Section 239-D. County comprehensive plan  


Latest version.
  • 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.