Section 980-F. Establishment or extension of the district  


Latest version.
  • (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.