§ 272-A — Town comprehensive plan

New York § 272-A

• Jurisdiction: New York
• Law TWN: Town
• Art. 16: Zoning and Planning

Text

§ 272-a. Town comprehensive plan. 1. Legislative findings and intent.\nThe legislature hereby finds and determines 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 town government is the authority and responsibility to\nundertake town 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 town government of a town\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 town.\n (d) The great diversity of resources and conditions that exist within\nand among the towns of the state compels the consideration of such\ndiversity in the development of each town comprehensive plan.\n (e) The participation of citizens in an open, responsible and flexible\nplanning process is essential to the designing of the optimum town\ncomprehensive plan.\n (f) The town comprehensive plan is a means to promote the health,\nsafety and general welfare of the people of the town and to give due\nconsideration to the needs of the people of the region of which the town\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 2. Definitions. As used in this section, the term:\n (a) "town comprehensive plan" means the materials, written and/or\ngraphic, including but not limited to maps, charts, studies,\nresolutions, reports and other descriptive material that identify the\ngoals, objectives, principles, guidelines, policies, standards, devices\nand instruments for the immediate and long-range protection,\nenhancement, growth and development of the town located outside the\nlimits of any incorporated village or city.\n (b) "land use regulation" means an ordinance or local law enacted by\nthe town 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 town\nboard to prepare a proposed comprehensive plan and/or an amendment\nthereto.\n 3. Content of a town comprehensive plan. The town comprehensive plan\nmay include the following topics at the level of detail adapted to the\nspecial requirements of the town:\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 town 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 town.\n 4. Preparation. The town board, or by resolution of such town board,\nthe planning board or a special board, may prepare a proposed town\ncomprehensive plan and amendments thereto. In the event the planning\nboard or special board is directed to prepare a proposed comprehensive\nplan or amendment thereto, such board shall, by resolution, recommend\nsuch proposed plan or amendment to the town board.\n 5. Referrals. (a) Any proposed comprehensive plan or amendment thereto\nthat is prepared by the town board or a special board may be referred to\nthe town planning board for review and recommendation before action by\nthe town board.\n (b) The town board shall, prior to adoption, refer the proposed\ncomprehensive plan or any amendment thereto to the county planning board\nor agency or regional planning council for review and recommendation as\nrequired by section two hundred thirty-nine-m of the general municipal\nlaw. In the event the proposed plan or amendment thereto is prepared by\nthe town planning board or a special board, such board may request\ncomment on such proposed plan or amendment from the county planning\nboard or agency or regional planning council.\n 6. Public hearings; notice. (a) In the event the town board prepares a\nproposed town comprehensive plan or amendment thereto, the town board\nshall hold one or more public hearings and such other meetings as it\ndeems necessary to assure full opportunity for citizen participation in\nthe preparation of such proposed plan or amendment, and in addition, the\ntown board shall hold one or more public hearings prior to adoption of\nsuch proposed plan or amendment.\n (b) In the event the town board has directed the planning board or a\nspecial board to prepare a proposed comprehensive plan or amendment\nthereto, the board preparing the plan 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. The town board shall, within ninety days of\nreceiving the planning board or special board's recommendations on such\nproposed plan or amendment, and prior to adoption of such proposed plan\nor amendment, hold a public hearing on such proposed plan or amendment.\n (c) Notice of a public hearing shall be published in a newspaper of\ngeneral circulation in the town 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 town clerk and may be made available at any other place, including a\npublic library.\n 7. Adoption. The town board may adopt by resolution a town\ncomprehensive plan or any amendment thereto.\n 8. Environmental review. A town 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 town 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 9. Agricultural review and coordination. A town comprehensive plan and\nany amendments thereto, for a town 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 town 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 10. Periodic review. The town board shall provide, as a component of\nsuch proposed comprehensive plan, the maximum intervals at which the\nadopted plan shall be reviewed.\n 11. Effect of adoption of the town comprehensive plan. (a) All town\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 town comprehensive plan adopted pursuant to this\nsection shall take such plan into consideration.\n 12. Filing of town comprehensive plan. The adopted town comprehensive\nplan and any amendments thereto shall be filed in the office of the town\nclerk and a copy thereof shall be filed in the office of the county\nplanning agency.\n