Legislation
SECTION 961
Application for empire zone designation
General Municipal (GMU) CHAPTER 24, ARTICLE 18-B
§ 961. Application for empire zone designation. (a) A city, county
(other than a county located wholly within a city), town or village may
adopt a local law authorizing such municipal corporation to prepare and
submit an application to the commissioner for designation of an area
therein as an empire zone; and the adoption of such a local law by the
municipal corporation within which the proposed empire zone is to be
located shall be a prerequisite to the submission of an application for
such designation. Such local law shall also designate the boundaries of
such area, provided, however, that:
(i) a town shall not be authorized and empowered to apply for
designation of an area as an empire zone which is located wholly or
partly within a village unless such action is concurred in by the
governing body of such village, and that a county shall not be
authorized and empowered to apply for designation of an area as an
empire zone unless such action is concurred in by the governing body of
each city, town or village in which such zone is located; and
(ii) no application for designation of an area as an empire zone
pursuant to this article shall be accepted unless the applicant
demonstrates that it has, to the maximum extent feasible, solicited and
considered the views of residents of the proposed zone, the views of
state and local officials elected to represent such residents and the
local private organizations representing such residents.
(b) Each application shall:
(i) be prepared in a manner and form prescribed by regulations
promulgated by the commissioner, and the chief executive of the
applicant shall ensure that the information contained in such
application, to the maximum extent possible, is accurate and complete;
(ii) include evidence of the adoption of an empire zone development
plan by the local governing body of the area in which the empire zone is
to be located;
(iii) identify the local empire zone certification officer and local
empire zone administrative board;
(iv) include a map of the area comprising the proposed empire zone,
showing existing streets, highways, waterways, natural boundaries and
other physical features;
(v) include evidence that the applicant has, to the maximum extent
feasible, solicited and considered the views of residents of the
proposed empire zone and the local governmental and private
organizations representing such residents; and
(vi) include a statement from the private industry council governing
board of the service delivery area established under the job training
partnership act (P.L. 97-300, as amended) that encompasses the proposed
empire zone setting forth the assistance to be provided and the
resources to be allocated for the training of residents in the area and
the operation of job training programs;
(vii) include a statement from the industrial development authority
serving the municipality in which the zone is located and from any other
development finance entity supported by public money setting forth the
assistance to be provided and the resources to be allocated to business
development activities in the zone.
(viii) specify goals and objectives, both short term and long term,
for the economic revitalization of the proposed zone;
(ix) include a description of plans and strategies for providing and
improving human resource development services to residents of the area
comprising the proposed zone and to employees of businesses within said
area, and the methods by which performance in implementing said plans
and strategies will be evaluated;
(x) identify financial commitments the applicant will make to the zone
for activities, including, but not limited to, marketing of the zone for
business development, human resource services for zone residents and
businesses, and services for small and minority and women-owned
businesses;
(xi) identify publicly controlled and other developable lands and
buildings within the proposed zone which are or could be made available
for industrial and commercial development;
(xii) include a statement from the applicant and local economic
development entities, including but not limited to the local development
corporation, local development councils, authorities, agencies and all
other such entities concerned with the economic development of the
municipality; ensuring the complete integration and cooperation of
resources and services for the purposes of providing essential support
for the zone administrator in order for the zone to realize such goals;
(xiii) include demonstration that there is no viable alternative area
available that has existing public sewer or water infrastructure other
than the proposed empire zone.
(other than a county located wholly within a city), town or village may
adopt a local law authorizing such municipal corporation to prepare and
submit an application to the commissioner for designation of an area
therein as an empire zone; and the adoption of such a local law by the
municipal corporation within which the proposed empire zone is to be
located shall be a prerequisite to the submission of an application for
such designation. Such local law shall also designate the boundaries of
such area, provided, however, that:
(i) a town shall not be authorized and empowered to apply for
designation of an area as an empire zone which is located wholly or
partly within a village unless such action is concurred in by the
governing body of such village, and that a county shall not be
authorized and empowered to apply for designation of an area as an
empire zone unless such action is concurred in by the governing body of
each city, town or village in which such zone is located; and
(ii) no application for designation of an area as an empire zone
pursuant to this article shall be accepted unless the applicant
demonstrates that it has, to the maximum extent feasible, solicited and
considered the views of residents of the proposed zone, the views of
state and local officials elected to represent such residents and the
local private organizations representing such residents.
(b) Each application shall:
(i) be prepared in a manner and form prescribed by regulations
promulgated by the commissioner, and the chief executive of the
applicant shall ensure that the information contained in such
application, to the maximum extent possible, is accurate and complete;
(ii) include evidence of the adoption of an empire zone development
plan by the local governing body of the area in which the empire zone is
to be located;
(iii) identify the local empire zone certification officer and local
empire zone administrative board;
(iv) include a map of the area comprising the proposed empire zone,
showing existing streets, highways, waterways, natural boundaries and
other physical features;
(v) include evidence that the applicant has, to the maximum extent
feasible, solicited and considered the views of residents of the
proposed empire zone and the local governmental and private
organizations representing such residents; and
(vi) include a statement from the private industry council governing
board of the service delivery area established under the job training
partnership act (P.L. 97-300, as amended) that encompasses the proposed
empire zone setting forth the assistance to be provided and the
resources to be allocated for the training of residents in the area and
the operation of job training programs;
(vii) include a statement from the industrial development authority
serving the municipality in which the zone is located and from any other
development finance entity supported by public money setting forth the
assistance to be provided and the resources to be allocated to business
development activities in the zone.
(viii) specify goals and objectives, both short term and long term,
for the economic revitalization of the proposed zone;
(ix) include a description of plans and strategies for providing and
improving human resource development services to residents of the area
comprising the proposed zone and to employees of businesses within said
area, and the methods by which performance in implementing said plans
and strategies will be evaluated;
(x) identify financial commitments the applicant will make to the zone
for activities, including, but not limited to, marketing of the zone for
business development, human resource services for zone residents and
businesses, and services for small and minority and women-owned
businesses;
(xi) identify publicly controlled and other developable lands and
buildings within the proposed zone which are or could be made available
for industrial and commercial development;
(xii) include a statement from the applicant and local economic
development entities, including but not limited to the local development
corporation, local development councils, authorities, agencies and all
other such entities concerned with the economic development of the
municipality; ensuring the complete integration and cooperation of
resources and services for the purposes of providing essential support
for the zone administrator in order for the zone to realize such goals;
(xiii) include demonstration that there is no viable alternative area
available that has existing public sewer or water infrastructure other
than the proposed empire zone.