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This entry was published on 2014-09-22
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SECTION 239-D
County comprehensive plan
General Municipal (GMU) CHAPTER 24, ARTICLE 12-B
§ 239-d. County comprehensive plan. 1. Content. The county
comprehensive plan may include but shall not be limited to the following
topics at the level of detail adapted to the special requirements of the
county:

(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 county are based;

(b) Consideration of regional needs and the official plans of other
governmental units and agencies within the county;

(c) The existing and proposed location and intensity of land uses;

(d) Consideration of agricultural uses, historic and cultural
resources, coastal and natural and scenic 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 county 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 county
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 county; 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 county legislative body, or by resolution of such
body the planning board or a special board, may prepare a proposed
county 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 county
legislative body.

3. Environmental review. A county comprehensive plan and any
amendments thereto shall be subject to the provisions of the state
environmental quality review act under article eight of the
environmental conservation law and its implementing regulations. A
county 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 county actions that are in conformance with the thresholds
established for such county actions in the generic environmental impact
statements and its findings.

4. Agricultural review and coordination. A county comprehensive plan
and any amendments thereto for a county 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 county 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 county legislative body shall, prior to adoption,
refer the proposed county comprehensive plan or any amendment thereto to
the county and regional planning boards as well as to the legislative
bodies and to the planning boards of each municipality within the county
for review and recommendation.

6. Public hearings; notice. (a) Prior to adopting or amending a county
comprehensive plan, the county legislative body shall hold one or more
hearings on such proposed plan or amendments thereto.

(b) Where a special board prepares the proposed county comprehensive
plan the county legislative body shall, within ninety days of receiving
the special board's recommendations on such proposed plan or amendment,
and prior to the adoption of the 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 county 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. Representatives of the regional
or county planning board, the commissioner of transportation or his or
her representative, county departments, municipalities, citizens and
other interested parties shall be given the opportunity to be heard.

7. Adoption. The county legislative body may adopt by resolution a
county comprehensive plan or any amendment thereto.

8. Filing of adopted county comprehensive plan. The adopted county
comprehensive plan and any amendments thereto shall be filed in the
office of the county clerk or register and a copy thereof filed in the
office of the county planning board, with the secretary of state, as
well as with the clerk of each municipality within the county.

9. Effect of adoption. (a) All county land acquisitions and public
improvements, including those identified in the county official map
adopted or amended pursuant to this article, shall be in accordance with
a county comprehensive plan, if one exists.

(b) All plans for capital projects of a municipality or state
governmental agency on land included in the county comprehensive plan
adopted pursuant to this section shall take such plan into
consideration.

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