HomeMy WebLinkAboutResolution - Cornell Fall 2009 City and Regional Planning Class.PDFRESOLUTION NO.
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OF 2009
WHEREAS, the Village of Cayuga Heights recognizes that New York State law requires that any
land use or zoning r"grrlutiott of a village must be in accordance with a written comprehensive
plan; and
WHEREAS, at the present time the Village's comprehensive plan consists of the assemblage of
land use and zoning materials, including maps and meeting minutes, that cunently express the
objectives, principles, policies and standard that the Village has implemented or applied to land
use and zoningdecisions; and
WHEREAS, the Village desires to review such assemblage of materials and develop an updated,
more complete and more forward-looking comprehensive plan in a single written document; and
WHEREAS, the Village Board of Trustees desires to delegate the task of developing the new
comprehensive plan to the Village Planning Board, with assistance and consulting services to be
ptorrld.d through Cornell University's Department of City & Regional Planning; and
WHEREAS, the Village Board of Trustees desires to authorize the Village to engage the
services, as described in these resolutions, to assist the Village Planning Board in development
and preparation of the Village's new comprehensive plan;
NOW, THEREFORE, be it
RESOLVED, that the Village of Cayuga Heights engage and work with Rolf Pendall, of Comell
University,s Department olCity & Regional Planning, and his City & Regional Planning class
for the Fall of 2009, to provide assistance with the {evelopment of the Village's new
comprehensive plan; and
RESOLVED, that the Village of Cayuga Heights engage and work with GeorgeFrunlz of Cornell
University,s Department of City & Regional Planning, and his City & Regional Planning class
for the Spring of 2010, to provide assistance with the development of the Viliage's new
comprehensive plan; and
RESOLVED, that in connection with engaging George Frarftz and his City & Regional Planning
class for the Spring of 2010 in this project, the Village expend an amount not to exceed
$13,500.00 foi the professional services to be rendered in connection with this engagement.
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1. The Con'lprehensive FXan
A function often assigned to a planning board is that of preparing a
conrprehensive plan for tlre community. A municipal comprehensive plan is not law,
in and of itself. lts provisions cannot actually be enfcrced against a fandowndr or
anyone else. But important language in the municipal statutes requires any /and use
regulations or amendnrents adopted afterAugust 2, 1995 to be in accordance with
a written comprehensive plan adopted pursuant to the statute.T Prior to tlrat date,
only zoning had to be in accordance with a ccmprehensive plan, and the plan itself
did not have to be a written docurnent. Land use regulations may be challenged in
court by someone (usually a landowner) seeking a declaratory ruling that a regulation
is 'not in accordance with a comprehensive plan.' lf the municipal planning board
has prepared a good, logicalcomprehensive plan, and has updated it as approprfats,
the plan should be given great weight by the cout1. The true legal significance of a
comprehensive plan is, therefore, found in its relationship wiih the community's land
use regulations.
The nrunicipalstatutes authorize the governing board toadopt acc'mprchensive
plan, but allow the governing board to delegate the job of actually preparing the plan,
either to the pianning board or to a special board, so long as that board has planning
i:oard representation. Preparation of the'plan may also be delegated to planning
staff or a professicrnal planning consultant or firm, in which case thls work woulcj be
over$een by the planning board. The statutes set forth rather detailed substantive
guidelines covering the development of comprehensive plans. They may consist
of written or graphic materials which identiry and define the goals and policies
of a community as they relate to plattning and development, and may outline the
standards by which the community should irnplement those goals and poticies. The
compreheneive plan should serve as a basis for land use regulations, infrastructure
development and "public and -private investment".
The perrnissible content of a conrmunity's comprehensive plan is liniitless, bt-rt
the statutes offer some strong suggestions for what might be incfuded, as $hown
in the inset on the following page, $ounc} like a formidable task? lt can be; yet with
good preparation it doesn't have to be. The development of a well-considered ancl
well-prepared comprehensive plan can be expected ts take at least a year, many
tate-night meetings, a great deal of contribution from a great many people in the
community, and the firm support of municipal officials, lt should start with researclr
leading to an inventory and mapping of data relative to the exisiing character of the
municipality's geography and community, as well as the state of existing infrastructure
(transportation routes and utilities, for exarnple). $ee Chapter I'd, Section B on reading
/ tlirt:rpt<+r 41P ct tho Leruia of 1905 arnerrrle<J Gr:noral City k:w, $20-a,
-l?lwn L.avr, $272-a, Viiiagc Law,57-722
ancl G4nerill iluniciprll L.aw, $l i9-r.r in relafioll lcr 1ie orc:p;rra:ikrn, n(lop.,tion and review of corrrFrelhott*iive pllrils,
.riil.:
'i::i
Pagq l q
HLEMH['{T$ OF A DCIMPRHHEh{$IVF PLAN
A Flan may include:
genera! statements of goal*, objeetives, principles, poiicies ancl standards
in considehtion of:
regionalReeds
agricultural uses
historic and cultural resources
coastal and natural resourges
sensitlve environmental areas
population trends & future projects
transportation faci I ities
utilities and infrastructure
housing resources and needs
educational, cultural, and histcnic f*cilities
health and emergency facilities
park and recreational facilities
cumrnercial and industrial fa*ilitles
plans of other agencies snd ccrnrnuniiies;
strategies for impraving the local eoonomlt
proposals and programs ta implement the conrmu*itt's poiicies
any and alf otlier ralevant issues
maps, plats and plans to see how maps are used. An analysis $hould be made of
regional denrographic and econornic trends and environmental needs affecting
the community, incluciing a review of the plans of adjoinirrg cotntrlurlities and other
agerrcies. A set of community goals ol'objeetives should be developed with the help
of a pubtic opinion survey supplementing direct pubtic input through meetings and
interviews. The plan shr:uid progress toward a picture or vis,on for fuiure growth
and development judge,C most appropriate and reasonable by a consensus of
the commurrity and its officials. Finally, tlie plan should include a set of specific
recornmenrjations intendecl to implemerrt the plan's goals and objectives. For more
inforrnation as vrell as practical advice on how to complete, adopt, implement and
updateplans,see&".F]Momprehen$iV.€.f-lennjog,avai|ablefranrthe
NIew York Planning Federation (see Appendix C).
After a comptehensive plan has been adopted, it shOuld' of course, he
implementecl by uprJating the zoning and subcjivision orclinance$ fCIr consi$tency with
tfre plap. ln adciitionr fftarl)l planning boalrj anci zoning baard of appeals men'lber$ find
it useful to activety consult their comprehensive plans as ihey rbrriew land use and
cJevelopment proPosals.
Some adclitional rroints need mentionitrg'
$ametinres f'lans arc r$t s{ngle volun}es irut an
assemblage of nraterials including maps anci
meeting rninutes. Each planning board member
should have access to the plan and be familiar
with its contents. All plans through time do
become outdated and should be updateci.
State statutes now require that at the time of
adoption the govarning board must set a
periodic review timetable (we suggest at least
every 5 to 1S years). Lastly, rernember that
while plans oorrie in all shapes, *izes and styles
reflecting tl'le unique aspects of *ach
ccmmunity, they shnuld be understancjaf:le and
r:racticai so that the readBr cail appreciate how
rheir iritei'ests role.'i.e ir"r ihe Pia.n's vi*iun'
KFY SENEFI"I'S lf'{ AD#Fr-f$Fi*
A COhSPREI.{f;,NSIVH FI-AF{ :
(1) DEFINES CCIMMUFIITY vtsloiv
WITH SHARED GCIALS &
$TRATEGIE$
{2) pRroRlTtzEs nEcl$loil{s &
INVESTMENT$
(3) PRoVIDH$ LHGAL SEFEiiSE FSfi
LAND USE REGULATIONS &
FRCIGRAM$
{4) TMFROVHS OFPCIRrrJrumE$ FoR
GRANT & LOAN PROGRAhIIS
{5) REQUIRES CONSIDERATION BY
STHER FUSLIC AGfiHCiH$ ACTIVE
u-,t Muf{lclFAUTY
2" A.dvlsery ftoBe'e
A ccnrinon .aclvisory functir:n ausigned to pianning baards is thai of issuing
recotnmell<jations or advice tc other decision-making baards - such as to tlre
governing board on proposed zoning charrges, and to the zoning board of appeals
r:n variance applicationa" Certain gover"nirrg bcarC decisicns including propo'*ed
zonir1g Change$ anrJ cCImprehensive plarr adoption may be referred t* the planning
i:oard. Oiher" matters may be referrecl at ihe discretion of otf-rei' municipal officiais
and boards. Onee estaillisheci, anll planrring board has relatively broacl autharity
to conduct studies 6;n its own irritiative, anrl it is cornmon f<ir sucl'i troards to e":ifer
arjvice Lrn is$u*s rangini.; frorn affordable housing t.leecis or aquifer prate*tion tc
zoning amendment$. Whsther or not adiiicei ie directly requested, pianning hoarcis
slroulcl lvr:ik to cleveriop a trust ancl rapf:ort with the governing board and trlith other
appointed officials aud staff.
l',lo state siatute govern$ such roies crr referlals; the municipality is free to
set its o,rvn prclcedural a.ird substantive guiclelines or tequirements for the p;lartning
hoarcj to folk:w. lt slloirld, l-ro$.rsvsf, be rememb+r"ed tlrat all appiica,tiotrs fcr site plan
or special u*el pern'lit approval, or for ri variance or cubdivislori reviev''r, al'e go\/ernecJ
by *ta'ie time iirriits, ,vvhil# r:iher ciecisiont n'ray at least be poiiii*ally time-sensitive.
$o, if the planning boarrJ is to i$.sue it i'{*r:c}mrnentjaiion on a|ly cf tl^ress t* another
cJ*cision-rnaking bgui"cJ, the recnnrirtetnrJixti*n rnust be rnade beic,r-e that other hcrarcl
is ir;r.tuir'*ri tc nr;rktl its fii'ig.l 'J*E:!sitn'