N.Y. Town Law § 272-a: Town comprehensive plan

§ 272-a. Town comprehensive plan. 1. 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 town government is the authority and responsibility to

undertake town 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 town government of a town

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 town.

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

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

diversity in the development of each town comprehensive plan.

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

planning process is essential to the designing of the optimum town

comprehensive plan.

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

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

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

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.

2. Definitions. As used in this section, the term:

(a) "town 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 town located outside the

limits of any incorporated village or city.

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

the town 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 town

board to prepare a proposed comprehensive plan and/or an amendment

thereto.

3. Content of a town comprehensive plan. The town comprehensive plan

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

special requirements of the town:

(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 town 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 town.

4. Preparation. The town board, or by resolution of such town board,

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

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 town board.

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

that is prepared by the town board or a special board may be referred to

the town planning board for review and recommendation before action by

the town board.

(b) The town board 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 town 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.

6. Public hearings; notice. (a) In the event the town board prepares a

proposed town comprehensive plan or amendment thereto, the town board

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

town board shall hold one or more public hearings prior to adoption of

such proposed plan or amendment.

(b) In the event the town board 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 town board 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 town 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 town clerk and may be made available at any other place, including a

public library.

7. Adoption. The town board may adopt by resolution a town

comprehensive plan or any amendment thereto.

8. Environmental review. A town 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 town 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.

9. Agricultural review and coordination. A town comprehensive plan and

any amendments thereto, for a town 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 town 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.

10. Periodic review. The town board shall provide, as a component of

such proposed comprehensive plan, the maximum intervals at which the

adopted plan shall be reviewed.

11. Effect of adoption of the town comprehensive plan. (a) All town

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 town comprehensive plan adopted pursuant to this

section shall take such plan into consideration.

12. Filing of town comprehensive plan. The adopted town comprehensive

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

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

planning agency.