State Codes and Statutes

Statutes > New-york > Gmu > Article-16 > 694

§  694. Urban development action area project and approval thereof. 1.  Following or in conjunction with the  designation  of  an  area  or  the  waiver   of   an  area  designation  pursuant  to  section  six  hundred  ninety-three of this article, the agency shall prepare or  cause  to  be  prepared,  with  provisions  which,  where  appropriate,  are  expressly  designed to  encourage  and  stimulate  businesses  experienced  in  the  development  of  one  to  four family low-rise residential structures or  minority owned enterprises in proposed projects, a project summary for a  proposed urban development action area project.    2. A proposal for an urban development action area or for  a  part  or  portion  of  such area, shall be submitted to the commission which shall  certify, after a public hearing held  on  due  notice,  its  unqualified  approval,    its   disapproval,   or   its   qualified   approval   with  recommendations for modifications therein. The commission shall  forward  its certification to the governing body.    3.  Following receipt of the commission's certification after a public  hearing held on due notice, the governing body may:    (a) if the commission shall have certified its  unqualified  approval,  approve the area designation by a majority vote;    (b)   if   the   commission   shall  have  certified  its  disapproval  nevertheless approve the area designation, but only by  a  three-fourths  vote;    (c)  if  the  commission  shall  have certified its qualified approval  together  with  recommendations  for  modifications,  approve  the  area  designation   together   with   the  modifications  recommended  by  the  commission by a majority vote, or approve the area  designation  without  such modifications but only by a three-fourths vote.    4.  In  order  to approve the proposal for an urban development action  area the governing body must by resolution  first  find  that:  (a)  the  present  status  of  the area tends to impair or arrest the sound growth  and development of the municipality;    (b) the financial aid in the form of tax incentives,  if  any,  to  be  provided  by the municipality pursuant to section six hundred ninety-six  of this article, is necessary to enable the project  to  be  undertaken;  and    (c)  the  area  designation is consistent with the policy and purposes  stated in section six hundred ninety-one of this article.    5. Any approval of an urban development action area project  shall  be  in  conformance  with the standards and procedures required for all land  use determinations pursuant to general, special or local law or charter.  In a city having a population of one million or more, the governing body  may require that the agency incorporate into the project any or  all  of  the  following:  (i)  the  proposed  number  of  residential units; (ii)  whether such units are home ownership units, rental units or condominium  or cooperative units; (iii) a best estimate  of  the  initial  rents  or  selling prices for such units; (iv) the proposed income restrictions, if  any,  on renters or purchasers of such units; and (v) the basis on which  the consideration for the sale  or  lease  of  the  property  is  to  be  determined.  Provided,  however,  that if the proposed urban development  action  area  project  consists  solely   of   the   rehabilitation   or  conservation   of   existing   private  or  multiple  dwellings  or  the  construction of one to four unit dwellings or, until June thirtieth, two  thousand twelve, for up to six urban development action area projects in  any calendar year, the construction  of  up  to  ninety  dwelling  units  financed  by  the  federal government and restricted to occupancy by the  elderly or by persons with disabilities without any change in  land  use  permitted  by  local zoning, the governing body, or the commission whereso authorized to act by the governing body, may waive any such standards  and procedures required by local law or charter.

State Codes and Statutes

Statutes > New-york > Gmu > Article-16 > 694

§  694. Urban development action area project and approval thereof. 1.  Following or in conjunction with the  designation  of  an  area  or  the  waiver   of   an  area  designation  pursuant  to  section  six  hundred  ninety-three of this article, the agency shall prepare or  cause  to  be  prepared,  with  provisions  which,  where  appropriate,  are  expressly  designed to  encourage  and  stimulate  businesses  experienced  in  the  development  of  one  to  four family low-rise residential structures or  minority owned enterprises in proposed projects, a project summary for a  proposed urban development action area project.    2. A proposal for an urban development action area or for  a  part  or  portion  of  such area, shall be submitted to the commission which shall  certify, after a public hearing held  on  due  notice,  its  unqualified  approval,    its   disapproval,   or   its   qualified   approval   with  recommendations for modifications therein. The commission shall  forward  its certification to the governing body.    3.  Following receipt of the commission's certification after a public  hearing held on due notice, the governing body may:    (a) if the commission shall have certified its  unqualified  approval,  approve the area designation by a majority vote;    (b)   if   the   commission   shall  have  certified  its  disapproval  nevertheless approve the area designation, but only by  a  three-fourths  vote;    (c)  if  the  commission  shall  have certified its qualified approval  together  with  recommendations  for  modifications,  approve  the  area  designation   together   with   the  modifications  recommended  by  the  commission by a majority vote, or approve the area  designation  without  such modifications but only by a three-fourths vote.    4.  In  order  to approve the proposal for an urban development action  area the governing body must by resolution  first  find  that:  (a)  the  present  status  of  the area tends to impair or arrest the sound growth  and development of the municipality;    (b) the financial aid in the form of tax incentives,  if  any,  to  be  provided  by the municipality pursuant to section six hundred ninety-six  of this article, is necessary to enable the project  to  be  undertaken;  and    (c)  the  area  designation is consistent with the policy and purposes  stated in section six hundred ninety-one of this article.    5. Any approval of an urban development action area project  shall  be  in  conformance  with the standards and procedures required for all land  use determinations pursuant to general, special or local law or charter.  In a city having a population of one million or more, the governing body  may require that the agency incorporate into the project any or  all  of  the  following:  (i)  the  proposed  number  of  residential units; (ii)  whether such units are home ownership units, rental units or condominium  or cooperative units; (iii) a best estimate  of  the  initial  rents  or  selling prices for such units; (iv) the proposed income restrictions, if  any,  on renters or purchasers of such units; and (v) the basis on which  the consideration for the sale  or  lease  of  the  property  is  to  be  determined.  Provided,  however,  that if the proposed urban development  action  area  project  consists  solely   of   the   rehabilitation   or  conservation   of   existing   private  or  multiple  dwellings  or  the  construction of one to four unit dwellings or, until June thirtieth, two  thousand twelve, for up to six urban development action area projects in  any calendar year, the construction  of  up  to  ninety  dwelling  units  financed  by  the  federal government and restricted to occupancy by the  elderly or by persons with disabilities without any change in  land  use  permitted  by  local zoning, the governing body, or the commission whereso authorized to act by the governing body, may waive any such standards  and procedures required by local law or charter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-16 > 694

§  694. Urban development action area project and approval thereof. 1.  Following or in conjunction with the  designation  of  an  area  or  the  waiver   of   an  area  designation  pursuant  to  section  six  hundred  ninety-three of this article, the agency shall prepare or  cause  to  be  prepared,  with  provisions  which,  where  appropriate,  are  expressly  designed to  encourage  and  stimulate  businesses  experienced  in  the  development  of  one  to  four family low-rise residential structures or  minority owned enterprises in proposed projects, a project summary for a  proposed urban development action area project.    2. A proposal for an urban development action area or for  a  part  or  portion  of  such area, shall be submitted to the commission which shall  certify, after a public hearing held  on  due  notice,  its  unqualified  approval,    its   disapproval,   or   its   qualified   approval   with  recommendations for modifications therein. The commission shall  forward  its certification to the governing body.    3.  Following receipt of the commission's certification after a public  hearing held on due notice, the governing body may:    (a) if the commission shall have certified its  unqualified  approval,  approve the area designation by a majority vote;    (b)   if   the   commission   shall  have  certified  its  disapproval  nevertheless approve the area designation, but only by  a  three-fourths  vote;    (c)  if  the  commission  shall  have certified its qualified approval  together  with  recommendations  for  modifications,  approve  the  area  designation   together   with   the  modifications  recommended  by  the  commission by a majority vote, or approve the area  designation  without  such modifications but only by a three-fourths vote.    4.  In  order  to approve the proposal for an urban development action  area the governing body must by resolution  first  find  that:  (a)  the  present  status  of  the area tends to impair or arrest the sound growth  and development of the municipality;    (b) the financial aid in the form of tax incentives,  if  any,  to  be  provided  by the municipality pursuant to section six hundred ninety-six  of this article, is necessary to enable the project  to  be  undertaken;  and    (c)  the  area  designation is consistent with the policy and purposes  stated in section six hundred ninety-one of this article.    5. Any approval of an urban development action area project  shall  be  in  conformance  with the standards and procedures required for all land  use determinations pursuant to general, special or local law or charter.  In a city having a population of one million or more, the governing body  may require that the agency incorporate into the project any or  all  of  the  following:  (i)  the  proposed  number  of  residential units; (ii)  whether such units are home ownership units, rental units or condominium  or cooperative units; (iii) a best estimate  of  the  initial  rents  or  selling prices for such units; (iv) the proposed income restrictions, if  any,  on renters or purchasers of such units; and (v) the basis on which  the consideration for the sale  or  lease  of  the  property  is  to  be  determined.  Provided,  however,  that if the proposed urban development  action  area  project  consists  solely   of   the   rehabilitation   or  conservation   of   existing   private  or  multiple  dwellings  or  the  construction of one to four unit dwellings or, until June thirtieth, two  thousand twelve, for up to six urban development action area projects in  any calendar year, the construction  of  up  to  ninety  dwelling  units  financed  by  the  federal government and restricted to occupancy by the  elderly or by persons with disabilities without any change in  land  use  permitted  by  local zoning, the governing body, or the commission whereso authorized to act by the governing body, may waive any such standards  and procedures required by local law or charter.