2006 New York Code - 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.