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This entry was published on 2014-09-22
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SECTION 980-F
Establishment or extension of the district
General Municipal (GMU) CHAPTER 24, ARTICLE 19-A
§ 980-f. Establishment or extension of the district. (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.