2023 New York Laws › GMU - General Municipal › Article 19-A - Business Improvement Districts › 980-F - Establishment or Extension of the District.

§  980-f.  Establishment or extension of the district. (a) Not earlier
than thirty days after the conclusion of the  last  day  of  the  public
hearing  held pursuant to section nine hundred eighty-e of this article,
the legislative body shall determine:
(1) whether the notice of hearing for all hearings required to be held
was published and mailed as required by law and is otherwise sufficient;
(2) except as otherwise provided in section nine hundred  eighty-a  of
this  article whether all the real property within the boundaries of the
proposed district or extension will benefit from  the  establishment  or
extension of the district;
(3)  whether  all  the  real property benefited is included within the
limits of the proposed district or extension; and
(4) whether the establishment or extension of the district is  in  the
public interest.
(b)  (1)  If  the  legislative  body  shall  determine the question of
paragraph four of subdivision (a) of this section in the negative, or if
the requisite number of owners shall  have  filed  their  objections  as
provided   in  section  nine  hundred  eighty-e  of  this  article,  the
legislative body shall adopt a resolution disapproving the establishment
or extension of the district, stating the reasons for its  determination
and enter the same in the minutes of its proceedings. Thereafter no plan
for  the establishment or extension of a district to include any part of
the property proposed to be included in the disapproved district may  be
prepared  as  provided  in section nine hundred eighty-d of this article
until the expiration of at least one year from the date of disapproval.
(2) If the legislative body shall find that notice was incorrectly  or
insufficiently  given  or  that, except as otherwise provided in section
nine hundred eighty-a of this article, any part or portion of  the  real
property  within the boundaries of the proposed district or extension is
not benefited thereby or that certain property benefited thereby has not
been included therein, it shall call a further  hearing  at  a  definite
place  and  time  not less than ten nor more than thirty days after this
determination. In the resolution calling such hearing, it shall  specify
the  necessary  changes,  if  any,  to  the  boundaries  of the proposed
district or extension to be made in  order  that,  except  as  otherwise
provided  in  section  nine hundred eighty-a of this article, all of the
real property and only that real property as is deemed  benefited  shall
be  included  within  the  the  boundaries  of  the proposed district or
extension. Such a further hearing shall also be required  in  the  event
that  the legislative body proposes to amend the district plan to reduce
or provide additional improvements  or  services  not  included  in  the
original  plan prior to the establishment of the district. Notice of the
further hearing shall be published and mailed in the manner provided  in
section  nine  hundred  eighty-e  of  this  article,  except that, where
boundaries are to be altered, this notice shall also specify the  manner
in which it is proposed to alter the boundaries of the proposed district
or  extension. The further hearing shall be conducted in the same manner
as the original hearing.
(c)  If  and  when  the  legislative  body  shall  determine  in   the
affirmative  all  of  the questions set forth in subdivision (a) of this
section, and provided that the requisite number of owners shall not have
objected as provided in section nine hundred eighty-e of  this  article,
it may adopt a local law approving the establishment or extension of the
district   as  the  boundaries  shall  be  finally  determined  and  the
construction of the improvement or  providing  of  the  service  in  the
district.  Such  local  law  shall become effective only upon compliance
with section nine hundred eighty-g of this article.
(d) Upon the recommendation of the district management association and
after a public hearing, the legislative body may adopt a  local  law  at
any time prior to or after the establishment of a district to change the
method  of  assessment  as  set forth in the plan. Notice of such public
hearing  and  a description of the proposed change shall be given in the
manner set forth in section nine hundred eighty-e of this article.
(e) Notwithstanding the  provisions  of  this  article,  the  Town  of
Woodbury  in  the  county  of Orange is hereby authorized to establish a
business improvement  district  solely  for  the  purpose  of  providing
additional  security  services  for  the  property  encompassed  by  and
commonly known as Woodbury Commons.