N.Y. GMU Law § 239-D — New York Code / Act GMU / Article 12-B / Section 239-D
County comprehensive plan
Status: in_force

§ 239-d. County comprehensive plan.  1. Content. The county\ncomprehensive plan may include but shall not be limited to the following\ntopics at the level of detail adapted to the special requirements of the\ncounty:\n  (a) General statements of goals, objectives, principles, policies, and\nstandards upon which proposals for the immediate and long-range\nprotection, enhancement, growth and development of the county are based;\n  (b) Consideration of regional needs and the official plans of other\ngovernmental units and agencies within the county;\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 and scenic resources and sensitive\nenvironmental areas;\n  (e) Consideration of population, demographic and socio-economic trends\nand future projections;\n  (f) The location and types of transportation facilities, including the\nreuse of abandoned 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 county 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 county\ncomprehensive plan;\n  (n) All or part of the plan of another public agency;\n  (o) Any and all other items which are consistent with the protection,\nenhancement, orderly growth and development of the county; and\n  (p) Consideration of cumulative impacts of development, and other\nissues which promote compliance with the state environmental quality\nreview act under article eight of the environmental conservation law and\nits implementing regulations.\n  2. Preparation. The county legislative body, or by resolution of such\nbody the planning board or a special board, may prepare a proposed\ncounty comprehensive plan and amendments thereto. In the event the\nplanning board or special board is directed to prepare a proposed\ncomprehensive plan or amendment thereto, such board shall, by\nresolution, recommend such proposed plan or amendment to the county\nlegislative body.\n  3. Environmental review. A county comprehensive plan and any\namendments thereto shall be subject to the provisions of the state\nenvironmental quality review act under article eight of the\nenvironmental conservation law and its implementing regulations. A\ncounty 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 county actions that are in conformance with the thresholds\nestablished for such county actions in the generic environmental impact\nstatements and its findings.\n  4. Agricultural review and coordination. A county comprehensive plan\nand any amendments thereto for a county containing all or part of an\nagricultural district or lands receiving agricultural assessments 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 county 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  5. Referrals. The county legislative body shall, prior to adoption,\nrefer the proposed county comprehensive plan or any amendment thereto to\nthe county and regional planning boards as well as to the legislative\nbodies and to the planning boards of each municipality within the county\nfor review and recommendation.\n  6. Public hearings; notice. (a) Prior to adopting or amending a county\ncomprehensive plan, the county legislative body shall hold one or more\nhearings on such proposed plan or amendments thereto.\n  (b) Where a special board prepares the proposed county comprehensive\nplan the county legislative body shall, within ninety days of receiving\nthe special board's recommendations on such proposed plan or amendment,\nand prior to the adoption of the plan or amendment, hold a public\nhearing on such proposed plan or amendment.\n  (c) Notice of a public hearing shall be published in a newspaper of\ngeneral circulation in the county at least ten calendar days in advance\nof the hearing. Notice shall also be mailed to the chief executive\nofficer and the chairperson of the planning board of each municipality\nat least ten days before such hearing. Representatives of the regional\nor county planning board, the commissioner of transportation or his or\nher representative, county departments, municipalities, citizens and\nother interested parties shall be given the opportunity to be heard.\n  7. Adoption. The county legislative body may adopt by resolution a\ncounty comprehensive plan or any amendment thereto.\n  8. Filing of adopted county comprehensive plan. The adopted county\ncomprehensive plan and any amendments thereto shall be filed in the\noffice of the county clerk or register and a copy thereof filed in the\noffice of the county planning board, with the secretary of state, as\nwell as with the clerk of each municipality within the county.\n  9. Effect of adoption. (a) All county land acquisitions and public\nimprovements, including those identified in the county official map\nadopted or amended pursuant to this article, shall be in accordance with\na county comprehensive plan, if one exists.\n  (b) All plans for capital projects of a municipality or state\ngovernmental agency on land included in the county comprehensive plan\nadopted pursuant to this section shall take such plan into\nconsideration.\n  10. Periodic review. The county legislative body shall provide, as a\ncomponent of such proposed county comprehensive plan, the maximum\nintervals at which the adopted plan shall be reviewed.\n