§ 51 — Comprehensive regional planning

New York § 51

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 2-D: Utica Transit Authority

Text

§ 51. Comprehensive regional planning. Project coordination with\ncomprehensive regional planning. Prior to undertaking a municipal\nproject, the Utica transit authority shall comply with the provisions of\nthis section.\n Where a proposed municipal project is to be located in whole or in\npart, within the jurisdiction of a multi-county regional planning board\nwhich has adopted a regional comprehensive plan, the Utica transit\nauthority proposing such project shall submit a description of the\nproject to such regional planning board. Such regional planning board\nshall advise the Utica transit authority within fifteen days of the date\nof such submission as to whether or not the proposed project has a\nsignificant regional impact. If the regional planning board determines\nthat the proposed project does not have a significant regional impact,\nit shall certify that it is not in substantial conflict with the board's\nregional comprehensive plan. If the proposed project is determined to\nhave a significant regional impact, the regional planning board shall\ndetermine, within thirty days from date of the submission of the project\ndescription, whether or not it is in substantial conflict with its\nregional comprehensive plan. In making such determination, the regional\nplanning board may also consider whether the proposed project is\nproperly coordinated with other exisiting or proposed projects within\nthe region. If the regional planning board determines that such project\nmight be in substantial conflict with its regional comprehensive plan,\nthe regional planning board may issue an order to the Utica transit\nauthority directing that such authority not undertake or continue such\nproject for an additional period of forty-five days immediately\nfollowing such thirty day period. During such additional forty-five day\nperiod, the regional planning board shall further review the project and\nshall hold a public hearing concerning such project. On or before the\nconclusion of such forty-five day period and after the public hearing,\nthe regional planning board shall determine whether or not such project\nis in substantial conflict with its regional comprehensive plan, and\nreport its determination to the Utica transit authority sponsoring such\nproject, to the commissioner of transportation, to any other public\nagency having the power of review or approval of such project, and in a\nmanner conducive to the wide dissemination of such determinations, to\nthe public. If the regional planning board determines that the proposed\nproject is in substantial conflict with its regional comprehensive plan,\nthe Utica transit authority shall before undertaking such project state\nin writing to the regional board its reasons for undertaking the project\nnotwithstanding such determination of substantial conflict.\n Regional planning boards may adopt rules and regulations establishing\nstandards and procedures, consistent with this section, for the review\nof projects hereunder, and which may exclude specified kinds of projects\nfrom such review. Such procedures may contain provisions allowing for\ninformal discussion of preliminary and informal plans for a project\nsubject to review and for preliminary approval or recommendations by the\nboard with respect to the project. Before adopting such rules and\nregulations, the regional planning board shall consult with the\ndepartment of state, which may make recommendations concerning such\nstandards and procedures. In the event a proposed project is to be\nlocated, in whole or in part, in an area not within the jurisdiction of\na multi-county regional planning board which has adopted a comprehensive\nregional plan, the functions, powers and duties conferred in this\nsection upon such a regional planning board shall apply to the county\nplanning board or boards of any county wherein such project is to be\nlocated, in whole or in part, if such county planning board has adopted\na comprehensive master plan. In the event there is no such county\nplanning board which had adopted a comprehensive master plan, such\nfunctions, powers and duties may be carried out by the department of\nstate.\n The regional comprehensive plan referred to under this section shall\nembody the policy recommendations of the regional planning board for the\ncomprehensive development of the region, and shall include statements of\npolicies, goals and objectives. Before such regional comprehensive plan\nis adopted by the regional planning board, it shall be certified to by\nthe secretary of state as being adequate for the review purposes of this\nsection. The comprehensive master plan of a county referred to under\nthis section shall embody the same elements as herein prescribed with\nrespect to a regional comprehensive plan, and shall similarly be\ncertified to by the secretary of state.\n