2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 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.