§ 1305 — Formulation, filing and adoption of action plan; amendments

New York § 1305

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11-C: Capital District Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1305. Formulation, filing and adoption of action plan; amendments.\nThe authority shall formulate an action plan for transportation within\nthe district. In formulating such action plan, the authority shall\nconsult and cooperate with the commissioner, the capital district\nregional planning commission and the planning authorities in the area of\nits operations, and shall utilize state, local or regional\ntransportation planning. The authority shall request and use existing\nstudies, plans, surveys, data and other materials completed by or under\ndevelopment by any state agency or municipality or political subdivision\nof the state. The authority shall file copies of such plan with the\ncommissioner, the capital district regional planning commission, the\nlegislatures of the counties of Albany, Schenectady, Rensselaer and\nSaratoga, and with the legislative body of any other county within the\ndistrict affected by such plan, as hereinafter stated, except where\napplications for state or federal aid have been filed for any particular\ntransportation undertaking prior to the enactment of this legislation.\nThe plan shall contain information regarding the transportation system\nthat the authority intends to provide including information regarding\nthe facilities connected therewith, the services the authority\ncontemplates providing and the estimated costs and the proposed method\nof financing. During sixty days after the filing of the action plan with\nthe commissioner, the capital district regional planning commission and\nwith the legislative bodies as aforesaid, said plan shall be available\nfor public inspection at the office or offices of the authority and at\nsuch other places in the areas affected, within the district, as the\nauthority may designate. Not earlier than thirty days after the filing\nof said action plan with the commissioner, the capital district regional\nplanning commission and such legislative bodies, a public hearing on\nsaid plan shall be held by the authority. Notice of such a hearing shall\nbe given to the commissioner, the capital district regional planning\ncommission, and the legislative bodies as aforesaid and by publication\nonce a week for two weeks prior to the said hearing at the time and\nplace fixed by the authority in newspapers of general circulation within\nthe areas affected, to be selected by the authority. The last\npublication date shall not be less than five days before said hearing.\nWithin thirty days following said public hearing, the authority shall\nprovide a transcript of such hearing to the commissioner, the capital\ndistrict regional planning commission and the legislative bodies as\naforesaid, together with any amendments the authority may propose to the\naction plan. The authority shall request approval of the action plan,\nincluding such amendments as the authority may propose, from the\ncommissioner and the aforementioned legislative bodies. Any part of said\nplan which is disapproved by a county because it alters existing\nservices or the financing thereof within said county shall not become\noperative. The commissioner may disapprove any part of said plan if he\nfinds that it conflicts with a state-wide comprehensive master plan for\ntransportation or the capital district transportation plan or, in the\nabsence of such plans, would have an adverse effect upon sound\ntransportation development policy and planning. Any part of such plan so\ndisapproved by the commissioner shall not become operative. Disapproval\nof part or parts of the plan shall not make the entire plan inoperative.\nIf any of such legislative bodies fail to act within sixty days or in\nthe case of the commissioner within ninety days after approval is\nrequested, said failure shall be deemed approval, and the authority may\nadopt the action plan by a majority vote of its membership and may\ninclude changes, if any, recommended by said commissioner, planning\ncommission or said legislative bodies.\n The action plan may be amended from time to time in the same manner\nusing the procedures outlined herein for the original adoption, except\nthat a proposed amendment which is recommended by the legislative body\nor bodies of all the counties affected thereby and approved by the\ncommissioner may be embodied or continued by a majority vote of the\nauthority without additional hearings thereon as required for the\namendments proposed to be made.\n