N.Y. General City Law § 28-a: City comprehensive plan

§ 28-a. City comprehensive plan. 1. Application. This section shall

not apply in a city having a population of more than one million.

2. Legislative findings and intent. The legislature hereby finds and

determines that:

(a) Significant decisions and actions affecting the immediate and

long-range protection, enhancement, growth and development of the state

and its communities are made by local governments.

(b) Among the most important powers and duties granted by the

legislature to a city government is the authority and responsibility to

undertake city comprehensive planning and to regulate land use for the

purpose of protecting the public health, safety and general welfare of

its citizens.

(c) The development and enactment by the city government of a city

comprehensive plan which can be readily identified, and is available for

use by the public, is in the best interest of the people of each city.

(d) The great diversity of resources and conditions that exist within

and among the cities of the state compels the consideration of such

diversity in the development of each city comprehensive plan.

(e) The participation of citizens in an open, responsible and flexible

planning process is essential to the designing of the optimum city

comprehensive plan.

(f) The city comprehensive plan is a means to promote the health,

safety and general welfare of the people of the city and to give due

consideration to the needs of the people of the region of which the city

is a part.

(g) The comprehensive plan fosters cooperation among governmental

agencies planning and implementing capital projects and municipalities

that may be directly affected thereby.

(h) It is the intent of the legislature to encourage, but not to

require, the preparation and adoption of a comprehensive plan pursuant

to this section. Nothing herein shall be deemed to affect the status or

validity of existing master plans, comprehensive plans, or land use

plans.

3. Definitions. As used in this section, the term: (a) "city

comprehensive plan" means the materials, written and/or graphic,

including but not limited to maps, charts, studies, resolutions, reports

and other descriptive material that identify the goals, objectives,

principles, guidelines, policies, standards, devices and instruments for

the immediate and long-range protection, enhancement, growth and

development of the city.

(b) "land use regulation" means an ordinance or local law enacted by

the city for the regulation of any aspect of land use and community

resource protection and includes any zoning, subdivision, special use

permit or site plan regulation or any other regulation which prescribes

the appropriate use of property or the scale, location, and intensity of

development.

(c) "special board" means a board consisting of one or more members of

the planning board and such other members as are appointed by the

legislative body of the city to prepare a proposed comprehensive plan

and/or an amendment thereto.

4. Content of a city comprehensive plan. The city comprehensive plan

may include the following topics at the level of detail adapted to the

special requirements of the city:

(a) General statements of goals, objectives, principles, policies, and

standards upon which proposals for the immediate and long-range

enhancement, growth and development of the city are based.

(b) Consideration of regional needs and the official plans of other

government units and agencies within the region.

(c) The existing and proposed location and intensity of land uses.

(d) Consideration of agricultural uses, historic and cultural

resources, coastal and natural resources and sensitive environmental

areas.

(e) Consideration of population, demographic and socio-economic trends

and future projections.

(f) The location and types of transportation facilities.

(g) Existing and proposed general location of public and private

utilities and infrastructure.

(h) Existing housing resources and future housing needs, including

affordable housing.

(i) The present and future general location of educational and

cultural facilities, historic sites, health facilities and facilities

for emergency services.

(j) Existing and proposed recreation facilities and parkland.

(k) The present and potential future general location of commercial

and industrial facilities.

(l) Specific policies and strategies for improving the local economy

in coordination with other plan topics.

(m) Proposed measures, programs, devices, and instruments to implement

the goals and objectives of the various topics within the comprehensive

plan.

(n) All or part of the plan of another public agency.

(o) Any and all other items which are consistent with the orderly

growth and development of the city.

5. Preparation. The legislative body of the city, or by resolution of

such body, the planning board or a special board, may prepare a proposed

city comprehensive plan and amendments thereto. In the event the

planning board or special board is directed to prepare a proposed

comprehensive plan or amendment thereto, such board shall, by

resolution, recommend such proposed plan or amendment to the legislative

body of the city.

6. Referrals. (a) Any proposed comprehensive plan or amendment thereto

that is prepared by the legislative body of the city or a special board

may be referred to the city planning board for review and recommendation

before action by the legislative body of the city.

(b) The legislative body of the city shall, prior to adoption, refer

the proposed comprehensive plan or any amendment thereto to the county

planning board or agency or regional planning council for review and

recommendation as required by section two hundred thirty-nine-m of the

general municipal law. In the event the proposed plan or amendment

thereto is prepared by the city planning board or a special board, such

board may request comment on such proposed plan or amendment from the

county planning board or agency or regional planning council.

7. Public hearings; notice. (a) In the event the legislative body of

the city prepares a proposed city comprehensive plan or amendment

thereto, the legislative body of the city shall hold one or more public

hearings and such other meetings as it deems necessary to assure full

opportunity for citizen participation in the preparation of such

proposed plan or amendment, and in addition, the legislative body of the

city shall hold one or more public hearings prior to adoption of such

proposed plan or amendment.

(b) In the event the legislative body of the city has directed the

planning board or a special board to prepare a proposed comprehensive

plan or amendment thereto, the board preparing the plan shall hold one

or more public hearings and such other meetings as it deems necessary to

assure full opportunity for citizen participation in the preparation of

such proposed plan or amendment. The legislative body of the city shall,

within ninety days of receiving the planning board or special board's

recommendations on such proposed plan or amendment, and prior to

adoption of such proposed plan or amendment, hold a public hearing on

such proposed plan or amendment.

(c) Notice of a public hearing shall be published in a newspaper of

general circulation in the city at least ten calendar days in advance of

the hearing. The proposed comprehensive plan or amendment thereto shall

be made available for public review during said period at the office of

the city clerk and may be made available at any other place, including a

public library.

8. Adoption. The legislative body of the city may adopt by resolution

a city comprehensive plan or any amendment thereto.

9. Environmental review. A city comprehensive plan, and any amendment

thereto, is subject to the provisions of the state environmental quality

review act under article eight of the environmental conservation law and

its implementing regulations. A city comprehensive plan may be designed

to also serve as, or be accompanied by, a generic environmental impact

statement pursuant to the state environmental quality review act statute

and regulations. No further compliance with such law is required for

subsequent site specific actions that are in conformance with the

conditions and thresholds established for such actions in the generic

environmental impact statement and its findings.

10. Agricultural review and coordination. A city comprehensive plan

and any amendments thereto, for a city containing all or part of an

agricultural district or lands receiving agricultural assessments within

its jurisdiction, shall continue to be subject to the provisions of

article twenty-five-AA of the agriculture and markets law relating to

the enactment and administration of local laws, ordinances, rules or

regulations. A newly adopted or amended city comprehensive plan shall

take into consideration applicable county agricultural and farmland

protection plans as created under article twenty-five-AAA of the

agriculture and markets law.

11. Periodic review. The legislative body of the city shall provide,

as a component of such proposed comprehensive plan, the maximum

intervals at which the adopted plan shall be reviewed.

12. Effect of adoption of the city comprehensive plan. (a) All city

land use regulations must be in accordance with a comprehensive plan

adopted pursuant to this section.

(b) All plans for capital projects of another governmental agency on

land included in the city comprehensive plan adopted pursuant to this

section shall take such plan into consideration.

13. Filing of city comprehensive plan. The adopted city comprehensive

plan and any amendments thereto shall be filed in the office of the city

clerk and a copy thereof shall be filed in the office of the county

planning agency.