§ 7-722 — Village comprehensive plan

§ 7-722 Village comprehensive plan. 1. Legislative findings and\nintent. The 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 village government is the authority and responsibility\nto undertake village comprehensive planning and to regulate land use for\nthe purpose of protecting the public health, safety and general welfare\nof its citizens.\n (c) The development and enactment by the village government of a\nvillage comprehensive plan which can be readily identified, and is\navailable for the public, is in the best interest of the people of each\nvillage.\n (d) The great diversity of resources and conditions that exist within\nand among the villages of the state compels the consideration of such\ndiversity in the development of each village comprehensive plan.\n (e) The participation of citizens in an open, responsible and flexible\nplanning process is essential to the designing of the optimum\ncomprehensive plan.\n (f) The village comprehensive plan is a means to promote the health,\nsafety and general welfare of the people of the village and to give due\nconsideration to the needs of the people of the region of which the\nvillage is 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 that 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) "village 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 village.\n (b) "land use regulation" means an ordinance or local law enacted by\nthe village 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\nvillage board of trustees to prepare a proposed comprehensive plan\nand/or an amendment thereto.\n 3. Content of a village comprehensive plan. The village comprehensive\nplan may include the following topics at the level of detail adapted to\nthe special requirements of the village:\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 village 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 village.\n 4. Preparation. The village board of trustees, or by resolution of\nsuch village board of trustees, the planning board or a special board,\nmay prepare a proposed village comprehensive plan and amendments\nthereto. In the event the planning board or special board is directed to\nprepare a proposed comprehensive plan or amendment thereto, such board\nshall, by resolution, recommend such proposed plan or amendment to the\nvillage board of trustees.\n 5. Referrals. (a) Any proposed comprehensive plan or amendment thereto\nthat is prepared by the village board of trustees or a special board may\nbe referred to the village planning board for review and recommendation\nbefore action by the village board of trustees.\n (b) The village board of trustees shall, prior to adoption, refer the\nproposed 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 village planning board or a special board,\nsuch board may request comment on such proposed plan or amendment from\nthe county planning board or agency or regional planning council.\n 6. Public hearings; notice. (a) In the event the village board of\ntrustees prepares a proposed village comprehensive plan or amendment\nthereto, the village board of trustees 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 village board of\ntrustees shall hold one or more public hearings prior to adoption of\nsuch proposed plan or amendment.\n (b) In the event the village board of trustees 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 village board of trustees 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 village at least ten calendar days in advance\nof the hearing. The proposed comprehensive plan or amendment thereto\nshall be made available for public review during said period at the\noffice of the village clerk and may be made available at any other\nplace, including a public library.\n 7. Adoption. The village board of trustees may adopt by resolution a\nvillage comprehensive plan or any amendment thereto.\n 8. Environmental review. A village comprehensive plan, and any\namendment thereto, is subject to the provisions of the state\nenvironmental quality review act under article eight of the\nenvironmental conservation law and its implementing regulations. A\nvillage comprehensive plan may be designed to also serve as, or be\naccompanied by, a generic environmental impact statement pursuant to the\nstate environmental quality review act statute and regulations. No\nfurther compliance with such law is required for subsequent site\nspecific actions that are in conformance with the conditions and\nthresholds established for such actions in the generic environmental\nimpact statement and its findings.\n 9. Agricultural review and coordination. A village comprehensive plan\nand any amendments thereto, for a village containing all or part of an\nagricultural district or lands receiving agricultural assessment 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 village 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 village board shall provide, as a component\nof such proposed comprehensive plan, the maximum intervals at which the\nadopted plan shall be reviewed.\n 11. Effect of adoption of the village comprehensive plan. (a) All\nvillage land use regulations must be in accordance with a comprehensive\nplan adopted pursuant to this section.\n (b) All plans for capital projects of another governmental agency on\nland included in the village comprehensive plan adopted pursuant to this\nsection shall take such plan into consideration.\n 12. Filing of village comprehensive plan. The adopted village\ncomprehensive plan and any amendments thereto shall be filed in the\noffice of the village clerk and a copy thereof shall be filed in the\noffice of the county planning agency.\n