2023 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.