N.Y. Village Law § 7-722: Village comprehensive plan

§ 7-722 Village 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 village government is the authority and responsibility

to undertake village 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 village government of a

village comprehensive plan which can be readily identified, and is

available for the public, is in the best interest of the people of each

village.

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

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

diversity in the development of each village comprehensive plan.

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

planning process is essential to the designing of the optimum

comprehensive plan.

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

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

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

village 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 that status or

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

plans.

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

(a) "village 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 village.

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

the village 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

village board of trustees to prepare a proposed comprehensive plan

and/or an amendment thereto.

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

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

the special requirements of the village:

(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 village 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 village.

4. Preparation. The village board of trustees, or by resolution of

such village board of trustees, the planning board or a special board,

may prepare a proposed village 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

village board of trustees.

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

that is prepared by the village board of trustees or a special board may

be referred to the village planning board for review and recommendation

before action by the village board of trustees.

(b) The village board of trustees 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 village 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 village board of

trustees prepares a proposed village comprehensive plan or amendment

thereto, the village board of trustees 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 village board of

trustees shall hold one or more public hearings prior to adoption of

such proposed plan or amendment.

(b) In the event the village board of trustees 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 village board of trustees 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 village 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 village clerk and may be made available at any other

place, including a public library.

7. Adoption. The village board of trustees may adopt by resolution a

village comprehensive plan or any amendment thereto.

8. Environmental review. A village 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

village 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 village comprehensive plan

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

agricultural district or lands receiving agricultural assessment 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 village 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 village 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 village comprehensive plan. (a) All

village 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 village comprehensive plan adopted pursuant to this

section shall take such plan into consideration.

12. Filing of village comprehensive plan. The adopted village

comprehensive plan and any amendments thereto shall be filed in the

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

office of the county planning agency.