§ 28-a. City comprehensive plan. 1. Application. This section shall
not apply in a city having a population of more than one million.

2. 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 city government is the authority and responsibility to
undertake city 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 city government of a city
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 city.

(d) The great diversity of resources and conditions that exist within
and among the cities of the state compels the consideration of such
diversity in the development of each city comprehensive plan.

(e) The participation of citizens in an open, responsible and flexible
planning process is essential to the designing of the optimum city
comprehensive plan.

(f) The city comprehensive plan is a means to promote the health,
safety and general welfare of the people of the city and to give due
consideration to the needs of the people of the region of which the city
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.

3. Definitions. As used in this section, the term: (a) "city
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 city.

(b) "land use regulation" means an ordinance or local law enacted by
the city 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
legislative body of the city to prepare a proposed comprehensive plan
and/or an amendment thereto.

4. Content of a city comprehensive plan. The city comprehensive plan
may include the following topics at the level of detail adapted to the
special requirements of the city:

(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 city 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 city.

5. Preparation. The legislative body of the city, or by resolution of
such body, the planning board or a special board, may prepare a proposed
city 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 legislative
body of the city.

6. Referrals. (a) Any proposed comprehensive plan or amendment thereto
that is prepared by the legislative body of the city or a special board
may be referred to the city planning board for review and recommendation
before action by the legislative body of the city.

(b) The legislative body of the city 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 city 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.

7. Public hearings; notice. (a) In the event the legislative body of
the city prepares a proposed city comprehensive plan or amendment
thereto, the legislative body of the city 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 legislative body of the
city shall hold one or more public hearings prior to adoption of such
proposed plan or amendment.

(b) In the event the legislative body of the city 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 legislative body of the city 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 city 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 city clerk and may be made available at any other place, including a
public library.

8. Adoption. The legislative body of the city may adopt by resolution
a city comprehensive plan or any amendment thereto.

9. Environmental review. A city 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 city 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.

10. Agricultural review and coordination. A city comprehensive plan
and any amendments thereto, for a city 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 city 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.

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

12. Effect of adoption of the city comprehensive plan. (a) All city
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 city comprehensive plan adopted pursuant to this
section shall take such plan into consideration.

13. Filing of city comprehensive plan. The adopted city comprehensive
plan and any amendments thereto shall be filed in the office of the city
clerk and a copy thereof shall be filed in the office of the county
planning agency.