NY Vill L § 7-722 (2021)
2021 New York Laws VIL - Village Article 7 - Building Zones 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.