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This entry was published on 2014-09-22
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SECTION 150
Approval of plan and projects
Public Housing (PBG) CHAPTER 44-A, ARTICLE 8
§ 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.