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This entry was published on 2014-09-22
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SECTION 114
Procedure for submission and approval of plan or project
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 5
§ 114. Procedure for submission and approval of plan or project.
Every plan or plan of a project proposed by a redevelopment company
shall contain a general description of the area to be redeveloped and a
statement of the plan of redevelopment with such detail of information
with reference thereto as may be necessary to a general understanding
thereof. Where changes in the city map and zoning amendments or
variances are necessitated by such plan or project, such amendments,
variances and changes shall be submitted together with the plan or
project herein and considered as part thereof.

After preliminary approval thereof by the supervising agency as to
conformity with the provisions and purposes of this article, every such
plan or plan of a project shall be submitted to the planning commission
for approval of the plan or plan of the project relating to:

1. Height and bulk of structures, density of population and percentage
of land coverage by structures as to their conformity with the purposes
of this article and with the master plan, if any; and the relationship
of the density of population contemplated by the plan or plan of the
project to the distribution of the population of the municipality in
other areas or parts thereof, and

2. Provision, if any, for business or commercial facilities
appurtenant to the plan or project, relationship to existing and planned
public facilities, adequacy and planned rearrangement of street
facilities and provisions for light, air, cultural and recreational
facilities as to their conformity with the purposes of this article and
their adequacy for accommodation of the density of population
contemplated by the plan or plan of the project.

Where a project consists substantially of the rehabilitation of an
existing structure or structures, and no changes in the city map and
zoning amendments or variances are necessitated by the project, the
supervising agency may waive the preparation and submission of the plan
or plan of a project.

Where a plan or plan of a project has been prepared and submitted, the
planning commission, after 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, on the plan or plan of a project, may:

a. Issue an unqualified certificate of approval thereof, or

b. Issue a certificate of conditional or qualified approval thereof,
with or without recommendations, or

c. Disapprove thereof.

After action thereon by the planning commission, such plan or plan of
a project with a proposed form of contract between the municipality and
the redevelopment company or, when all stock, debentures and mortgage
bonds of the company are owned or are to be owned by one or more
insurance companies, between the municipality, redevelopment company and
such insurance company or companies shall be submitted by the
redevelopment company, with a certificate of approval of the supervising
agency and the certificate or a statement of action, if any, on the plan
or project by the planning commission, to the local legislative body for
its approval of the project as to conformity with the provisions and
purposes of this article, the extent of the tax exemption to be granted
pursuant to section one hundred twenty-five, the amount and nature of
the property to be condemned for the redevelopment company by the
municipality and the terms and conditions of payment therefor by the
redevelopment company, the amount of publicly owned land or facilities
to be sold to the redevelopment company or exchanged for redevelopment
company-owned lands and the availability of other suitable dwelling
accommodations for families living in the area or part thereof to be
affected by the plan or plan of the project.

As part of an approved project the local legislative body may require
a redevelopment company to dedicate to the municipality or any agency
thereof in the manner provided by law specified portions of the land in
a project for parks, streets, public recreational and other public
purposes.

The contract shall regulate the rents to be charged for rooms in the
project and may contain such other provisions, not inconsistent with
this article, as may be deemed necessary or desirable for the financing,
construction, operation and supervision of the project.

In any case where a plan or plan of a project has been prepared and
submitted and the planning commission shall have issued a certificate of
unqualified approval, or where preparation and submission of a plan or
plan of a project has been waived by the supervising agency in
accordance with the provisions of this section, approval of the project
by the local legislative body may be by resolution adopted by a majority
of the whole number of votes authorized to be cast by all of the members
thereof. In any case where a plan or plan of a project has been prepared
and submitted and the planning commission shall not have issued a
certificate of unqualified approval, the plan or plan of a project may
nevertheless be approved by the local legislative body, after public
hearings thereon, by resolution adopted by a three-fourths vote of the
whole number of votes authorized to be cast by all of the members
thereof. 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 supervising
agency shall file a resolution with the local legislative body in
implementation thereof. The local legislative body is authorized to
enter into the necessary contract or contracts on behalf of the
municipality.

If the contract parties are a municipality, a redevelopment company
and one or more insurance companies which own or will own all of the
stock, debentures, bonds and mortgage indebtedness of such redevelopment
company, or if the project is undertaken by an insurance company, then
the certificate of the supervising agency approving such contract shall
terminate the functions of the supervising agency pursuant to this
article, and after the execution of such contract all references herein
to the approval or other action by the supervising agency shall be
inapplicable to the project provided for in such contract and to such
redevelopment company or the insurance company undertaking such project.