N.Y. General Municipal Law § 239-d: County comprehensive plan

§ 239-d. County comprehensive plan. 1. Content. The county

comprehensive plan may include but shall not be limited to the following

topics at the level of detail adapted to the special requirements of the

county:

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

standards upon which proposals for the immediate and long-range

protection, enhancement, growth and development of the county are based;

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

governmental units and agencies within the county;

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

(d) Consideration of agricultural uses, historic and cultural

resources, coastal and natural and scenic 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, including the

reuse of abandoned 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 county 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 county

comprehensive plan;

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

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

enhancement, orderly growth and development of the county; and

(p) Consideration of cumulative impacts of development, and other

issues which promote compliance with the state environmental quality

review act under article eight of the environmental conservation law and

its implementing regulations.

2. Preparation. The county legislative body, or by resolution of such

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

county 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 county

legislative body.

3. Environmental review. A county comprehensive plan and any

amendments thereto shall be subject to the provisions of the state

environmental quality review act under article eight of the

environmental conservation law and its implementing regulations. A

county 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 county actions that are in conformance with the thresholds

established for such county actions in the generic environmental impact

statements and its findings.

4. Agricultural review and coordination. A county comprehensive plan

and any amendments thereto for a county 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 county 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.

5. Referrals. The county legislative body shall, prior to adoption,

refer the proposed county comprehensive plan or any amendment thereto to

the county and regional planning boards as well as to the legislative

bodies and to the planning boards of each municipality within the county

for review and recommendation.

6. Public hearings; notice. (a) Prior to adopting or amending a county

comprehensive plan, the county legislative body shall hold one or more

hearings on such proposed plan or amendments thereto.

(b) Where a special board prepares the proposed county comprehensive

plan the county legislative body shall, within ninety days of receiving

the special board's recommendations on such proposed plan or amendment,

and prior to the adoption of the 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 county at least ten calendar days in advance

of the hearing. Notice shall also be mailed to the chief executive

officer and the chairperson of the planning board of each municipality

at least ten days before such hearing. Representatives of the regional

or county planning board, the commissioner of transportation or his or

her representative, county departments, municipalities, citizens and

other interested parties shall be given the opportunity to be heard.

7. Adoption. The county legislative body may adopt by resolution a

county comprehensive plan or any amendment thereto.

8. Filing of adopted county comprehensive plan. The adopted county

comprehensive plan and any amendments thereto shall be filed in the

office of the county clerk or register and a copy thereof filed in the

office of the county planning board, with the secretary of state, as

well as with the clerk of each municipality within the county.

9. Effect of adoption. (a) All county land acquisitions and public

improvements, including those identified in the county official map

adopted or amended pursuant to this article, shall be in accordance with

a county comprehensive plan, if one exists.

(b) All plans for capital projects of a municipality or state

governmental agency on land included in the county comprehensive plan

adopted pursuant to this section shall take such plan into

consideration.

10. Periodic review. The county legislative body shall provide, as a

component of such proposed county comprehensive plan, the maximum

intervals at which the adopted plan shall be reviewed.