New York § 150 - 150Approval of plan and projects

§ 150. 150Approval 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.