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Landlord Tenant Law Land Use and Planning Litigation

The Comprehensive Plan Requirement

Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?

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Town Law Section 272-a(11) requires that all town land use regulations be in accordance with a comprehensive plan “adopted pursuant to this section.” Village Law section 7-722(11) includes a virtually identical provision for village land use regulations. Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance? In Bovee v. Town of Hadley Planning Board, 160 AD3d 1102, decided in April, the Third Department upheld a site plan review statute, once again calling into question whether the statutory requirement of a “comprehensive plan” has any teeth.

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