NYS Town Law: Article 16 Section 272-A

§ 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.