NY Priv Hous Fin L § 203 (2021)
2021 New York Laws PVH - Private Housing Finance Article 6 - Urban Redevelopment Corporations 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.