2012 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
7-722 - Village comprehensive plan.


NY Vill L § 7-722 (2012) What's This?
 
    §  7-722  Village  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 village government is the authority and responsibility
  to undertake village 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 village government of a
  village comprehensive plan which  can  be  readily  identified,  and  is
  available  for the public, is in the best interest of the people of each
  village.
    (d) The great diversity of resources and conditions that exist  within
  and  among  the  villages of the state compels the consideration of such
  diversity in the development of each village comprehensive plan.
    (e) The participation of citizens in an open, responsible and flexible
  planning  process  is  essential  to  the  designing  of   the   optimum
  comprehensive plan.
    (f)  The  village comprehensive plan is a means to promote the health,
  safety and general welfare of the people of the village and to give  due
  consideration  to  the  needs  of  the people of the region of which the
  village 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 that status or
  validity of existing master plans,  comprehensive  plans,  or  land  use
  plans.
    2. Definitions. As used in this section, the term:
    (a)  "village  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 village.
    (b) "land use regulation" means an ordinance or local law  enacted  by
  the  village  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
  village board of trustees  to  prepare  a  proposed  comprehensive  plan
  and/or an amendment thereto.
    3.  Content of a village comprehensive plan. The village comprehensive
  plan may include the following topics at the level of detail adapted  to
  the special requirements of the village:
    (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 village 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 village.
    4.  Preparation.  The  village  board of trustees, or by resolution of
  such village board of trustees, the planning board or a  special  board,
  may  prepare  a  proposed  village  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
  village board of trustees.
    5. Referrals. (a) Any proposed comprehensive plan or amendment thereto
  that is prepared by the village board of trustees or a special board may
  be referred to the village planning board for review and  recommendation
  before action by the village board of trustees.
    (b)  The village board of trustees 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 village 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  village  board  of
  trustees  prepares  a  proposed  village comprehensive plan or amendment
  thereto, the village board of trustees 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 village board of
  trustees shall hold one or more public hearings  prior  to  adoption  of
  such proposed plan or amendment.
    (b)  In  the  event  the  village  board  of trustees 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 village board of trustees 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 village 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 village clerk and may  be  made  available  at  any  other
  place, including a public library.
    7.  Adoption.  The village board of trustees may adopt by resolution a
  village comprehensive plan or any amendment thereto.
    8.  Environmental  review.  A  village  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
  village 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 village comprehensive plan
  and any amendments thereto, for a village containing all or part  of  an
  agricultural  district or lands receiving agricultural assessment 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 village 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 village 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 village comprehensive plan. (a) All
  village 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 village comprehensive plan adopted pursuant to this
  section shall take such plan into consideration.
    12.  Filing  of  village  comprehensive  plan.  The  adopted   village
  comprehensive  plan  and  any  amendments  thereto shall be filed in the
  office of the village clerk and a copy thereof shall  be  filed  in  the
  office of the county planning agency.

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