Section 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.