Legislation
SECTION 28-A
Post disaster recovery planning
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 28-a. Post disaster recovery planning. 1. Whenever a state disaster
emergency has been declared any county, city, town or village included
in such disaster area shall prepare a local recovery and redevelopment
plan, unless the legislative body of the municipality shall determine
such plan to be unnecessary or impractical. Prior to making such
determination, the municipality shall notify the commission of its
intent to forego preparation and provide an opportunity to comment to
the commission. Within fifteen days after the declaration of a state
disaster, any county, city, town or village included in such disaster
area shall report to the commission whether the preparation of a
recovery and redevelopment plan has been commenced, and if not, the
reasons for not preparing such plan. Within sixty days after the
declaration of a state disaster, the commission shall report to the
governor and the legislature the status of local recovery and
redevelopment plans, including the name of any municipality which has
failed or refused to commence the development of a recovery and
redevelopment plan.
2. The commission shall provide technical assistance in the
development of such plans upon the request of such county, city, town or
village.
3. A local recovery and redevelopment plan shall include, but need not
be limited to: plans for replacement, reconstruction, removal or
relocation of damaged or destroyed facilities; proposed new or amended
regulations such as zoning, subdivision, building or sanitary ordinances
and codes; and plans for economic recovery and community development.
Such plans shall take into account and to the extent practicable
incorporate relevant existing plans and policies and such plans shall
take into account the need to minimize the potential impact of any
future disasters on the community.
4. Proposed plans shall be presented at a public hearing upon five
days notice published in a newspaper of general circulation in the area
affected and transmitted to the radio and television media for
publication and broadcast. Such notice shall state the time and place of
the hearing and indicate where copies of the proposed plan may be
inspected or obtained. Any county, city, town, or village preparing a
recovery and redevelopment plan pursuant to this subdivision may, upon
mutual agreement with any other such county, city, town or village, hold
a joint hearing to consider such recovery and redevelopment plan.
5. Such plans shall be prepared within forty-five days after the
declaration of a state disaster and shall be transmitted to the
commission. The commission shall provide its comments on the plan
within ten days after receiving such plan.
6. A plan shall be adopted by such county, city, town or village
within ten days after receiving the comments of the commission. The
adopted plan may be amended at any time in the same manner as originally
prepared, revised and adopted.
7. The adopted plan shall be the official policy for recovery and
redevelopment within the municipality.
8. Nothing in this section shall preclude any municipality from
applying for or accepting and receiving any federal funds.
emergency has been declared any county, city, town or village included
in such disaster area shall prepare a local recovery and redevelopment
plan, unless the legislative body of the municipality shall determine
such plan to be unnecessary or impractical. Prior to making such
determination, the municipality shall notify the commission of its
intent to forego preparation and provide an opportunity to comment to
the commission. Within fifteen days after the declaration of a state
disaster, any county, city, town or village included in such disaster
area shall report to the commission whether the preparation of a
recovery and redevelopment plan has been commenced, and if not, the
reasons for not preparing such plan. Within sixty days after the
declaration of a state disaster, the commission shall report to the
governor and the legislature the status of local recovery and
redevelopment plans, including the name of any municipality which has
failed or refused to commence the development of a recovery and
redevelopment plan.
2. The commission shall provide technical assistance in the
development of such plans upon the request of such county, city, town or
village.
3. A local recovery and redevelopment plan shall include, but need not
be limited to: plans for replacement, reconstruction, removal or
relocation of damaged or destroyed facilities; proposed new or amended
regulations such as zoning, subdivision, building or sanitary ordinances
and codes; and plans for economic recovery and community development.
Such plans shall take into account and to the extent practicable
incorporate relevant existing plans and policies and such plans shall
take into account the need to minimize the potential impact of any
future disasters on the community.
4. Proposed plans shall be presented at a public hearing upon five
days notice published in a newspaper of general circulation in the area
affected and transmitted to the radio and television media for
publication and broadcast. Such notice shall state the time and place of
the hearing and indicate where copies of the proposed plan may be
inspected or obtained. Any county, city, town, or village preparing a
recovery and redevelopment plan pursuant to this subdivision may, upon
mutual agreement with any other such county, city, town or village, hold
a joint hearing to consider such recovery and redevelopment plan.
5. Such plans shall be prepared within forty-five days after the
declaration of a state disaster and shall be transmitted to the
commission. The commission shall provide its comments on the plan
within ten days after receiving such plan.
6. A plan shall be adopted by such county, city, town or village
within ten days after receiving the comments of the commission. The
adopted plan may be amended at any time in the same manner as originally
prepared, revised and adopted.
7. The adopted plan shall be the official policy for recovery and
redevelopment within the municipality.
8. Nothing in this section shall preclude any municipality from
applying for or accepting and receiving any federal funds.