N.Y. Transportation Law § 51: Comprehensive regional planning

§ 51. Comprehensive regional planning. Project coordination with

comprehensive regional planning. Prior to undertaking a municipal

project, the Utica transit authority shall comply with the provisions of

this section.

Where a proposed municipal project is to be located in whole or in

part, within the jurisdiction of a multi-county regional planning board

which has adopted a regional comprehensive plan, the Utica transit

authority proposing such project shall submit a description of the

project to such regional planning board. Such regional planning board

shall advise the Utica transit authority within fifteen days of the date

of such submission as to whether or not the proposed project has a

significant regional impact. If the regional planning board determines

that the proposed project does not have a significant regional impact,

it shall certify that it is not in substantial conflict with the board's

regional comprehensive plan. If the proposed project is determined to

have a significant regional impact, the regional planning board shall

determine, within thirty days from date of the submission of the project

description, whether or not it is in substantial conflict with its

regional comprehensive plan. In making such determination, the regional

planning board may also consider whether the proposed project is

properly coordinated with other exisiting or proposed projects within

the region. If the regional planning board determines that such project

might be in substantial conflict with its regional comprehensive plan,

the regional planning board may issue an order to the Utica transit

authority directing that such authority not undertake or continue such

project for an additional period of forty-five days immediately

following such thirty day period. During such additional forty-five day

period, the regional planning board shall further review the project and

shall hold a public hearing concerning such project. On or before the

conclusion of such forty-five day period and after the public hearing,

the regional planning board shall determine whether or not such project

is in substantial conflict with its regional comprehensive plan, and

report its determination to the Utica transit authority sponsoring such

project, to the commissioner of transportation, to any other public

agency having the power of review or approval of such project, and in a

manner conducive to the wide dissemination of such determinations, to

the public. If the regional planning board determines that the proposed

project is in substantial conflict with its regional comprehensive plan,

the Utica transit authority shall before undertaking such project state

in writing to the regional board its reasons for undertaking the project

notwithstanding such determination of substantial conflict.

Regional planning boards may adopt rules and regulations establishing

standards and procedures, consistent with this section, for the review

of projects hereunder, and which may exclude specified kinds of projects

from such review. Such procedures may contain provisions allowing for

informal discussion of preliminary and informal plans for a project

subject to review and for preliminary approval or recommendations by the

board with respect to the project. Before adopting such rules and

regulations, the regional planning board shall consult with the

department of state, which may make recommendations concerning such

standards and procedures. In the event a proposed project is to be

located, in whole or in part, in an area not within the jurisdiction of

a multi-county regional planning board which has adopted a comprehensive

regional plan, the functions, powers and duties conferred in this

section upon such a regional planning board shall apply to the county

planning board or boards of any county wherein such project is to be

located, in whole or in part, if such county planning board has adopted

a comprehensive master plan. In the event there is no such county

planning board which had adopted a comprehensive master plan, such

functions, powers and duties may be carried out by the department of

state.

The regional comprehensive plan referred to under this section shall

embody the policy recommendations of the regional planning board for the

comprehensive development of the region, and shall include statements of

policies, goals and objectives. Before such regional comprehensive plan

is adopted by the regional planning board, it shall be certified to by

the secretary of state as being adequate for the review purposes of this

section. The comprehensive master plan of a county referred to under

this section shall embody the same elements as herein prescribed with

respect to a regional comprehensive plan, and shall similarly be

certified to by the secretary of state.