N.Y. Executive Law § 28-a: Post disaster recovery planning

§ 28-a. Post disaster recovery planning. 1. Whenever a state disaster

emergency has been declared any county, city, town or village included

in such disaster area shall prepare a local recovery and redevelopment

plan, unless the legislative body of the municipality shall determine

such plan to be unnecessary or impractical. Prior to making such

determination, the municipality shall notify the commission of its

intent to forego preparation and provide an opportunity to comment to

the commission. Within fifteen days after the declaration of a state

disaster, any county, city, town or village included in such disaster

area shall report to the commission whether the preparation of a

recovery and redevelopment plan has been commenced, and if not, the

reasons for not preparing such plan. Within sixty days after the

declaration of a state disaster, the commission shall report to the

governor and the legislature the status of local recovery and

redevelopment plans, including the name of any municipality which has

failed or refused to commence the development of a recovery and

redevelopment plan.

2. The commission shall provide technical assistance in the

development of such plans upon the request of such county, city, town or

village.

3. A local recovery and redevelopment plan shall include, but need not

be limited to: plans for replacement, reconstruction, removal or

relocation of damaged or destroyed facilities; proposed new or amended

regulations such as zoning, subdivision, building or sanitary ordinances

and codes; and plans for economic recovery and community development.

Such plans shall take into account and to the extent practicable

incorporate relevant existing plans and policies and such plans shall

take into account the need to minimize the potential impact of any

future disasters on the community.

4. Proposed plans shall be presented at a public hearing upon five

days notice published in a newspaper of general circulation in the area

affected and transmitted to the radio and television media for

publication and broadcast. Such notice shall state the time and place of

the hearing and indicate where copies of the proposed plan may be

inspected or obtained. Any county, city, town, or village preparing a

recovery and redevelopment plan pursuant to this subdivision may, upon

mutual agreement with any other such county, city, town or village, hold

a joint hearing to consider such recovery and redevelopment plan.

5. Such plans shall be prepared within forty-five days after the

declaration of a state disaster and shall be transmitted to the

commission. The commission shall provide its comments on the plan

within ten days after receiving such plan.

6. A plan shall be adopted by such county, city, town or village

within ten days after receiving the comments of the commission. The

adopted plan may be amended at any time in the same manner as originally

prepared, revised and adopted.

7. The adopted plan shall be the official policy for recovery and

redevelopment within the municipality.

8. Nothing in this section shall preclude any municipality from

applying for or accepting and receiving any federal funds.