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Thread: What's required in your comp plan?

  1. #1
    Cyburbian SGB's avatar
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    What's required in your comp plan?

    AIB the Comp Plan Reviews thread.

    In New York State, city, town, village or county comprehensive plans only have one required element: The plan must include a statement on the "the maximum intervals at which the adopted plan shall be reviewed."

    That's it. Nothing more. Nothing less.

    So, what's required in your comprehensive plan?
    All these years the people said he’s actin’ like a kid.
    He did not know he could not fly, so he did.
    - - Guy Clark, "The Cape"

  2. #2
    Cyburbian donk's avatar
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    Here is what we are legally obligated to include in Plans for Towns and Cities. Rural areas and Villages have slightly different requirements and alternative legisltive options.

    23(5) A municipal plan shall contain
    (a) statements of policy with respect to
    (i) the development and use of land in the municipality,
    (ii) the conservation and improvement of the physical environment,
    (iii) the control and abatement of all forms of pollution of the natural environment,
    (iv) the development of communication, utility and transportation systems,
    (v) the reservation and projected use of land for municipal purposes, and
    (vi) the provision of municipal services and facilities, including
    (A) sewage collection, treatment and disposal,
    (B) water supply and distribution,
    (C) garbage disposal,
    (D) educational and cultural institutions,
    (E) recreational facilities, parks, playgrounds and other public open spaces,
    (F) fire and police facilities,
    (G) cemeteries and crematoria,
    (H) urban renewal,
    (I) housing,
    (J) preservation of buildings and sites of historical interest, and
    (K) facilities for the provision of health and social services,
    (vii) the co-ordination of programmes of the council relating to the economic, social and physical development of the municipality, and
    (viii) such matters other than those mentioned in this clause as are, in the opinion of the council, advisable; and
    (b) such proposals as are, in the opinion of the council, advisable for the implementation of policies contained in the plan; and
    (c) subject to subsections (6) and (7), a five-year capital budget for the physical development of the municipality.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

  3. #3
    NIMBY asshatterer Plus Richmond Jake's avatar
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    Here are our requirements from state law:

    It shall be the duty of the planning or planning and zoning commission to conduct a comprehensive planning processdesigned to prepare, implement, and review and update a comprehensive plan, hereafter referred to as the plan. The plan shall include all land within the jurisdiction of the governing board. The plan shall consider previous and
    existing conditions, trends, desirable goals and objectives, or desirable
    future situations for each planning component. The plan with maps, charts, and
    reports shall be based on the following components as they may apply to land
    use regulations and actions unless the plan specifies reasons why a particular
    component is unneeded.
    (a) Property Rights -- An analysis of provisions which may be necessary
    to insure that land use policies, restrictions, conditions and fees do not
    violate private property rights, adversely impact property values or create
    unnecessary technical limitations on the use of property and analysis as
    prescribed under the declarations of purpose in chapter 80, title 67, Idaho
    Code.
    (b) Population -- A population analysis of past, present, and future
    trends in population including such characteristics as total population, age,
    sex, and income.
    (c) School Facilities and Transportation -- An analysis of public school
    capacity and transportation considerations associated with future development.
    (d) Economic Development -- An analysis of the economic base of the area
    including employment, industries, economies, jobs, and income levels.
    (e) Land Use -- An analysis of natural land types, existing land covers
    and uses, and the intrinsic suitability of lands for uses such as agriculture,
    forestry, mineral exploration and extraction, preservation, recreation,
    housing, commerce, industry, and public facilities. A map shall be prepared
    indicating suitable projected land uses for the jurisdiction.
    (f) Natural Resource -- An analysis of the uses of rivers and other
    waters, forests, range, soils, harbors, fisheries, wildlife, minerals, thermal
    waters, beaches, watersheds, and shorelines.
    (g) Hazardous Areas -- An analysis of known hazards as may result from
    susceptibility to surface ruptures from faulting, ground shaking, ground
    failure, landslides or mudslides; avalanche hazards resulting from development
    in the known or probable path of snowslides and avalanches, and floodplain
    hazards.
    (h) Public Services, Facilities, and Utilities -- An analysis showing
    general plans for sewage, drainage, power plant sites, utility transmission
    corridors, water supply, fire stations and fire fighting equipment, health and
    welfare facilities, libraries, solid waste disposal sites, schools, public
    safety facilities and related services. The plan may also show locations of
    civic centers and public buildings.
    (i) Transportation -- An analysis, prepared in coordination with the
    local jurisdiction(s) having authority over the public highways and streets,
    showing the general locations and widths of a system of major traffic
    thoroughfares and other traffic ways, and of streets and the recommended
    treatment thereof. This component may also make recommendations on building
    line setbacks, control of access, street naming and numbering, and a proposed
    system of public or other transit lines and related facilities including
    rights-of-way, terminals, future corridors, viaducts and grade separations.
    The component may also include port, harbor, aviation, and other related
    transportation facilities.
    (j) Recreation -- An analysis showing a system of recreation areas,
    including parks, parkways, trailways, river bank greenbelts, beaches,
    playgrounds, and other recreation areas and programs.
    (k) Special Areas or Sites -- An analysis of areas, sites, or structures
    of historical, archeological, architectural, ecological, wildlife, or scenic
    significance.
    (l) Housing -- An analysis of housing conditions and needs; plans for
    improvement of housing standards; and plans for the provision of safe,
    sanitary, and adequate housing, including the provision for low-cost
    conventional housing, the siting of manufactured housing and mobile homes in
    subdivisions and parks and on individual lots which are sufficient to maintain
    a competitive market for each of those housing types and to address the needs
    of the community.
    (m) Community Design -- An analysis of needs for governing landscaping,
    building design, tree planting, signs, and suggested patterns and standards
    for community design, development, and beautification.
    (n) Implementation -- An analysis to determine actions, programs,
    budgets, ordinances, or other methods including scheduling of public
    expenditures to provide for the timely execution of the various components of
    the plan.
    Nothing herein shall preclude the consideration of additional planning
    components or subject matter.

  4. #4
    Cyburbian nerudite's avatar
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    Any town over 3500 here needs to have a Municipal Development Plan (same as Comprehensive/General Plan in the States).

    According to the Province of Alberta Municipal Development Act, MDPs must address the following:

    (i) the future land use within the municipality,
    (ii) the manner of and the proposals for future development in the municipality,
    (iii) the co-ordination of land use, future growth patterns and other infrastructure with adjacent municipalities if there is no intermunicipal development plan with respect to those matters in those municipalities,
    (iv) the provision of the required transportation systems either generally or specifically within the municipality and in relation to adjacent municipalities, and
    (v) the provision of municipal services and facilities either generally or specifically.

    There are also several issues that we 'may' address... but as for what we 'must' address, it's not a very big list. A lot of cities go beyond the musts in Alberta.

  5. #5
    Member dah's avatar
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    Law concerning Comp. plans in Indiana

    Under Indiana Code 36-7-4-502 a comp plan must contain these elements:
    (1) A statement of objectives for the future development of the jurisdiction.
    (2) A statement of policy for the land use development of the jurisdiction.
    (3) A statement of policy for the development of public ways, public places, public lands, public structures, and public utilities.

    Under Indiana Code 36-7-4-503 a comp plan may contain these additional elements:
    (1) Surveys and studies of current conditions and probable future growth within the jurisdiction and adjoining jurisdictions.
    (2) Maps, plats, charts, and descriptive material presenting basic information, locations, extent, and character of any of the following:
    (A) History, population, and physical site conditions.
    (B) Land use, including the height, area, bulk, location, and use of private and public structures and premises.
    (C) Population densities.
    (D) Community centers and neighborhood units.
    (E) Blighted areas and conservation areas.
    (F) Public ways, including bridges, viaducts, subways, parkways, and other public places.
    (G) Sewers, sanitation, and drainage, including handling, treatment, and disposal of excess drainage waters, sewage, garbage, refuse, and other wastes.
    (H) Air, land, and water pollution.
    (I) Flood control and irrigation.
    (J) Public and private utilities, such as water, light, heat, communication, and other services.
    (K) Transportation, including rail, bus, truck, air and water transport, and their terminal facilities.
    (L) Local mass transit, including taxicabs, buses, and street, elevated, or underground railways.
    (M) Parks and recreation, including parks, playgrounds, reservations, forests, wildlife refuges, and other public places of a recreational nature.
    (N) Public buildings and institutions, including governmental administration and service buildings, hospitals, infirmaries, clinics, penal and correctional institutions, and other civic and social service buildings.
    (O) Education, including location and extent of schools, colleges, and universities.
    (P) Land utilization, including agriculture, forests, and other uses.
    (Q) Conservation of energy, water, soil, and agricultural and mineral resources.
    (R) Any other factors that are a part of the physical, economic, or social situation within the jurisdiction.
    (3) Reports, maps, charts, and recommendations setting forth plans and policies for the development, redevelopment, improvement, extension, and revision of the subjects and physical situations (set out in subdivision (2) of this section) of the jurisdiction so as to substantially accomplish the purposes of this chapter.
    (4) A short and long range development program of public works projects for the purpose of stabilizing industry and employment and for the purpose of eliminating unplanned, unsightly, untimely, and extravagant projects.
    (5) A short and long range capital improvements program of governmental expenditures so that the development policies established in the comprehensive plan can be carried out and kept up-to-date for all separate taxing districts within the jurisdiction to assure efficient and economic use of public funds.
    (6) A short and long range plan for the location, general design, and assignment of priority for construction of thoroughfares in the jurisdiction for the purpose of providing a system of major public ways that allows effective vehicular movement, encourages effective use of land, and makes economic use of public funds.

    I'll go ahead and paste the entire law concerning Comp Plans in Indiana, keep in mind we have 3 types of planning commissions in Indiana. In which any county or city or combo. thereof can adopt
    1) area - includes a county and at least one muncipality (others can join and seperate from this)
    2) advisory - represents only an individual muncipality
    3) metro - unified planning jurisdiction of city and county, can only be done in Vanderburg (Evansville is county seat), Delaware (Muncie is county seat), and Marion counties (indianapolis is county seat).

    Consolidated City - Means Indianapolis only (city and county gov. unified in 1969)

    Here is the entire law for Indiana concerning comp plans:

    IC 36-7-4-501
    Comprehensive plan; requirement; approval; purpose
    A comprehensive plan shall be approved by resolution in accordance with the 500 series for the promotion of public health, safety, morals, convenience, order, or the general welfare and for the sake of efficiency and economy in the process of development. The plan commission shall prepare the comprehensive plan.

    IC 36-7-4-502
    Comprehensive plan; contents
    A comprehensive plan must contain at least the following elements:
    (1) A statement of objectives for the future development of the jurisdiction.
    (2) A statement of policy for the land use development of the jurisdiction.
    (3) A statement of policy for the development of public ways, public places, public lands, public structures, and public utilities.

    IC 36-7-4-503
    Comprehensive plan; additional contents
    A comprehensive plan may, in addition to the elements required by section 502 of this chapter, include the following:
    (1) Surveys and studies of current conditions and probable future growth within the jurisdiction and adjoining jurisdictions.
    (2) Maps, plats, charts, and descriptive material presenting basic information, locations, extent, and character of any of the following:
    (A) History, population, and physical site conditions.
    (B) Land use, including the height, area, bulk, location, and use of private and public structures and premises.
    (C) Population densities.
    (D) Community centers and neighborhood units.
    (E) Blighted areas and conservation areas.
    (F) Public ways, including bridges, viaducts, subways, parkways, and other public places.
    (G) Sewers, sanitation, and drainage, including handling, treatment, and disposal of excess drainage waters, sewage, garbage, refuse, and other wastes.
    (H) Air, land, and water pollution.
    (I) Flood control and irrigation.
    (J) Public and private utilities, such as water, light, heat, communication, and other services.
    (K) Transportation, including rail, bus, truck, air and water transport, and their terminal facilities.
    (L) Local mass transit, including taxicabs, buses, and street, elevated, or underground railways.
    (M) Parks and recreation, including parks, playgrounds, reservations, forests, wildlife refuges, and other public places of a recreational nature.
    (N) Public buildings and institutions, including governmental administration and service buildings, hospitals, infirmaries, clinics, penal and correctional institutions, and other civic and social service buildings.
    (O) Education, including location and extent of schools, colleges, and universities.
    (P) Land utilization, including agriculture, forests, and other uses.
    (Q) Conservation of energy, water, soil, and agricultural and mineral resources.
    (R) Any other factors that are a part of the physical, economic, or social situation within the jurisdiction.
    (3) Reports, maps, charts, and recommendations setting forth plans and policies for the development, redevelopment, improvement, extension, and revision of the subjects and physical situations (set out in subdivision (2) of this section) of the jurisdiction so as to substantially accomplish the purposes of this chapter.
    (4) A short and long range development program of public works projects for the purpose of stabilizing industry and employment and for the purpose of eliminating unplanned, unsightly, untimely, and extravagant projects.
    (5) A short and long range capital improvements program of governmental expenditures so that the development policies established in the comprehensive plan can be carried out and kept up-to-date for all separate taxing districts within the jurisdiction to assure efficient and economic use of public funds.
    (6) A short and long range plan for the location, general design, and assignment of priority for construction of thoroughfares in the jurisdiction for the purpose of providing a system of major public ways that allows effective vehicular movement, encourages effective use of land, and makes economic use of public funds.

    IC 36-7-4-504
    Comprehensive plan; consideration of policy and pattern; validation, continuance, and consolidation of preexisting plans
    (a) After the comprehensive plan is approved for a jurisdiction, each governmental entity within the territorial jurisdiction where the plan is in effect shall give consideration to the general policy and pattern of development set out in the comprehensive plan in the:
    (1) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities;
    (2) authorization, construction, alteration, or abandonment of public ways, public places, public lands, public structures, or public utilities; and
    (3) adoption, amendment, or repeal of zoning ordinances, including zone maps and PUD district ordinances (as defined in section 1503 of this chapter), subdivision control ordinances, historic preservation ordinances, and other land use ordinances.
    (b) A comprehensive plan or master plan adopted or approved under any prior law is validated and continues in effect as the comprehensive plan for the plan commission in existence on September 1, 1986, or any successor plan commission until the plan becomes a part of or is amended or superseded by the comprehensive plan of the latter plan commission. In addition, a thoroughfare plan adopted or approved under any prior law is validated and continues in effect as a part of the comprehensive plan on and after September 1, 1986, until the thoroughfare plan is amended or superseded by changes in the comprehensive plan approved under this chapter.
    (c) AREA. To effect the consolidation of the various plans and ordinances in force in the county and in the participating municipality into 1 comprehensive plan, the area plan commission shall approve the comprehensive plans of the participating municipalities as its first comprehensive plan. The commission shall also recommend under applicable law to the participating legislative bodies, without amendment, the adoption of the zoning, subdivision control, thoroughfare, and other ordinances relating to the jurisdiction of the participating legislative body. If lands within the jurisdiction of the commission are not regulated by zoning ordinances, the commission shall classify those lands as residential or agricultural, until they can conduct such land use studies as are necessary for reclassification and zoning. Because the unification of the planning and zoning function is of an emergency character, the commission and the participating legislative bodies shall initially adopt these preliminary plans and ordinances by simple resolution, to continue in effect until finally adopted in conformity with the area planning law.

    IC 36-7-4-504.5
    Comprehensive plan; township advisory committee
    (a) In preparing or revising a comprehensive plan for a township, the legislative body of the consolidated city shall adopt an ordinance requiring the plan commission to establish an advisory committee of citizens interested in problems of planning and zoning for that township, a majority of whom shall be nominated by the township legislative body.
    (b) An advisory committee created under subsection (a) must include a representative of the affected township legislative body as determined by procedures established in an ordinance adopted by the legislative body of the consolidated city.
    IC 36-7-4-505
    Comprehensive plan; requests for related information
    (a) When the plan commission undertakes the preparation of a comprehensive plan, the commission may request any public or private officials to make available any information, documents, and plans that have been prepared and that provide any information that relates to the comprehensive plan.
    (b) All officials and departments of state government and of the political subdivisions operating within lands under the jurisdiction of the plan commission shall comply with requests under subsection (a).
    (c) All officials of public and private utilities operating within lands under the jurisdiction of the plan commission shall comply with requests under subsection (a) to furnish public information.

    IC 36-7-4-506
    Thoroughfare plans included in comprehensive plans; location, change, vacation, or improvement of thoroughfares
    (a) A thoroughfare plan that is included in the comprehensive plan may determine lines for new, extended, widened, or narrowed public ways in any part of the territory in the jurisdiction.
    (b) The determination of lines for public ways, as provided in subsection (a), does not constitute the opening, establishment, or acceptance of land for public way purposes.
    (c) After a thoroughfare plan has been included in the comprehensive plan, thoroughfares may be located, changed, widened, straightened, or vacated only in the manner indicated by the comprehensive plan.
    (d) After a thoroughfare plan has been included in the comprehensive plan, the plan commission may recommend to the agency responsible for constructing thoroughfares in the jurisdiction the order in which thoroughfare improvements should be made.

    IC 36-7-4-507
    Comprehensive plan; notice and hearings before adoption
    Before the approval of a comprehensive plan, the plan commission must:
    (1) give notice and hold 1 or more public hearings on the plan;
    (2) publish, in accordance with IC 5-3-1, a schedule stating the times and places of the hearing or hearings. The schedule must state the time and place of each hearing, and state where the entire plan is on file and may be examined in its entirety for at least 10 days before the hearing.
    IC 36-7-4-508
    Comprehensive plan; adoption; certification; plan and summary availability for inspection
    (a) After a public hearing or hearings have been held, the plan commission may approve the comprehensive plan.
    (b) ADVISORY, AREA. Upon approval, the plan commission shall certify the comprehensive plan to each participating legislative body.
    (c) The plan commission may approve each segment of the comprehensive plan as it is completed. However, that approval does not preclude future examination and amendment of the comprehensive plan under the 500 series.
    (d) METRO. As used in this subsection, "comprehensive plan" or "plan" includes any segment of a comprehensive plan. Approval of the comprehensive plan by the metropolitan development commission is final. However, the commission may certify the comprehensive plan to the legislative body of each municipality in the county, to the executive of the consolidated city, and to any other governmental entity that the commission wishes. The commission shall make a complete copy of the plan available for inspection in the office of the plan commission. 1 summary of the plan shall be recorded in the county recorder's office. The summary of the plan must identify the following:
    (1) The major components of the plan.
    (2) The geographic area subject to the plan, including the townships or parts of townships that are subject to the plan.
    (3) The date the commission adopted the plan.
    IC 36-7-4-509
    Comprehensive plan; legislative approval, rejection, or amendment
    (a) ADVISORY, AREA. After certification of the comprehensive plan, the legislative body may adopt a resolution approving, rejecting, or amending the plan. Such a resolution requires only a majority vote of the legislative body, and is not subject to approval or veto by the executive of the adopting unit, and the executive is not required to sign it.
    (b) ADVISORY, AREA. The comprehensive plan is not effective for a jurisdiction until it has been approved by a resolution of its legislative body. After approval by resolution of the legislative body of the unit, it is official for each unit that approves it. Upon approval of the comprehensive plan by the legislative body, the clerk of the legislative body shall place 1 copy of the comprehensive plan on file in the office of the county recorder.
    IC 36-7-4-510
    Comprehensive plan; procedure following legislative rejection or amendment
    (a) ADVISORY, AREA. If the legislative body, by resolution, rejects or amends the comprehensive plan, then it shall return the comprehensive plan to the plan commission for its consideration, with a written statement of the reasons for its rejection or amendment.
    (b) ADVISORY, AREA. The commission has 60 days in which to consider the rejection or amendment and to file its report with the legislative body. However, the legislative body may grant the commission an extension of time, of specified duration, in which to file its report. If the commission approves the amendment, the comprehensive plan stands, as amended by the legislative body, as of the date of the filing of the commission's report with the legislative body. If the commission disapproves the rejection or amendment, the action of the legislative body on the original rejection or amendment stands only if confirmed by another resolution of the legislative body.
    (c) ADVISORY, AREA. If the commission does not file a report with the legislative body within the time allotted under subsection (b), the action of the legislative body in rejecting or amending the comprehensive plan becomes final.
    IC 36-7-4-511
    Comprehensive plan; amendment approval; preparation and submission of amendments
    (a) Each amendment to the comprehensive plan must be approved according to the procedure set forth in the 500 series.
    (b) ADVISORY, AREA. If the legislative body wants an amendment, it may direct the plan commission to prepare the amendment and submit it in the same manner as any other amendment to the comprehensive plan. The commission shall prepare and submit the amendment within 60 days after the formal written request by the legislative body. However, the legislative body may grant the commission an extension of time, of specified duration, in which to prepare and submit the amendment.

    IC 36-7-4-512
    Comprehensive plan; capital improvement projects
    METRO. This section applies only to capital improvement projects consisting of real or personal property (or improvements) that have a useful life of more than 1 year and a value of more than $100,000. At least 30 days before a governmental entity within the county:
    (1) undertakes or acquires any such capital improvement project;
    (2) starts the required proceedings to spend money or let contracts for such a project; or
    (3) authorizes the issuance of bonds for the purpose of financing such a project;
    the governmental entity must notify the metropolitan development commission in writing of the location, cost, and nature of the project. The commission may by rule limit the kinds of capital improvement projects that are subject to the notification requirement of this section. The commission may designate an agency responsible for fiscal analyses or control to receive notifications required by this section.

  6. #6

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    If you want to see massive comp plan requirements take a look at California's General Plan Guidelines, they are available on-line at the Governor's Office of Planning and Research. Also take a look at Oregon - the goals which all local plans must address are on-line at the Department of Land Conservation and Development's site. I am so much endorsing these, although the Oregon version has a certain spirit to it, as I suggesting that they give you a thorough list of what people ought to consider addressing in a comp plan.

  7. #7
    Cyburbian SGB's avatar
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    The intent of my original question wasn't so much to hear the full enabling statutes of each state or province.

    What I was really looking for was a comparison to see if any enabling statutes were as weak on the "shalls" as NY state.
    All these years the people said he’s actin’ like a kid.
    He did not know he could not fly, so he did.
    - - Guy Clark, "The Cape"

  8. #8

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    There are many states that don't have a lot of direction, but the only one I can think of that has so little offhand is Wyoming.

  9. #9
    Cyburbian donk's avatar
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    (c) subject to subsections (6) and (7), a five-year capital budget for the physical development of the municipality.

    SGB, In response to your recent post, I'll add a comment related to this section. In our current document we had a real number for year one and $1 a year for each subsequent year. The province approved it.

    Now there is planning.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

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