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.
Last modified: February 3, 2019