New York General Municipal Law Section 239-I - Regional comprehensive plans.

239-i. Regional comprehensive plans. 1. Content of a regional comprehensive plan. The regional comprehensive plan may include the following topics of significance at the level of detail adapted to the special requirements of the region:

(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 region 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 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, 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 regional 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 regional 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 region; 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 regional planning council may prepare a proposed regional comprehensive plan and amendments thereto.

3. Environmental review. A regional 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 regional 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.

4. Agricultural review and coordination. A regional comprehensive plan and any amendments thereto, for a region 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 regional 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 regional planning council shall, prior to adoption, refer the proposed regional comprehensive plan or any amendment thereto to the collaborating municipal legislative bodies and planning boards for review and recommendation.

6. Public hearings; notice. (a) In the event the regional planning council prepares a proposed regional comprehensive plan or amendment thereto, the regional planning council shall hold one or more public hearings in each collaborating municipality 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 regional planning council shall hold one or more public hearings in each collaborating municipality prior to adoption of such proposed plan or amendment.

(b) Notice of a public hearing shall be published in a newspaper of general circulation in each collaborating municipality 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. The proposed regional comprehensive plan or amendment thereto shall be made available for public review during said period at the office of the clerk of each collaborating municipality, and may be made available at any other place, including a public library.

7. Adoption. The regional planning council may adopt by resolution a regional comprehensive plan or any amendment thereto.

8. Filing of regional comprehensive plan. The adopted regional comprehensive plan and any amendments thereto shall be filed in the office of the clerk of each collaborating municipality.

9. Effect of adoption of the regional comprehensive plan. All plans for capital projects of another governmental agency on land included in the regional comprehensive plan adopted pursuant to this section shall take such plan into consideration.

10. Periodic review. The regional planning council shall provide, as a component of such proposed regional comprehensive plan, the maximum intervals at which the adopted plan shall be reviewed.


Last modified: February 3, 2019