Amd §239-d, Gen Muni L; amd §28-a, add Art 3 Art Head, Gen City L; amd §272-a, Town L; amd §7-722, Vil L
Requires municipalities to determine whether it is in the public interest to create a comprehensive plan adapted to the special requirements of the municipality and to determine whether it is in the public interest to update such comprehensive plan at least once every ten years to ensure that such plan addresses housing needs.
STATE OF NEW YORK
________________________________________________________________________
2084
2025-2026 Regular Sessions
IN SENATE
January 15, 2025
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, the general city law, the
town law and the village law, in relation to requiring municipalities
to determine whether it is in the public interest to create and peri-
odically update a comprehensive plan to ensure that it addresses hous-
ing needs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2, 8, 9 and 10 of section 239-d of the general
2 municipal law, as added by chapter 451 of the laws of 1997, are amended
3 to read as follows:
4 2. Preparation. The county legislative body, or by resolution of such
5 body the planning board or a special board, [may] shall determine wheth-
6 er it is in the public interest to prepare a proposed county comprehen-
7 sive plan [and], amendments thereto and updates thereof to ensure that
8 it addresses housing needs. In the event the planning board or special
9 board is directed to prepare a proposed comprehensive plan or amendment
10 thereto or update thereof to ensure that it addresses housing needs,
11 such board shall, by resolution, recommend such proposed plan or amend-
12 ment to the county legislative body.
13 8. Filing of adopted county comprehensive plan. The adopted county
14 comprehensive plan [and], any amendments thereto and all updates thereof
15 shall be filed in the office of the county clerk or register and a copy
16 thereof filed in the office of the county planning board, with the
17 secretary of state, as well as with the clerk of each municipality with-
18 in the county.
19 9. Effect of adoption. (a) All county land acquisitions and public
20 improvements, including those identified in the county official map
21 adopted or amended pursuant to this article, shall be in accordance with
22 a county comprehensive plan[, if one exists].
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00033-01-5
S. 2084 2
1 (b) All plans for capital projects of a municipality or state govern-
2 mental agency on land included in the county comprehensive plan adopted
3 pursuant to this section shall take such plan into consideration.
4 10. Periodic review. The county legislative body shall provide, as a
5 component of such proposed county comprehensive plan, the maximum inter-
6 vals at which the adopted plan shall be reviewed; provided, however,
7 that the county legislature shall determine whether it is in the public
8 interest to update the comprehensive plan at least once in every ten-
9 year period to ensure that it addresses housing needs.
10 § 2. Subdivisions 5, 11 and 13 of section 28-a of the general city
11 law, as added by chapter 418 of the laws of 1995, are amended to read as
12 follows:
13 5. Preparation. The legislative body of the city, or by resolution of
14 such body, the planning board or a special board, [may] shall determine
15 whether it is in the public interest to prepare a proposed city compre-
16 hensive plan [and], amendments thereto and updates thereof to ensure
17 that it addresses housing needs. In the event the planning board or
18 special board is directed to prepare a proposed comprehensive plan or
19 amendment thereto or update thereof to ensure that it addresses housing
20 needs, such board shall, by resolution, recommend such proposed plan or
21 amendment to the legislative body of the city.
22 11. Periodic review. The legislative body of the city shall provide,
23 as a component of such proposed comprehensive plan, the maximum inter-
24 vals at which the adopted plan shall be reviewed; provided, however,
25 that the legislative body of the city shall determine whether it is in
26 the public interest to update the comprehensive plan at least once in
27 every ten-year period to ensure that it addresses housing needs.
28 13. Filing of city comprehensive plan. The adopted city comprehensive
29 plan [and], any amendments thereto and all updates thereof shall be
30 filed in the office of the city clerk and a copy thereof shall be filed
31 in the office of the county planning agency.
32 § 3. Subdivisions 4, 10 and 12 of section 272-a of the town law, as
33 added by chapter 418 of the laws of 1995, are amended to read as
34 follows:
35 4. Preparation. The town board, or by resolution of such town board,
36 the planning board or a special board, [may] shall determine whether it
37 is in the public interest to prepare a proposed town comprehensive plan
38 [and], amendments thereto and updates thereof to ensure that it
39 addresses housing needs. In the event the planning board or special
40 board is directed to prepare a proposed comprehensive plan or amendment
41 thereto or update thereof to ensure that it addresses housing needs,
42 such board shall, by resolution, recommend such proposed plan or amend-
43 ment to the town board.
44 10. Periodic review. The town board shall provide, as a component of
45 such proposed comprehensive plan, the maximum intervals at which the
46 adopted plan shall be reviewed; provided, however, that the town board
47 shall determine whether it is in the public interest to update the
48 comprehensive plan at least once in every ten-year period to ensure that
49 it addresses housing needs.
50 12. Filing of town comprehensive plan. The adopted town comprehensive
51 plan [and], any amendments thereto and all updates thereof shall be
52 filed in the office of the town clerk and a copy thereof shall be filed
53 in the office of the county planning agency.
54 § 4. Subdivisions 4, 10 and 12 of section 7-722 of the village law,
55 as added by chapter 418 of the laws of 1995, are amended to read as
56 follows:
S. 2084 3
1 4. Preparation. The village board of trustees, or by resolution of
2 such village board of trustees, the planning board or a special board,
3 [may] shall determine whether it is in the public interest to prepare a
4 proposed village comprehensive plan [and], amendments thereto and
5 updates thereof to ensure that it addresses housing needs. In the event
6 the planning board or special board is directed to prepare a proposed
7 comprehensive plan or amendment thereto or update thereof to ensure that
8 it addresses housing needs, such board shall, by resolution, recommend
9 such proposed plan or amendment to the village board of trustees.
10 10. Periodic review. The village board shall provide, as a component
11 of such proposed comprehensive plan, the maximum intervals at which the
12 adopted plan shall be reviewed; provided, however, that the village
13 board of trustees shall determine whether it is in the public interest
14 to update the comprehensive plan at least once in every ten-year period
15 to ensure that it addresses housing needs.
16 12. Filing of village comprehensive plan. The adopted village compre-
17 hensive plan [and], any amendments thereto and all updates thereof shall
18 be filed in the office of the village clerk and a copy thereof shall be
19 filed in the office of the county planning agency.
20 § 5. Article 3 of the general city law is amended by adding a new
21 article heading to read as follows:
22 ZONING AND PLANNING
23 § 6. Any municipality that does not have a comprehensive plan for
24 such municipality shall develop one no later than January 1, 2030 if it
25 is determined to be in the public interest. Any municipality that has a
26 comprehensive plan for such municipality that was developed more than
27 ten years prior to the effective date of this act shall revise and
28 update such comprehensive plan to ensure that it addresses housing needs
29 no later than January 1, 2030.
30 § 7. This act shall take effect immediately.
