NY Gen City L § 28-A (2021)
2021 New York Laws GCT - General City Article 3 - Enacted Without a Hdg 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.