Section 202. Definitions  


Latest version.
  • The following terms, whenever used or referred to
      in this article, shall, unless a different intent clearly  appears  from
      the context, be construed as follows:
        The  term  "development  area"  shall  mean that portion of an area to
      which a development plan is applicable.
        The term "development cost" shall mean the amount  determined  by  the
      supervising  agency  to be the actual cost of the development, or of the
      part thereof for which such determination is made,  and  shall  include,
      among  other  costs,  the  reasonable costs of planning the development,
      including preliminary studies and surveys,  neighborhood  planning,  and
      architectural and engineering services, legal and incorporation expense,
      the  actual  cost, if any, of alleviating hardship to families occupying
      dwelling accommodations in the  development  area  where  such  hardship
      results from the execution of the development plan, the reasonable costs
      of   financing   the  development,  including  carrying  charges  during
      construction, working capital in an amount not exceeding five per centum
      of development cost, the actual cost of the real  property  included  in
      the  development,  or  if  such  real  property or any part thereof were
      acquired partly or wholly in exchange for securities,  then,  an  amount
      which  shall be approved by the supervising agency as being equal to the
      reasonable value of the real property acquired therefor, the actual cost
      of demolition of existing structures,  the  actual  cost  of  utilities,
      landscaping and roadways, the amount of special assessments subsequently
      paid,  the  actual  cost  of  construction,  equipment and furnishing of
      buildings and improvements,  including  architectural,  engineering  and
      builder's  fees,  the  actual  cost  of  reconstruction, rehabilitation,
      remodeling or initial repair of  existing  buildings  and  improvements,
      reasonable  management costs until the development is ready for use, and
      the actual cost of improving that portion of the development area  which
      is  to remain as open space, together with such additions to development
      cost as shall equal the actual cost of additions to or  changes  in  the
      development  in  accordance  with the original development plan or after
      approved changes in or amendments thereto.
        The term "development plan" shall mean a plan for the redevelopment of
      all or any part of an area, and shall  include  any  amendments  thereto
      approved  in  accordance  with  the  requirements  of  paragraph five of
      section two hundred three of this article.
        The term "dividend year" shall mean, whether or  not  there  exists  a
      maximum exemption period with respect to any one or more parcels of real
      property,  any  of  the recurrent periods of one year each ending on the
      last day of the calendar month immediately preceding the calendar  month
      in  which  the  assessment-rolls  for  the purpose of city taxes on real
      property  are  finally  warranted  to  the  official,   bureau,   board,
      commission  or  agency  charged  with  collecting  such taxes. The first
      dividend year may be a period of less than one year commencing with  the
      beginning  of  the  execution of the development plan and ending on such
      last day of such calendar month.
        The terms "local  taxation"  and  "local  tax"  shall  include  state,
      county,  city,  and  school  taxes,  any special district taxes, and any
      other tax on real  property,  but  shall  not  include  assessments  for
      benefit improvements.
        The  term "maximum assessed valuation" shall mean, with respect to any
      local tax on any parcel of real property, the assessed valuation of such
      parcel appearing on the last assessment-roll warranted to the  official,
      bureau,   board,  commission  or  agency  charged  with  collecting  the
      particular local tax involved, before the commencement  of  the  maximum
      exemption period for such parcel.
    
        The  term  "maximum  exemption period" shall mean, with respect to any
      parcel of real property, the period commencing with the  acquisition  of
      such  parcel  by  the  redevelopment corporation, or the issuance of the
      certificate of approval  required  by  paragraph  four  of  section  two
      hundred  three  of this article, whichever is later in time, and lasting
      for such period, not exceeding ten years from the date of completion, as
      certified to by the city department or  body  having  jurisdiction  over
      buildings and improvements, of the buildings or improvements required to
      be  built  on  or made to such parcel by the development plan, as may be
      designated in the ordinance or local law, if any, adopted or enacted  by
      the  local  legislative  body  pursuant  to paragraph one of section two
      hundred eleven of this article, but not in excess of the period of  time
      during  which such parcel of real property is owned by the redevelopment
      corporation.
        The term "maximum dividend" shall mean, with respect to  any  dividend
      year,  an  amount  equal to five per centum of development cost less all
      amounts payable during the dividend year as  interest  on,  but  not  as
      amortization of, any indebtedness of the redevelopment corporation.  The
      maximum  dividend,  however,  may  be apportioned in accordance with the
      provisions of section two hundred seventeen of this article. The maximum
      dividend may change from time to time  in  accordance  with  changes  in
      development  cost,  in outstanding indebtedness and in capital structure
      due to refunding operations.
        The term "maximum local tax" shall mean,  with  respect  to  each  and
      every local tax on any parcel of real property the local tax which would
      have  been  payable  on  such  parcel  if the assessed valuation for the
      purpose of such local tax had been, contrary to fact if need  be,  equal
      to the maximum assessed valuation thereof.
        The  term  "minimum  condemnation  requirement"  shall  mean  land and
      buildings or improvements constituting fifty-one per centum or  more  of
      the land area and fifty-one per centum or more by assessed valuation for
      the  purpose of city taxes of the land and buildings or improvements, as
      of the date of the issuance of the certificate of approval  required  by
      paragraph four of section two hundred three of this article, of all land
      and  buildings  or  improvements fee title to which is to be acquired by
      the redevelopment corporation pursuant to the  development  plan,  which
      are  not  exempt otherwise than by this article in whole or in part from
      local taxation, which are included in that stage of the development plan
      in which is located the real property sought to be condemned.
        The term "planning commission" shall mean the official bureau,  board,
      commission  or agency of the city established under the general city law
      or under a home rule charter and authorized to prepare, adopt and  amend
      or modify a master plan for the development of the city.
        The   term  "redevelopment"  shall  mean  the  clearance,  replanning,
      reconstruction or rehabilitation of an area or  part  thereof,  and  the
      provision   of   such  industrial,  commercial,  residential  or  public
      structures or spaces as may be appropriate, including  recreational  and
      other facilities incidental or appurtenant thereto.
        The   term   "redevelopment  corporation"  shall  mean  a  corporation
      heretofore or hereafter  organized  pursuant  to  article  four  of  the
      business corporation law whose certificate of incorporation shall comply
      with the requirements of section two hundred five of this article.
        The  term  "supervising  agency"  shall  mean  the  official,  bureau,
      commission or agency appointed, established or designated by  the  local
      legislative  body  pursuant to section two hundred four of this article,
      except that if there is a board of estimate in the city, it  shall  mean
      such board of estimate.