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This entry was published on 2014-09-22
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SECTION 7-722
Village comprehensive plan
Village (VIL) CHAPTER 64, ARTICLE 7
§ 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.