2006 New York Code - Approval Of Plan And Projects.



 
    §  150.  Approval  of plan and projects.  1. The prior approval of the
  local legislative body and of the planning commission, if  any,  in  the
  manner hereinafter provided in subdivision two of this section, shall be
  requisite  to  the  final  adoption  or  approval  by  an  authority  or
  municipality of a plan or project. Where a master plan exists such  plan
  shall  conform  to  such  master plan, except as such master plan may be
  changed pursuant to the procedure prescribed by law.  Where  changes  in
  the city map and zoning amendments or variances are necessitated by such
  master  plan,  or  in  furtherance of such master plan, such amendments,
  variances and changes shall be  submitted  together  with  the  plan  or
  project herein and considered as part thereof.
    2.  Every  plan  or  project  proposed by an authority or municipality
  shall be submitted by the authority or the municipality to the  planning
  commission,  if  any,  for  approval.  The  planning commission, after a
  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,  and  after
  considering the plan or project, may:
    a. Issue a report of unqualified approval; or
    b. Issue a report of conditional or qualified approval; or
    c. Issue a report disapproving thereof.
    The   plan   or  project  shall  be  submitted  by  the  authority  or
  municipality, together with the report of the  planning  commission,  to
  the  local legislative body for its approval. If the planning commission
  shall have issued a report of unqualified approval, the plan or  project
  may be approved in accordance with the report of the planning commission
  by  a  majority  vote  of  the  local  legislative body. If the planning
  commission shall have issued a report  disapproving  thereof,  or  shall
  have issued a report of conditional or qualified approval, or shall have
  failed to make its report within six weeks of the submission of the plan
  or  project by the authority or municipality to the planning commission,
  the local legislative  body  may,  nevertheless,  approve  the  plan  or
  project  but  only  by  a  three-fourths vote. 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 authority shall  file  a  resolution  with  the
  local legislative body in implementation thereof.

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