Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 203
Development plans and approval thereof
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 6
§ 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.