2023 New York Laws › GMU - General Municipal › Article 16 - Urban Development Action Area Act › 694 - Urban Development Action Area Project and Approval Thereof.

§  694. Urban development action area project and approval thereof. 1.
Following or in conjunction with the  designation  of  an  area  or  the
waiver   of   an  area  designation  pursuant  to  section  six  hundred
ninety-three of this article, the agency shall prepare or  cause  to  be
prepared,  with  provisions  which,  where  appropriate,  are  expressly
designed to  encourage  and  stimulate  businesses  experienced  in  the
development  of  one  to  four family low-rise residential structures or
minority or women-owned business enterprises  in  proposed  projects,  a
project summary for a proposed urban development action area project.
2.  A  proposal  for an urban development action area or for a part or
portion of such area, shall be submitted to the commission  which  shall
certify,  after  a  public  hearing  held on due notice, its unqualified
approval,   its   disapproval,   or   its   qualified   approval    with
recommendations  for modifications therein. The commission shall forward
its certification to the governing body.
3. Following receipt of the commission's certification after a  public
hearing held on due notice, the governing body may:
(a)  if  the commission shall have certified its unqualified approval,
approve the area designation by a majority vote;
(b)  if  the  commission  shall   have   certified   its   disapproval
nevertheless  approve  the area designation, but only by a three-fourths
vote;
(c) if the commission shall  have  certified  its  qualified  approval
together  with  recommendations  for  modifications,  approve  the  area
designation  together  with  the  modifications   recommended   by   the
commission  by  a majority vote, or approve the area designation without
such modifications but only by a three-fourths vote.
4. In order to approve the proposal for an  urban  development  action
area  the  governing  body  must  by resolution first find that: (a) the
present status of the area tends to impair or arrest  the  sound  growth
and development of the municipality;
(b)  the  financial  aid  in the form of tax incentives, if any, to be
provided by the municipality pursuant to section six hundred  ninety-six
of  this  article,  is necessary to enable the project to be undertaken;
and
(c) the area designation is consistent with the  policy  and  purposes
stated in section six hundred ninety-one of this article.
5.  Any  approval of an urban development action area project shall be
in conformance with the standards and procedures required for  all  land
use determinations pursuant to general, special or local law or charter.
In a city having a population of one million or more, the governing body
may  require  that the agency incorporate into the project any or all of
the following: (i)  the  proposed  number  of  residential  units;  (ii)
whether such units are home ownership units, rental units or condominium
or  cooperative  units;  (iii)  a  best estimate of the initial rents or
selling prices for such units; (iv) the proposed income restrictions, if
any, on renters or purchasers of such units; and (v) the basis on  which
the  consideration  for  the  sale  or  lease  of  the property is to be
determined. Provided, however, that if the  proposed  urban  development
action   area   project   consists   solely  of  the  rehabilitation  or
conservation  of  existing  private  or  multiple   dwellings   or   the
construction of one to four unit dwellings or, until June thirtieth, two
thousand  twenty-four,  for  up  to  six  urban  development action area
projects in any calendar year, the construction of up to ninety dwelling
units financed by the federal government and restricted to occupancy  by
the  elderly  or by persons with disabilities without any change in land
use permitted by local zoning, the governing  body,  or  the  commission

where  so  authorized  to  act by the governing body, may waive any such
standards and procedures required by local law or charter.