Section 51. Comprehensive regional planning  


Latest version.
  • 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.