§ 150 — Approval of plan and projects

New York § 150

• Jurisdiction: New York
• Law PBG: Public Housing
• Art. 8: Provisions Relating to Approval, Construction, Management and Operation of Projects

Text

§ 150. Approval of plan and projects. 1. The prior approval of the\nlocal legislative body and of the planning commission, if any, in the\nmanner hereinafter provided in subdivision two of this section, shall be\nrequisite to the final adoption or approval by an authority or\nmunicipality of a plan or project. Where a master plan exists such plan\nshall conform to such master plan, except as such master plan may be\nchanged pursuant to the procedure prescribed by law. Where changes in\nthe city map and zoning amendments or variances are necessitated by such\nmaster plan, or in furtherance of such master plan, such amendments,\nvariances and changes shall be submitted together with the plan or\nproject herein and considered as part thereof.\n 2. Every plan or project proposed by an authority or municipality\nshall be submitted by the authority or the municipality to the planning\ncommission, if any, for approval. The planning commission, after a\npublic hearing, notice of which shall be published at least ten days\nprior thereto in the official publication of the municipality, or if\nnone exists, in a newspaper circulating in the municipality, and after\nconsidering the plan or project, may:\n a. Issue a report of unqualified approval; or\n b. Issue a report of conditional or qualified approval; or\n c. Issue a report disapproving thereof.\n The plan or project shall be submitted by the authority or\nmunicipality, together with the report of the planning commission, to\nthe local legislative body for its approval. If the planning commission\nshall have issued a report of unqualified approval, the plan or project\nmay be approved in accordance with the report of the planning commission\nby a majority vote of the local legislative body. If the planning\ncommission shall have issued a report disapproving thereof, or shall\nhave issued a report of conditional or qualified approval, or shall have\nfailed to make its report within six weeks of the submission of the plan\nor project by the authority or municipality to the planning commission,\nthe local legislative body may, nevertheless, approve the plan or\nproject but only by a three-fourths vote. Notwithstanding any other\nprovision of law, changes in the city map, zoning amendments, or\nvariances contained in the plan shall be deemed approved by the local\nlegislative body when it approves the plan or project. Any such changes\nin the city map, zoning amendments, or variances shall become effective\non the date on which the authority shall file a resolution with the\nlocal legislative body in implementation thereof.\n