N.Y. Private Housing Finance Law § 114: Procedure for submission and approval of plan or project

§ 114. Procedure for submission and approval of plan or project.

Every plan or plan of a project proposed by a redevelopment company

shall contain a general description of the area to be redeveloped and a

statement of the plan of redevelopment with such detail of information

with reference thereto as may be necessary to a general understanding

thereof. Where changes in the city map and zoning amendments or

variances are necessitated by such plan or project, such amendments,

variances and changes shall be submitted together with the plan or

project herein and considered as part thereof.

After preliminary approval thereof by the supervising agency as to

conformity with the provisions and purposes of this article, every such

plan or plan of a project shall be submitted to the planning commission

for approval of the plan or plan of the project relating to:

1. Height and bulk of structures, density of population and percentage

of land coverage by structures as to their conformity with the purposes

of this article and with the master plan, if any; and the relationship

of the density of population contemplated by the plan or plan of the

project to the distribution of the population of the municipality in

other areas or parts thereof, and

2. Provision, if any, for business or commercial facilities

appurtenant to the plan or project, relationship to existing and planned

public facilities, adequacy and planned rearrangement of street

facilities and provisions for light, air, cultural and recreational

facilities as to their conformity with the purposes of this article and

their adequacy for accommodation of the density of population

contemplated by the plan or plan of the project.

Where a project consists substantially of the rehabilitation of an

existing structure or structures, and no changes in the city map and

zoning amendments or variances are necessitated by the project, the

supervising agency may waive the preparation and submission of the plan

or plan of a project.

Where a plan or plan of a project has been prepared and submitted, the

planning commission, after public hearing, notice of which shall be

published at least ten days prior thereto in the official publication of

the municipality, or if none exists, in a newspaper circulating in the

municipality, on the plan or plan of a project, may:

a. Issue an unqualified certificate of approval thereof, or

b. Issue a certificate of conditional or qualified approval thereof,

with or without recommendations, or

c. Disapprove thereof.

After action thereon by the planning commission, such plan or plan of

a project with a proposed form of contract between the municipality and

the redevelopment company or, when all stock, debentures and mortgage

bonds of the company are owned or are to be owned by one or more

insurance companies, between the municipality, redevelopment company and

such insurance company or companies shall be submitted by the

redevelopment company, with a certificate of approval of the supervising

agency and the certificate or a statement of action, if any, on the plan

or project by the planning commission, to the local legislative body for

its approval of the project as to conformity with the provisions and

purposes of this article, the extent of the tax exemption to be granted

pursuant to section one hundred twenty-five, the amount and nature of

the property to be condemned for the redevelopment company by the

municipality and the terms and conditions of payment therefor by the

redevelopment company, the amount of publicly owned land or facilities

to be sold to the redevelopment company or exchanged for redevelopment

company-owned lands and the availability of other suitable dwelling

accommodations for families living in the area or part thereof to be

affected by the plan or plan of the project.

As part of an approved project the local legislative body may require

a redevelopment company to dedicate to the municipality or any agency

thereof in the manner provided by law specified portions of the land in

a project for parks, streets, public recreational and other public

purposes.

The contract shall regulate the rents to be charged for rooms in the

project and may contain such other provisions, not inconsistent with

this article, as may be deemed necessary or desirable for the financing,

construction, operation and supervision of the project.

In any case where a plan or plan of a project has been prepared and

submitted and the planning commission shall have issued a certificate of

unqualified approval, or where preparation and submission of a plan or

plan of a project has been waived by the supervising agency in

accordance with the provisions of this section, approval of the project

by the local legislative body may be by resolution adopted by a majority

of the whole number of votes authorized to be cast by all of the members

thereof. In any case where a plan or plan of a project has been prepared

and submitted and the planning commission shall not have issued a

certificate of unqualified approval, the plan or plan of a project may

nevertheless be approved by the local legislative body, after public

hearings thereon, by resolution adopted by a three-fourths vote of the

whole number of votes authorized to be cast by all of the members

thereof. Notwithstanding any other provision of law, changes in the city

map, zoning amendments, or variances contained in the plan shall be

deemed approved by the local legislative body when it approves the plan

or project. Any such changes in the city map, zoning amendments, or

variances shall become effective on the date on which the supervising

agency shall file a resolution with the local legislative body in

implementation thereof. The local legislative body is authorized to

enter into the necessary contract or contracts on behalf of the

municipality.

If the contract parties are a municipality, a redevelopment company

and one or more insurance companies which own or will own all of the

stock, debentures, bonds and mortgage indebtedness of such redevelopment

company, or if the project is undertaken by an insurance company, then

the certificate of the supervising agency approving such contract shall

terminate the functions of the supervising agency pursuant to this

article, and after the execution of such contract all references herein

to the approval or other action by the supervising agency shall be

inapplicable to the project provided for in such contract and to such

redevelopment company or the insurance company undertaking such project.