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This entry was published on 2014-09-22
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SECTION 1330
Formulation, filing and adoption of action plan; amendments
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11-D
§ 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.