N.Y. PVH Law § 114 — New York Code / Act PVH / Article 5 / Section 114
Procedure for submission and approval of plan or project
Status: in_force

§ 114. Procedure for submission and approval of plan or project.\nEvery plan or plan of a project proposed by a redevelopment company\nshall contain a general description of the area to be redeveloped and a\nstatement of the plan of redevelopment with such detail of information\nwith reference thereto as may be necessary to a general understanding\nthereof. Where changes in the city map and zoning amendments or\nvariances are necessitated by such plan or project, such amendments,\nvariances and changes shall be submitted together with the plan or\nproject herein and considered as part thereof.\n  After preliminary approval thereof by the supervising agency as to\nconformity with the provisions and purposes of this article, every such\nplan or plan of a project shall be submitted to the planning commission\nfor approval of the plan or plan of the project relating to:\n  1. Height and bulk of structures, density of population and percentage\nof land coverage by structures as to their conformity with the purposes\nof this article and with the master plan, if any; and the relationship\nof the density of population contemplated by the plan or plan of the\nproject to the distribution of the population of the municipality in\nother areas or parts thereof, and\n  2. Provision, if any, for business or commercial facilities\nappurtenant to the plan or project, relationship to existing and planned\npublic facilities, adequacy and planned rearrangement of street\nfacilities and provisions for light, air, cultural and recreational\nfacilities as to their conformity with the purposes of this article and\ntheir adequacy for accommodation of the density of population\ncontemplated by the plan or plan of the project.\n  Where a project consists substantially of the rehabilitation of an\nexisting structure or structures, and no changes in the city map and\nzoning amendments or variances are necessitated by the project, the\nsupervising agency may waive the preparation and submission of the plan\nor plan of a project.\n  Where a plan or plan of a project has been prepared and submitted, the\nplanning commission, after public hearing, notice of which shall be\npublished at least ten days prior thereto in the official publication of\nthe municipality, or if none exists, in a newspaper circulating in the\nmunicipality, on the plan or plan of a project, may:\n  a. Issue an unqualified certificate of approval thereof, or\n  b. Issue a certificate of conditional or qualified approval thereof,\nwith or without recommendations, or\n  c. Disapprove thereof.\n  After action thereon by the planning commission, such plan or plan of\na project with a proposed form of contract between the municipality and\nthe redevelopment company or, when all stock, debentures and mortgage\nbonds of the company are owned or are to be owned by one or more\ninsurance companies, between the municipality, redevelopment company and\nsuch insurance company or companies shall be submitted by the\nredevelopment company, with a certificate of approval of the supervising\nagency and the certificate or a statement of action, if any, on the plan\nor project by the planning commission, to the local legislative body for\nits approval of the project as to conformity with the provisions and\npurposes of this article, the extent of the tax exemption to be granted\npursuant to section one hundred twenty-five, the amount and nature of\nthe property to be condemned for the redevelopment company by the\nmunicipality and the terms and conditions of payment therefor by the\nredevelopment company, the amount of publicly owned land or facilities\nto be sold to the redevelopment company or exchanged for redevelopment\ncompany-owned lands and the availability of other suitable dwelling\naccommodations for families living in the area or part thereof to be\naffected by the plan or plan of the project.\n  As part of an approved project the local legislative body may require\na redevelopment company to dedicate to the municipality or any agency\nthereof in the manner provided by law specified portions of the land in\na project for parks, streets, public recreational and other public\npurposes.\n  The contract shall regulate the rents to be charged for rooms in the\nproject and may contain such other provisions, not inconsistent with\nthis article, as may be deemed necessary or desirable for the financing,\nconstruction, operation and supervision of the project.\n  In any case where a plan or plan of a project has been prepared and\nsubmitted and the planning commission shall have issued a certificate of\nunqualified approval, or where preparation and submission of a plan or\nplan of a project has been waived by the supervising agency in\naccordance with the provisions of this section, approval of the project\nby the local legislative body may be by resolution adopted by a majority\nof the whole number of votes authorized to be cast by all of the members\nthereof. In any case where a plan or plan of a project has been prepared\nand submitted and the planning commission shall not have issued a\ncertificate of unqualified approval, the plan or plan of a project may\nnevertheless be approved by the local legislative body, after public\nhearings thereon, by resolution adopted by a three-fourths vote of the\nwhole number of votes authorized to be cast by all of the members\nthereof. Notwithstanding any other provision of law, changes in the city\nmap, zoning amendments, or variances contained in the plan shall be\ndeemed approved by the local legislative body when it approves the plan\nor project. Any such changes in the city map, zoning amendments, or\nvariances shall become effective on the date on which the supervising\nagency shall file a resolution with the local legislative body in\nimplementation thereof.  The local legislative body is authorized to\nenter into the necessary contract or contracts on behalf of the\nmunicipality.\n  If the contract parties are a municipality, a redevelopment company\nand one or more insurance companies which own or will own all of the\nstock, debentures, bonds and mortgage indebtedness of such redevelopment\ncompany, or if the project is undertaken by an insurance company, then\nthe certificate of the supervising agency approving such contract shall\nterminate the functions of the supervising agency pursuant to this\narticle, and after the execution of such contract all references herein\nto the approval or other action by the supervising agency shall be\ninapplicable to the project provided for in such contract and to such\nredevelopment company or the insurance company undertaking such project.\n