N.Y. EXC Law § 28-A — New York Code / Act EXC / Article 2-B / Section 28-A
Post disaster recovery planning
Status: in_force

§ 28-a. Post disaster recovery planning. 1. Whenever a state disaster\nemergency has been declared any county, city, town or village included\nin such disaster area shall prepare a local recovery and redevelopment\nplan, unless the legislative body of the municipality shall determine\nsuch plan to be unnecessary or impractical. Prior to making such\ndetermination, the municipality shall notify the commission of its\nintent to forego preparation and provide an opportunity to comment to\nthe commission. Within fifteen days after the declaration of a state\ndisaster, any county, city, town or village included in such disaster\narea shall report to the commission whether the preparation of a\nrecovery and redevelopment plan has been commenced, and if not, the\nreasons for not preparing such plan. Within sixty days after the\ndeclaration of a state disaster, the commission shall report to the\ngovernor and the legislature the status of local recovery and\nredevelopment plans, including the name of any municipality which has\nfailed or refused to commence the development of a recovery and\nredevelopment plan.\n  2. The commission shall provide technical assistance in the\ndevelopment of such plans upon the request of such county, city, town or\nvillage.\n  3. A local recovery and redevelopment plan shall include, but need not\nbe limited to: plans for replacement, reconstruction, removal or\nrelocation of damaged or destroyed facilities; proposed new or amended\nregulations such as zoning, subdivision, building or sanitary ordinances\nand codes; and plans for economic recovery and community development.\nSuch plans shall take into account and to the extent practicable\nincorporate relevant existing plans and policies and such plans shall\ntake into account the need to minimize the potential impact of any\nfuture disasters on the community.\n  4. Proposed plans shall be presented at a public hearing upon five\ndays notice published in a newspaper of general circulation in the area\naffected and transmitted to the radio and television media for\npublication and broadcast. Such notice shall state the time and place of\nthe hearing and indicate where copies of the proposed plan may be\ninspected or obtained. Any county, city, town, or village preparing a\nrecovery and redevelopment plan pursuant to this subdivision may, upon\nmutual agreement with any other such county, city, town or village, hold\na joint hearing to consider such recovery and redevelopment plan.\n  5. Such plans shall be prepared within forty-five days after the\ndeclaration of a state disaster and shall be transmitted to the\ncommission.  The commission shall provide its comments on the plan\nwithin ten days after receiving such plan.\n  6. A plan shall be adopted by such county, city, town or village\nwithin ten days after receiving the comments of the commission. The\nadopted plan may be amended at any time in the same manner as originally\nprepared, revised and adopted.\n  7. The adopted plan shall be the official policy for recovery and\nredevelopment within the municipality.\n  8. Nothing in this section shall preclude any municipality from\napplying for or accepting and receiving any federal funds.\n