Section 203. Development plans and approval thereof  


Latest version.
  • 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.