2006 New York Code - Functions, Powers And Duties Of The Board; Annual Designation Of Exemption Areas And Restricted Commercial Uses.

 
    §   489-ccc.  Functions,  powers  and  duties  of  the  board;  annual
  designation of exemption areas and restricted commercial  uses.  1.  The
  members  of  the  board  shall  have the following functions, powers and
  duties:
    (a) to receive and review applications for certificates of eligibility
  pursuant to this title and pursuant  to  any  local  law  authorized  by
  chapter  seven  hundred  seventy-two  of  the  laws  of nineteen hundred
  sixty-six, containing provisions analogous to subsection four-d thereof;
    (b) to make  findings  and  determinations  on  the  qualification  of
  applicant  for  certificates  of  eligibility pursuant to this title and
  pursuant  to  any  local  law  authorized  by  chapter   seven   hundred
  seventy-two  of  the  laws  of  nineteen  hundred  sixty-six, containing
  provisions analogous to subdivision (f) of subsection  one  hundred  one
  thereof;
    (c) to issue certificates of eligibility and amendments thereto;
    (d)  to  make recommendations to the tax commission on the termination
  of a tax exemption pursuant to section four hundred  eighty-nine-ggg  of
  this title;
    (e)  to  designate  annually,  pursuant  to  subdivision  two  of this
  section, areas  in  which  exemptions  for  commercial  construction  or
  reconstruction  shall  be  granted  as  of  right, areas from which such
  exemptions shall be excluded and commercial uses for which the  granting
  of exemptions shall be restricted; and
    (f)  to  make  and  promulgate  rules and regulations to carry out the
  purposes of the board.
    2. (a) Not later than October first  of  each  year  the  board  shall
  publish  a  notice at least once in the official paper or a newspaper of
  general  circulation  in  the  city  setting  forth:  (i)  the  proposed
  boundaries  of  areas in which commercial construction or reconstruction
  shall be granted exemptions as of right, proposed  boundaries  of  areas
  from  which  exemptions  for  commercial  construction or reconstruction
  shall be excluded and proposed restricted commercial uses; and (ii)  the
  date,  not  earlier  than  ten  nor later than thirty days following the
  publication of such notice, on  which  the  board  will  hold  a  public
  hearing  to  hear  all  persons  interested  in  the designation of such
  boundaries and restricted commercial uses.
    (b) Not earlier than ten nor later  than  thirty  days  following  the
  conclusion  of  the public hearing provided for in paragraph (a) of this
  subdivision, the board shall designate the boundaries of areas in  which
  exemptions  for  commercial  construction  or  reconstruction  shall  be
  granted as of right and  areas  from  which  such  exemptions  shall  be
  excluded  and  shall  also  designate  restricted  commercial uses. Such
  designations shall be made upon the following determinations:
    (i)  With  respect  to  areas  in  which  exemption   for   commercial
  construction  or  reconstruction shall be granted as of right, the board
  shall determine that market  conditions  in  each  area  are  such  that
  exemptions   are   required   to   attract  commercial  construction  or
  reconstruction to the area and  that  attracting  such  construction  or
  reconstruction,  and  the  granting  of  exemptions therefor, are in the
  public interest. In making such determination, the board  may  consider,
  among  other factors, that the area is experiencing economic distress or
  is characterized by an unusually large number of vacant,  underutilized,
  unsuitable   or   substandard   structures,  or  by  other  substandard,
  unsanitary, deteriorated or deteriorating conditions,  with  or  without
  tangible  blight,  or  that  commercial  development in the area will be
  beneficial to the city's economy.
    (ii) With respect  to  areas  from  which  exemptions  for  commercial
  construction  or  reconstruction  are  to  be  excluded, the board shall
  determine that market conditions in each area are such  that  exemptions
  are not required to attract commercial construction or reconstruction to
  the  area,  or that it is not in the public interest to grant exemptions
  for   commercial   construction   or  reconstruction  in  the  area.  No
  applications   for   exemptions   for   commercial    construction    or
  reconstruction shall be accepted from such areas.
    (iii)  With  respect  to  restricted  commercial uses, the board shall
  determine that it is not in the public interest to grant exemptions  for
  such  uses  unless  the  board  further determines that in certain areas
  designated  pursuant  to  this  subdivision,  such  uses  will  have  an
  especially  positive  impact on the area's economy. All applications for
  exemptions for restricted commercial uses shall be  determined  pursuant
  to  paragraphs  (b)  and  (c) of subdivision two of section four hundred
  eighty-nine-eee of this title.
    (c) Designations made pursuant to this subdivision shall be  effective
  on the first day of January of each year.
    3. So far as practicable and subject to the approval of the mayor, the
  services  of  all  other  city  departments  and  agencies shall be made
  available by their respective heads to the board for the carrying out of
  the functions stated in this title. The head of any department or agency
  shall furnish information in the possession of such department or agency
  when the board, after consultation with the mayor, so requests.