§ 203 — Development plans and approval thereof

New York § 203

• Jurisdiction: New York
• Law PVH: Private Housing Finance
• Art. 6: Urban Redevelopment Corporations

Text

§ 203. Development plans and approval thereof. 1. A development plan\nshall contain such information as the planning commission and the\nsupervising agency shall, by rule or regulation require, including:\n (a) A metes and bounds description of the development area;\n (b) A statement of the real property in the development area fee title\nto which the redevelopment corporation proposes to acquire and a\nstatement of the interests to be acquired in any other real property by\nthe redevelopment corporation;\n (c) A statement of the various stages, if more than one is intended,\nby which the development is proposed to be constructed or undertaken,\nand the time limit for the completion of each stage, together with a\nmetes and bounds description of the real property to be included in each\nstage;\n (d) A statement of the existing buildings or improvements in the\ndevelopment area, to be demolished immediately, if any;\n (e) A statement of the existing buildings or improvements, in the\ndevelopment area not to be demolished immediately, if any, and the\napproximate period of time during which the demolition, if any, of each\nsuch building or improvement is to take place;\n (f) A statement of the proposed improvements, if any, to each building\nnot to be demolished immediately, any proposed repairs or alterations to\nsuch building, and the approximate period of time during which such\nimprovements, repairs or alterations are to be made;\n (g) A statement of the type, number and character of each new\nindustrial, commercial, residential or other building or improvement to\nbe erected or made; and a statement of the maximum limitations upon the\nbulk of such buildings or improvements to be permitted at various stages\nof the development plan;\n (h) A statement of those portions, if any, of the development area\nwhich may be permitted or will be required to be left as open space, the\nuse to which each such open space is to be put, the period of time each\nsuch open space will be required to remain an open space and the manner\nin which it will be improved and maintained, if at all;\n (i) A statement of those portions, if any, of the development area\nwhich the redevelopment corporation proposes to sell, donate, exchange\nor lease to, with or from the city and an outline of the terms of such\nproposed sale, donation, exchange or lease;\n (j) A statement of the proposed changes, if any, in zoning ordinances\nor maps, necessary or desirable for the development and its protection\nagainst blighting influences;\n (k) A statement of the proposed changes, if any, in streets or street\nlevels and any proposed street closings;\n (l) A statement of the character of the existing dwelling\naccommodations, if any, in the development area, the approximate number\nof families residing therein, together with a schedule of the rentals\nbeing paid by them, and a schedule of the vacancies in such\naccommodations, together with the rental demanded therefor;\n (m) A statement of the character, approximate number of units,\napproximate rentals and approximate date of availability of the proposed\ndwelling accommodations, if any, to be furnished during construction and\nupon completion of the development;\n (n) A statement of the proposed method of financing the development,\nin sufficient detail to evidence the probability that the redevelopment\ncorporation will be able to finance or arrange to finance the\ndevelopment;\n (o) A statement of persons who it is proposed will be active in or\nassociated with the management of the redevelopment corporation during a\nperiod of at least one year from the date of the approval of the\ndevelopment plan.\n The development plan, and any application to the planning commission\nor supervising agency for approval thereof, may contain in addition such\nother statements or material as may be deemed relevant by the proposer\nthereof, including limits on the amounts which may be paid as\ncompensation for services to the officers and employees of the\nredevelopment corporation, suggestions for the clearance, replanning,\nreconstruction or rehabilitation of one or more areas which may be\nlarger than the development area but which include it, and any other\nprovisions for the redevelopment of such area or areas.\n 2. No development shall be initiated until certificates of approval of\nthe development plan therefor shall have been issued by both the\nplanning commission and the supervising agency.\n 3. A planning commission may approve a development plan after a public\nhearing, but no certificate of approval thereof shall be issued by it\nunless and until an application for approval has been filed with it,\ntogether with the development plan, and unless and until the planning\ncommission shall determine:\n (a) That the area within which the development area is included is\nsubstandard or insanitary and that the redevelopment of the development\narea in accordance with the development plan is necessary or advisable\nto effectuate the public purposes declared in section two hundred one of\nthis article;\n (b) That the development plan is in accord with the master plan, if\nany, of the city;\n (c) That the development area is not less than one hundred thousand\nsquare feet in area, except that it may be smaller in area when\nundertaken in connection with a public improvement, but in any event of\nsufficient size to allow its redevelopment in an efficient and\neconomically satisfactory manner and to contribute substantially to the\nimprovement of the area in which the development is located;\n (d) That the various stages, if any, by which the development is\nproposed to be constructed or undertaken, as stated in the development\nplan, are practicable and in the public interest;\n (e) That public facilities, including, but not limited to, school,\nfire, police, transportation, park, playground and recreation, are\npresently adequate, or will be adequate, at the time that the\ndevelopment is ready for use, to service the development area;\n (f) That the proposed changes, if any, in the city map, in zoning\nordinances or maps and in streets and street levels, or any proposed\nstreet closings, are necessary or desirable for the development and its\nprotection against blighting influences and for the city as a whole;\n (g) Upon data submitted by or on behalf of the redevelopment\ncorporation, or upon data otherwise available to the planning\ncommission, that there will be available for occupation by families, if\nany, then occupying dwelling accommodations in the development area\nlegal accommodations at substantially similar rentals in the development\narea or elsewhere in a suitable location in the city, and that the\ncarrying into effect of the development plan will not cause undue\nhardship to such families. The notice of the public hearing to be held\nby the planning commission prior to approval by it of the development\nplan shall contain separate statements to the effect that before the\ndevelopment plan is approved, the planning commission must make the\ndetermination required in subparagraph (g) of this paragraph three, and\nthat if the development plan is approved, real property in the\ndevelopment area is, upon the conditions stated elsewhere in this\narticle, subject to condemnation.\n Any such determination shall be conclusive evidence of the facts so\ndetermined except upon proof of fraud or wilful misfeasance. In arriving\nat such determination, the planning commission shall consider only those\nelements of the development plan relevant to such determination under\nsubparagraphs (a) through (g) of this paragraph three of section two\nhundred three of this article and to the type of development which is\nphysically desirable for the development area concerned from a city\nplanning viewpoint and from a neighborhood unit viewpoint if the\ndevelopment plan provides that the development area is to be primarily\nresidential. Upon approval of a development plan by the planning\ncommission, it shall forthwith issue a certificate of approval thereof,\nwhich may be made subject to subsequent approval of the changes, if any,\nmentioned in subparagraph (f) of this paragraph three by the person,\ncommission or body having jurisdiction thereof.\n 4. A supervising agency may approve a development plan, but no\ncertificate of approval thereof shall be issued by it unless and until\nthe planning commission shall first have approved thereof and there has\nbeen filed with the supervising agency the development plan, the\ncertificate of approval by the planning commission and an application\nfor approval by the supervising agency, and unless and until the\nsupervising agency shall determine:\n (a) That the proposed method of financing the development is feasible\nand that it is probable that the redevelopment corporation will be able\nto finance or arrange to finance the development;\n (b) That the persons who it is proposed will be active in or\nassociated with the management of the redevelopment corporation during a\nperiod of at least one year from the date of the approval of the\ndevelopment plan have sufficient ability and experience to cause the\ndevelopment to be undertaken, consummated and managed in a satisfactory\nmanner.\n Any such determination shall be conclusive evidence of the facts so\ndetermined except upon proof of fraud or wilful misfeasance. In\nconsidering whether or not a certificate of approval of the development\nplan shall be issued, the supervising agency shall consider only those\nelements of the development plan relevant to such determination under\nsubparagraphs (a) and (b) of this paragraph four of section two hundred\nthree of this article. Upon approval of a development plan by the\nsupervising agency, it shall forthwith issue a certificate of approval\nthereof.\n 5. The planning commission and the supervising agency may approve an\namendment or amendments to a development plan, but no such amendment to\na development plan which has theretofore been approved by the planning\ncommission and the supervising agency shall be approved unless and until\nan application therefor has been filed with the planning commission or\nthe supervising agency by the redevelopment corporation containing that\npart of the material required by paragraph one of this section two\nhundred three which shall be relevant to the proposed amendment, and\nunless and until the planning commission or the supervising agency, as\nthe case may be, shall make the determinations required by paragraphs\nthree or four of this section two hundred three which shall be relevant\nto the proposed amendment.\n 6. The planning commission and the supervising agency may each adopt a\nreasonable schedule of fees to be paid upon the filing of the\ndevelopment plan, amendments thereto and other instruments in connection\ntherewith.\n 7. The planning commission and the supervising agency may, for the\nguidance of prospective proponents of development plans, fix general\nstandards to which a development plan shall conform. Variations from\nsuch standards may be allowed for the accomplishment of the purposes of\nthis article. Such standards may contain provisions more restrictive\nthan those imposed by applicable planning, zoning, sanitary and building\nlaws, ordinances and regulations.\n 8. The state division of housing, or a local housing authority where\nsuch exists, is hereby authorized to render such advisory services in\nconnection with the preliminary surveys, studies and preparation of a\ndevelopment plan as may be requested by a redevelopment corporation or a\ncity planning commission and charge fees for such services on the basis\nof actual cost.\n