NY Priv Hous Fin L § 114 (2021)
2021 New York Laws PVH - Private Housing Finance Article 5 - Redevelopment Companies 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, and2.  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, orb.  Issue  a certificate of conditional or qualified approval thereof,   with or without recommendations, orc. 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.