2019 New York Laws
GMU - General Municipal
Article 18-B - New York State Empire Zones
961 - Application for Empire Zone Designation.

§  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.