N.Y. Public Authorities Law § 1330: Formulation, filing and adoption of action plan; amendments

§ 1330. Formulation, filing and adoption of action plan; amendments.

The authority shall formulate an action plan for transportation within

the district. In formulating such plan, the authority shall consult and

cooperate with the commissioner and the planning authorities in the area

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. The authority shall

file copies of such plan with the commissioner, the central New York

regional planning and development board, the common council of the city

of Syracuse, the county legislature of the county of Onondaga, and with

the legislative body of any other county, within the district, affected

by such plan, as hereinafter stated. 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 action plan with the commissioner, the central

New York regional planning and development board and with the

legislative body or 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 action plan with the commissioner, the central New York regional

planning and development board and such legislative body or bodies, a

public hearing on said plan shall be held by the authority. Notice of

such a hearing shall be given to the commissioner, the central New York

regional planning and development board and the legislative body or

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, the central New York regional planning and

development board and the legislative body or bodies as aforesaid,

together with any amendments the authority may propose to the action

plan. The authority shall request approval of the action plan, including

such amendments as the authority may propose, from the commissioner and

the aforementioned legislative body or bodies. 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. The commissioner may disapprove

any part of said plan if he finds that it conflicts with a state-wide

comprehensive master plan for transportation or the Syracuse

metropolitan transportation study and the Oswego-Fulton area

transportation study or, in the absence of such plans, would have an

adverse effect upon sound transportation development policy and

planning. Any part of such plan so disapproved by the commissioner shall

not become operative. Disapproval of part or parts of the plan shall not

make the entire plan inoperative. If the said legislative body or bodies

fail to act within sixty days or in the case of the commissioner within

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

approval, and the authority may adopt the action plan by a majority vote

of its membership and may include changes, if any, recommended by the

commissioner, said planning board or legislative body or bodies.

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

using the procedures outlined herein for the original adoption, except

that a proposed amendment which is recommended by the legislative body

or bodies affected thereby and approval by the commissioner 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.