2023 New York Laws › GMU - General Municipal › Article 19-A - Business Improvement Districts › 980-D - District Plan.

§  980-d.  District plan. (a) The legislative body of any municipality
other than a municipality having a population of one million or more may
provide by resolution for the preparation of a district plan,  upon  its
own  motion,  or  at  the  request  of the chief executive officer or an
individual or agency designated by such officer,  or  upon  the  written
petition,  signed  and  acknowledged,  of  (1)  the  owners  of at least
fifty-one percent of the assessed valuation  of  all  the  taxable  real
property   within   the   boundaries   of   the  district  proposed  for
establishment  or  extension,  as  shown  upon  the   latest   completed
assessment  roll of the municipality, and (2) at least fifty-one percent
of the owners of real property within the area included in the  district
proposed  for  establishment  or  extension.  In a municipality having a
population of one million or  more,  the  chief  executive  officer  may
provide  for  the  preparation  of  a district plan, upon his or her own
initiative, or at the request of an individual or agency  designated  by
such officer, or at the request of the city council, or upon the written
petition,   signed   and  acknowledged,  of  such  owners  described  in
paragraphs one and two of this subdivision.
(b) The establishment or extension of a district shall be  based  upon
the  district plan filed in the office of the municipal clerk, except as
provided in subdivision (c) of this section.
(c) In any city having a  population  of  one  million  or  more,  the
district  plan  shall first be submitted to the city planning commission
which shall forward a copy within five days to the city council  and  to
the  council  member  or  members  representing  the council district or
districts in which the proposed district is located,  to  the  community
board  or  boards  for  the community district or districts in which the
proposed district is located, and to the respective  borough  board  and
borough  president,  if  the  plan involves properties located in two or
more community districts. Each community board shall notify  the  public
of  the proposed plan in accordance with the requirements established by
the city planning commission, and  may  conduct  a  public  hearing  and
submit  a  written  recommendation  to  the city planning commission not
later than thirty days after receipt of  the  plan.  The  city  planning
commission  shall  review  the  plan  and  recommendations, and, after a
public hearing, prepare a report. The  city  planning  commission  shall
submit  its  report  to the mayor, to the affected borough president, to
the city council and to the council member or members  representing  the
council district or districts in which the proposed district is located,
together  with copies of any recommendation of a community board, within
sixty days from the date of expiration of the community  board's  period
for reviewing the plan and submitting recommendations. This report shall
certify the city planning commission's unqualified approval, disapproval
or  qualified  approval  with  recommendations  for modifications of the
district plan.   A copy  of  this  report  together  with  the  original
district  plan  shall  be transmitted for filing with the city clerk. In
the event the city planning commission shall fail to submit  its  report
within  ninety-five  days  of  receipt of the original district plan, it
shall be required to immediately transmit the original plan to the  city
clerk  for filing and no report of the city planning commission shall be
necessary.
(d) All district plans shall conform with  the  requirements  of  this
article. The legislative body may determine that the plan or any part of
the  plan,  shall  be prepared by, or under the supervision of municipal
officers and employees to be designated by the legislative body,  or  by
persons  or  firms  to  be employed for that purpose, provided, however,
that in a municipality having a population of one million or more,  such
determination  and  designation  shall  be  made  by the chief executive

officer. Except as otherwise  provided  in  this  article,  the  expense
incurred  for the preparation of the plan or part of the plan shall be a
municipal charge.
(e)  If  the  municipality  shall  thereafter  establish or extend the
district or provide the improvements or additional services or  contract
for  the required services, the expense incurred by the municipality for
the preparation of the plan or any part of the plan shall be  deemed  to
be  part  of the cost of the improvement, or the rendering of additional
services, and the municipality shall be reimbursed in the  amount  paid,
or  the  portion  of that amount which the legislative body, at a public
hearing held pursuant  to  this  article,  shall  allocate  against  the
district.