2013 New York Consolidated Laws
EXC - Executive
Article 2-B - (20 - 29-J) STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS
28-A - Post disaster recovery planning.

 
    § 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.