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This entry was published on 2014-09-22
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SECTION 1299-FF
Formulation, filing and adoption of master plan; amendments
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11-B
§ 1299-ff. Formulation, filing and adoption of master plan;
amendments. The authority shall formulate a master plan for
transportation within the district. In formulating such master plan, the
authority shall consult and cooperate with the commissioner of
transportation and planning authorities in the areas 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 or political subdivision of the state. The
authority shall file copies of such plan with the commissioner of
transportation, the Genesee-Finger Lakes Regional Planning Board, the
city council of the city of Rochester, the legislature of the county of
Monroe, and with the legislative body of any other county, within the
district, affected by such plan, as hereinafter stated, except where
applications for state or federal aid have been filed for any particular
transportation undertaking prior to the enactment of this legislation.
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 master plan with
the commissioner of transportation, in the Office of the Genesee-Finger
Lakes Regional Planning Board and with the legislative 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 master plan with the
commissioner of transportation, the Genesee-Finger Lakes Regional
Planning Board and such legislative bodies, a public hearing on said
plan shall be held by the authority. Notice of such a hearing shall be
given to the commissioner of transportation, the Genesee-Finger Lakes
Regional Planning Board and the legislative 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 of
transportation, the Genesee-Finger Lakes Regional Planning Board and the
legislative bodies as aforesaid, together with any amendments the
authority may propose to the master plan. The authority shall request
approval of the master plan, including such amendments as the authority
may propose, from the aforementioned legislative bodies and the
commissioner of transportation. 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. This disapproval of part or parts of the
plan shall not make the entire plan inoperative. Any part of said plan
which is disapproved by the commissioner of transportation because it
conflicts with a state-wide comprehensive master plan for transportation
or the Rochester Metropolitan transportation plan or, in the absence of
such plans, would have an adverse effect upon sound transportation
development policy and planning, shall not become operative. If the said
legislative bodies or said regional planning board fail to act within
said sixty days or in the case of the commissioner of transportation
within ninety days after approval is requested, said failure shall be
deemed approval, and the authority may adopt the master plan by a
majority vote of its membership and may include changes, if any,
recommended by said commissioner of transportation, planning board or
said legislative bodies.

The master plan may be amended from time to time in the same manner
using the procedures outlined herein for the original adoption, except
that proposed changes made by the authority upon recommendations of the
commissioner of transportation, said legislative bodies or the
Genesee-Finger Lakes Regional Planning Board in the first plan 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.