N.Y. Public Authorities Law § 1299-ff: Formulation, filing and adoption of master plan; amendments

§ 1299-ff. Formulation, filing and adoption of master plan;

amendments. The authority shall formulate a master plan for

transportation within the district. In formulating such master plan, the

authority shall consult and cooperate with the commissioner of

transportation and planning authorities in the areas of its operations,

and shall utilize state, local or regional transportation planning. The

authority shall request and use existing studies, plans, surveys, data

and other materials completed by or under development by any state

agency or municipality or political subdivision of the state. The

authority shall file copies of such plan with the commissioner of

transportation, the Genesee-Finger Lakes Regional Planning Board, the

city council of the city of Rochester, the legislature of the county of

Monroe, and with the legislative body of any other county, within the

district, affected by such plan, as hereinafter stated, except where

applications for state or federal aid have been filed for any particular

transportation undertaking prior to the enactment of this legislation.

The plan shall contain information regarding the transportation system

that the authority intends to provide including information regarding

the facilities connected therewith, the services the authority

contemplates providing and the estimated costs and the proposed method

of financing. During sixty days after the filing of the master plan with

the commissioner of transportation, in the Office of the Genesee-Finger

Lakes Regional Planning Board and with the legislative bodies as

aforesaid, said plan shall be available for public inspection at the

office or offices of the authority and at such other places in the areas

affected, within the district, as the authority may designate. Not

earlier than thirty days after the filing of said master plan with the

commissioner of transportation, the Genesee-Finger Lakes Regional

Planning Board and such legislative bodies, a public hearing on said

plan shall be held by the authority. Notice of such a hearing shall be

given to the commissioner of transportation, the Genesee-Finger Lakes

Regional Planning Board and the legislative bodies as aforesaid and by

publication once a week for two weeks prior to the said hearing at the

time and place fixed by the authority in newspapers of general

circulation within the areas affected, to be selected by the authority.

The last publication date shall not be less than five days before said

hearing. Within thirty days following said public hearing, the authority

shall provide a transcript of such hearing to the commissioner of

transportation, the Genesee-Finger Lakes Regional Planning Board and the

legislative bodies as aforesaid, together with any amendments the

authority may propose to the master plan. The authority shall request

approval of the master plan, including such amendments as the authority

may propose, from the aforementioned legislative bodies and the

commissioner of transportation. Any part of said plan which is

disapproved by a political subdivision because it alters existing

services or the financing thereof within said political subdivision

shall not become operative. This disapproval of part or parts of the

plan shall not make the entire plan inoperative. Any part of said plan

which is disapproved by the commissioner of transportation because it

conflicts with a state-wide comprehensive master plan for transportation

or the Rochester Metropolitan transportation plan or, in the absence of

such plans, would have an adverse effect upon sound transportation

development policy and planning, shall not become operative. If the said

legislative bodies or said regional planning board fail to act within

said sixty days or in the case of the commissioner of transportation

within ninety days after approval is requested, said failure shall be

deemed approval, and the authority may adopt the master plan by a

majority vote of its membership and may include changes, if any,

recommended by said commissioner of transportation, planning board or

said legislative bodies.

The master plan may be amended from time to time in the same manner

using the procedures outlined herein for the original adoption, except

that proposed changes made by the authority upon recommendations of the

commissioner of transportation, said legislative bodies or the

Genesee-Finger Lakes Regional Planning Board in the first plan may be

embodied or continued by a majority vote of the authority without

additional hearings thereon as required for the amendments proposed to

be made.