendment thereto, such board shall, by\nresolution, recommend such proposed plan or amendment to the legislative\nbody of the city.\n 6. Referrals. (a) Any proposed comprehensive plan or amendment thereto\nthat is prepared by the legislative body of the city or a special board\nmay be referred to the city planning board for review and recommendation\nbefore action by the legislative body of the city.\n (b) The legislative body of the city shall, prior to adoption, refer\nthe proposed comprehensive plan or any amendment thereto to the county\nplanning board or agency or regional planning council for review and\nrecommendation as required by section two hundred thirty-nine-m of the\ngeneral municipal law. In the event the proposed plan or amendment\nthereto is prepared by the city planning board or a special board, such\nboard may request comment on such proposed plan or amendment from the\ncounty planning board or agency or regional planning council.\n 7. Public hearings; notice. (a) In the event the legislative body of\nthe city prepares a proposed city comprehensive plan or amendment\nthereto, the legislative body of the city shall hold one or more public\nhearings and such other meetings as it deems necessary to assure full\nopportunity for citizen participation in the preparation of such\nproposed plan or amendment, and in addition, the legislative body of the\ncity shall hold one or more public hearings prior to adoption of such\nproposed plan or amendment.\n (b) In the event the legislative body of the city has directed the\nplanning board or a special board to prepare a proposed comprehensive\nplan or amendment thereto, the board preparing the plan shall hold one\nor more public hearings and such other meetings as it deems necessary to\nassure full opportunity for citizen participation in the preparation of\nsuch proposed plan or amendment. The legislative body of the city shall,\nwithin ninety days of receiving the planning board or special board's\nrecommendations on such proposed plan or amendment, and prior to\nadoption of such proposed plan or amendment, hold a public hearing on\nsuch proposed plan or amendment.\n (c) Notice of a public hearing shall be published in a newspaper of\ngeneral circulation in the city at least ten calendar days in advance of\nthe hearing. The proposed comprehensive plan or amendment thereto shall\nbe made available for public review during said period at the office of\nthe city clerk and may be made available at any other place, including a\npublic library.\n 8. Adoption. The legislative body of the city may adopt by resolution\na city comprehensive plan or any amendment thereto.\n 9. Environmental review. A city comprehensive plan, and any amendment\nthereto, is subject to the provisions of the state environmental quality\nreview act under article eight of the environmental conservation law and\nits implementing regulations. A city comprehensive plan may be designed\nto also serve as, or be accompanied by, a generic environmental impact\nstatement pursuant to the state environmental quality review act statute\nand regulations. No further compliance with such law is required for\nsubsequent site specific actions that are in conformance with the\nconditions and thresholds established for such actions in the generic\nenvironmental impact statement and its findings.\n 10. Agricultural review and coordination. A city comprehensive plan\nand any amendments thereto, for a city containing all or part of an\nagricultural district or lands receiving agricultural assessments within\nits jurisdiction, shall continue to be subject to the provisions of\narticle twenty-five-AA of the agriculture and markets law relating to\nthe enactment and administration of local laws, ordinances, rules or\nregulations. A newly adopted or amended city comprehensive plan shall\ntake into consideration applicable county agricultural and farmland\nprotection plans as created under article twenty-five-AAA of the\nagriculture and markets law.\n 11. Periodic review. The legislative body of the city shall provide,\nas a component of such proposed comprehensive plan, the maximum\nintervals at which the adopted plan shall be reviewed.\n 12. Effect of adoption of the city comprehensive plan. (a) All city\nland use regulations must be in accordance with a comprehensive plan\nadopted pursuant to this section.\n (b) All plans for capital projects of another governmental agency on\nland included in the city comprehensive plan adopted pursuant to this\nsection shall take such plan into consideration.\n 13. Filing of city comprehensive plan. The adopted city comprehensive\nplan and any amendments thereto shall be filed in the office of the city\nclerk and a copy thereof shall be filed in the office of the county\nplanning agency.\n