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This entry was published on 2014-09-22
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SECTION 51
Comprehensive regional planning
Transportation (TRA) CHAPTER 61-A, ARTICLE 2-D
§ 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.