NY Gen Mun L § 72-J (2021)
2021 New York Laws GMU - General Municipal Article 5 - Powers, Limitations and Liabilities 72-J - Parking Garages and Parking Spaces; Public Off-Street Loading Facilities.

§  72-j. Parking garages and parking spaces; public off-street loading   facilities. 1. The governing board or other appropriate authority  of  a   municipal  corporation  may  acquire  by  purchase, gift, devise, lease,   condemnation or otherwise, in accordance  with  the  provisions  of  any   appropriate general, special, or local law applicable to the acquisition   of  real  property  by  a  municipal  corporation,  real property or any   interest therein necessary for or  incidental  to  the  construction  or   operation  of  parking  garages  or  parking spaces or public off-street   loading facilities for  the  relief  of  traffic  congestion  either  as   provided  in  subdivision two hereof or as provided in subdivision three   hereof.2. a. A municipal corporation or an urban renewal agency may construct   and  operate  such  garages  or  spaces  or  public  off-street  loading   facilities  including  the use of such portion of the property for other   commercial uses as may be  necessary  to  provide  revenue  adequate  to   permit  the  operation of the principal portion of the property for such   garages or spaces or public off-street loading  facilities,  may  charge   such  rentals  or  fees for their use and make such other provisions for   their operation and management as it may deem necessary, and  may  enter   into  contracts  for  their  construction  or  operation subject to such   conditions as it may impose for  the  service  of  the  public  and  the   protection  of  the  public  interest.  When  in furtherance of an urban   renewal program such parking  garage  or  spaces  or  public  off-street   loading  facilities  are  constructed  and  operated  pursuant to a duly   approved urban renewal plan, the same or a portion thereof may be  sold,   leased for a term not exceeding ninety-nine years, or otherwise disposed   of, to any person, firm or corporation, without public auction or sealed   bids, subject to such conditions as it may impose for the service of the   public  and  the  protection of the public interest, provided such sale,   lease or disposal is  made  in  accordance  with  and  pursuant  to  the   provisions of section five hundred seven of this chapter.b. In addition to such powers as may be granted by any other law or by   any  other  subdivision  of  this section, a municipal corporation or an   urban renewal agency may lease, for a  term  not  exceeding  ninety-nine   years,  such  air rights over or the subsurface areas under any property   acquired or to be acquired for  garages,  spaces  or  public  off-street   loading  facilities,  together  with  easements  or other rights of user   necessary for the use and development of such air rights  or  subsurface   areas,  as  are  not  needed for public purposes, to any person, firm or   corporation for commercial or private use. Any such  lease  may  contain   provisions  requiring  the  lessee  to  construct facilities adequate to   support and  maintain,  without  interference,  the  public  parking  or   off-street  loading  facilities  being  conducted by the municipality or   urban renewal  agency  and  may  also  contain  such  other  provisions,   conditions  and restrictions as the municipality or urban renewal agency   may   prescribe.   Any   buildings,   structures,    substructures    or   superstructures,  the  title  to  which  remains in the lessee, shall be   deemed to be real property  for  purposes  of  taxation  as  defined  in   subdivision  twelve  of section one hundred two of the real property tax   law.3. Any municipal corporation, acting through its board of estimate  or   other  governing body, may, in addition to exercising the powers granted   to it by subdivision two hereof, sell, lease for a  term  not  exceeding   ninety-nine  years,  or  otherwise  dispose  of any real property or any   interest therein owned by it or acquired by it pursuant to this section,   to any person, firm, or corporation at the highest marketable  price  or   rental at public auction or by sealed bids pursuant to the provisions of   any  general,  special  or  local  law applicable to the sale, lease, or    disposition of real property by  such  municipal  corporation,  for  the   purpose  of  the  construction or establishment on such real property of   public parking garages or public parking  spaces  or  public  off-street   loading  facilities  for  the  relief  of traffic congestion and for the   maintenance and operation thereof. Any deed,  lease,  or  instrument  by   which  real  property or any interest therein is conveyed or disposed of   shall contain provisions requiring the purchaser, grantee, or lessee  to   construct  or establish on such real property one or more public parking   garages or public parking spaces or public off-street loading facilities   and to maintain  and  operate  the  same  for  such  period  as  may  be   prescribed  by the board of estimate or other governing body, provisions   fixing or providing for the approval by the board of estimate  or  other   analogous  body of rates to be charged for the use of such facilities by   the operators thereof, and may also contain provisions  authorizing  the   use of such portion of the property for other commercial purposes as may   be  necessary to provide revenue adequate to permit the operation of the   principal portion of the property for public parking garages and  public   parking  space  or  public  off-street  loading facilities. Such deed or   instrument  may  contain   such   other   provisions,   conditions   and   restrictions, including specifications relating to construction, and the   rentals at which such property may be leased or subleased by the grantee   or  lessee  as  the  board  of  estimate  or  other  governing  body may   prescribe. The prior consent of the city planning  commission  or  other   analogous  body  of such municipal corporation shall be required for the   acquisition by such municipal corporation of property for  the  purposes   of  this  subdivision, which prior consent shall be based upon a finding   by such  city  planning  commission  or  other  analogous  body  of  the   desirability thereof and after a public hearing thereon.4. As used in this section:a.  The term "public garage" shall mean any building or facility where   motor vehicles are parked, stored, serviced or repaired, and whose space   and facilities are available to the  public,  with  or  without  fee  or   charge,  without  regard to the residence, business or employment of the   motor vehicle owner or operator seeking such space or facilities.b. The term  "public  off-street  loading  facility"  shall  mean  any   building  or  area  for  the loading or unloading of trucks, trailers or   other similar vehicles and the temporary  storage  of  goods  incidental   thereto, which space and facilities shall be made available hereunder to   the  public with or without fee or charge upon such terms and conditions   as may be prescribed by the board of estimate or other governing body.5. A town, or a town parking district, and  a  village  wholly  within   such  town  may,  as  herein  provided,  jointly  acquire  lands for and   maintain and operate  parking  garages  and  parking  spaces  or  public   off-street  loading facilities in the manner and for the purposes herein   specified. Taxes levied for  the  town's  share  of  the  cost  of  such   acquisition,  maintenance  and  operation  shall  be  a  charge upon the   taxable property of that part of the town outside of such  village,  and   shall  be  assessed,  levied and collected therefrom. Taxes levied for a   parking district's share of the cost of  such  acquisition,  maintenance   and  operation  shall be a charge upon the taxable property of that part   of the parking district outside of such village and shall  be  assessed,   levied and collected therefrom.6. The governing body of any municipal corporation may direct that the   whole   of  the  expense  of  the  acquisition  of  lands  for  and  the   construction of parking garages and parking spaces or public  off-street   loading  facilities  be assessed upon property deemed benefited, or that   the whole or part thereof be charged to  the  municipal  corporation  at   large  and  the  remainder  if  any,  assessed  upon the property deemed    benefited.  Proceedings for the assessment of the cost of acquisition of   land for and construction of  parking  garages  and  parking  spaces  or   public  off-street  loading  facilities shall be the same as for a local   improvement assessment of other public work.