Legislation
SECTION 980-D
District plan
General Municipal (GMU) CHAPTER 24, ARTICLE 19-A
§ 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.
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.