N.Y. Private Housing Finance Law § 203: Development plans and approval thereof

§ 203. Development plans and approval thereof. 1. A development plan

shall contain such information as the planning commission and the

supervising agency shall, by rule or regulation require, including:

(a) A metes and bounds description of the development area;

(b) A statement of the real property in the development area fee title

to which the redevelopment corporation proposes to acquire and a

statement of the interests to be acquired in any other real property by

the redevelopment corporation;

(c) A statement of the various stages, if more than one is intended,

by which the development is proposed to be constructed or undertaken,

and the time limit for the completion of each stage, together with a

metes and bounds description of the real property to be included in each

stage;

(d) A statement of the existing buildings or improvements in the

development area, to be demolished immediately, if any;

(e) A statement of the existing buildings or improvements, in the

development area not to be demolished immediately, if any, and the

approximate period of time during which the demolition, if any, of each

such building or improvement is to take place;

(f) A statement of the proposed improvements, if any, to each building

not to be demolished immediately, any proposed repairs or alterations to

such building, and the approximate period of time during which such

improvements, repairs or alterations are to be made;

(g) A statement of the type, number and character of each new

industrial, commercial, residential or other building or improvement to

be erected or made; and a statement of the maximum limitations upon the

bulk of such buildings or improvements to be permitted at various stages

of the development plan;

(h) A statement of those portions, if any, of the development area

which may be permitted or will be required to be left as open space, the

use to which each such open space is to be put, the period of time each

such open space will be required to remain an open space and the manner

in which it will be improved and maintained, if at all;

(i) A statement of those portions, if any, of the development area

which the redevelopment corporation proposes to sell, donate, exchange

or lease to, with or from the city and an outline of the terms of such

proposed sale, donation, exchange or lease;

(j) A statement of the proposed changes, if any, in zoning ordinances

or maps, necessary or desirable for the development and its protection

against blighting influences;

(k) A statement of the proposed changes, if any, in streets or street

levels and any proposed street closings;

(l) A statement of the character of the existing dwelling

accommodations, if any, in the development area, the approximate number

of families residing therein, together with a schedule of the rentals

being paid by them, and a schedule of the vacancies in such

accommodations, together with the rental demanded therefor;

(m) A statement of the character, approximate number of units,

approximate rentals and approximate date of availability of the proposed

dwelling accommodations, if any, to be furnished during construction and

upon completion of the development;

(n) A statement of the proposed method of financing the development,

in sufficient detail to evidence the probability that the redevelopment

corporation will be able to finance or arrange to finance the

development;

(o) A statement of persons who it is proposed will be active in or

associated with the management of the redevelopment corporation during a

period of at least one year from the date of the approval of the

development plan.

The development plan, and any application to the planning commission

or supervising agency for approval thereof, may contain in addition such

other statements or material as may be deemed relevant by the proposer

thereof, including limits on the amounts which may be paid as

compensation for services to the officers and employees of the

redevelopment corporation, suggestions for the clearance, replanning,

reconstruction or rehabilitation of one or more areas which may be

larger than the development area but which include it, and any other

provisions for the redevelopment of such area or areas.

2. No development shall be initiated until certificates of approval of

the development plan therefor shall have been issued by both the

planning commission and the supervising agency.

3. A planning commission may approve a development plan after a public

hearing, but no certificate of approval thereof shall be issued by it

unless and until an application for approval has been filed with it,

together with the development plan, and unless and until the planning

commission shall determine:

(a) That the area within which the development area is included is

substandard or insanitary and that the redevelopment of the development

area in accordance with the development plan is necessary or advisable

to effectuate the public purposes declared in section two hundred one of

this article;

(b) That the development plan is in accord with the master plan, if

any, of the city;

(c) That the development area is not less than one hundred thousand

square feet in area, except that it may be smaller in area when

undertaken in connection with a public improvement, but in any event of

sufficient size to allow its redevelopment in an efficient and

economically satisfactory manner and to contribute substantially to the

improvement of the area in which the development is located;

(d) That the various stages, if any, by which the development is

proposed to be constructed or undertaken, as stated in the development

plan, are practicable and in the public interest;

(e) That public facilities, including, but not limited to, school,

fire, police, transportation, park, playground and recreation, are

presently adequate, or will be adequate, at the time that the

development is ready for use, to service the development area;

(f) That the proposed changes, if any, in the city map, in zoning

ordinances or maps and in streets and street levels, or any proposed

street closings, are necessary or desirable for the development and its

protection against blighting influences and for the city as a whole;

(g) Upon data submitted by or on behalf of the redevelopment

corporation, or upon data otherwise available to the planning

commission, that there will be available for occupation by families, if

any, then occupying dwelling accommodations in the development area

legal accommodations at substantially similar rentals in the development

area or elsewhere in a suitable location in the city, and that the

carrying into effect of the development plan will not cause undue

hardship to such families. The notice of the public hearing to be held

by the planning commission prior to approval by it of the development

plan shall contain separate statements to the effect that before the

development plan is approved, the planning commission must make the

determination required in subparagraph (g) of this paragraph three, and

that if the development plan is approved, real property in the

development area is, upon the conditions stated elsewhere in this

article, subject to condemnation.

Any such determination shall be conclusive evidence of the facts so

determined except upon proof of fraud or wilful misfeasance. In arriving

at such determination, the planning commission shall consider only those

elements of the development plan relevant to such determination under

subparagraphs (a) through (g) of this paragraph three of section two

hundred three of this article and to the type of development which is

physically desirable for the development area concerned from a city

planning viewpoint and from a neighborhood unit viewpoint if the

development plan provides that the development area is to be primarily

residential. Upon approval of a development plan by the planning

commission, it shall forthwith issue a certificate of approval thereof,

which may be made subject to subsequent approval of the changes, if any,

mentioned in subparagraph (f) of this paragraph three by the person,

commission or body having jurisdiction thereof.

4. A supervising agency may approve a development plan, but no

certificate of approval thereof shall be issued by it unless and until

the planning commission shall first have approved thereof and there has

been filed with the supervising agency the development plan, the

certificate of approval by the planning commission and an application

for approval by the supervising agency, and unless and until the

supervising agency shall determine:

(a) That the proposed method of financing the development is feasible

and that it is probable that the redevelopment corporation will be able

to finance or arrange to finance the development;

(b) That the persons who it is proposed will be active in or

associated with the management of the redevelopment corporation during a

period of at least one year from the date of the approval of the

development plan have sufficient ability and experience to cause the

development to be undertaken, consummated and managed in a satisfactory

manner.

Any such determination shall be conclusive evidence of the facts so

determined except upon proof of fraud or wilful misfeasance. In

considering whether or not a certificate of approval of the development

plan shall be issued, the supervising agency shall consider only those

elements of the development plan relevant to such determination under

subparagraphs (a) and (b) of this paragraph four of section two hundred

three of this article. Upon approval of a development plan by the

supervising agency, it shall forthwith issue a certificate of approval

thereof.

5. The planning commission and the supervising agency may approve an

amendment or amendments to a development plan, but no such amendment to

a development plan which has theretofore been approved by the planning

commission and the supervising agency shall be approved unless and until

an application therefor has been filed with the planning commission or

the supervising agency by the redevelopment corporation containing that

part of the material required by paragraph one of this section two

hundred three which shall be relevant to the proposed amendment, and

unless and until the planning commission or the supervising agency, as

the case may be, shall make the determinations required by paragraphs

three or four of this section two hundred three which shall be relevant

to the proposed amendment.

6. The planning commission and the supervising agency may each adopt a

reasonable schedule of fees to be paid upon the filing of the

development plan, amendments thereto and other instruments in connection

therewith.

7. The planning commission and the supervising agency may, for the

guidance of prospective proponents of development plans, fix general

standards to which a development plan shall conform. Variations from

such standards may be allowed for the accomplishment of the purposes of

this article. Such standards may contain provisions more restrictive

than those imposed by applicable planning, zoning, sanitary and building

laws, ordinances and regulations.

8. The state division of housing, or a local housing authority where

such exists, is hereby authorized to render such advisory services in

connection with the preliminary surveys, studies and preparation of a

development plan as may be requested by a redevelopment corporation or a

city planning commission and charge fees for such services on the basis

of actual cost.