2023 New York Laws › GMU - General Municipal › Article 12-B - County Planning Boards and Regional Planning Councils › 239-D - County Comprehensive Plan.

§   239-d.   County  comprehensive  plan.    1.  Content.  The  county
comprehensive plan may include but shall not be limited to the following
topics at the level of detail adapted to the special requirements of the
county:
(a) General statements of goals, objectives, principles, policies, and
standards  upon  which  proposals  for  the  immediate  and   long-range
protection, enhancement, growth and development of the county are based;
(b)  Consideration  of  regional needs and the official plans of other
governmental units and agencies within the county;
(c) The existing and proposed location and intensity of land uses;
(d)  Consideration  of  agricultural  uses,  historic   and   cultural
resources,  coastal  and  natural  and  scenic  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, including the
reuse of abandoned 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 county 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  county
comprehensive plan;
(n) All or part of the plan of another public agency;
(o)  Any and all other items which are consistent with the protection,
enhancement, orderly growth and development of the county; and
(p) Consideration of cumulative  impacts  of  development,  and  other
issues  which  promote  compliance  with the state environmental quality
review act under article eight of the environmental conservation law and
its implementing regulations.
2. Preparation. The county legislative body, or by resolution of  such
body  the  planning  board  or  a  special board, may prepare a proposed
county 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 county
legislative body.
3.  Environmental  review.  A  county  comprehensive  plan   and   any
amendments  thereto  shall  be  subject  to  the provisions of the state
environmental  quality  review  act   under   article   eight   of   the
environmental  conservation  law  and  its  implementing  regulations. A
county 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  county  actions  that  are  in conformance with the thresholds
established for such county actions in the generic environmental  impact
statements and its findings.
4.  Agricultural  review and coordination. A county comprehensive plan
and any amendments thereto for a county 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 county 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.
5. Referrals. The county legislative body shall,  prior  to  adoption,
refer the proposed county comprehensive plan or any amendment thereto to
the  county  and  regional planning boards as well as to the legislative
bodies and to the planning boards of each municipality within the county
for review and recommendation.
6. Public hearings; notice. (a) Prior to adopting or amending a county
comprehensive plan, the county legislative body shall hold one  or  more
hearings on such proposed plan or amendments thereto.
(b)  Where  a special board prepares the proposed county comprehensive
plan the county legislative body shall, within ninety days of  receiving
the  special board's recommendations on such proposed plan or amendment,
and prior to the adoption of  the  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 county at least ten calendar days in  advance
of  the  hearing.  Notice  shall  also  be mailed to the chief executive
officer and the chairperson of the planning board of  each  municipality
at  least  ten days before such hearing. Representatives of the regional
or county planning board, the commissioner of transportation or  his  or
her  representative,  county  departments,  municipalities, citizens and
other interested parties shall be given the opportunity to be heard.
7. Adoption. The county legislative body may  adopt  by  resolution  a
county comprehensive plan or any amendment thereto.
8.  Filing  of  adopted  county comprehensive plan. The adopted county
comprehensive plan and any amendments thereto  shall  be  filed  in  the
office  of  the county clerk or register and a copy thereof filed in the
office of the county planning board, with the  secretary  of  state,  as
well as with the clerk of each municipality within the county.
9.  Effect  of  adoption.  (a) All county land acquisitions and public
improvements, including those identified  in  the  county  official  map
adopted or amended pursuant to this article, shall be in accordance with
a county comprehensive plan, if one exists.
(b)  All  plans  for  capital  projects  of  a  municipality  or state
governmental agency on land included in the  county  comprehensive  plan
adopted   pursuant   to   this   section   shall  take  such  plan  into
consideration.
10. Periodic review. The county legislative body shall provide,  as  a
component  of  such  proposed  county  comprehensive  plan,  the maximum
intervals at which the adopted plan shall be reviewed.