N.Y. General Municipal Law § 72-j: Parking garages and parking spaces; public off-street loading facilities

§ 72-j. Parking garages and parking spaces; public off-street loading

facilities. 1. The governing board or other appropriate authority of a

municipal corporation may acquire by purchase, gift, devise, lease,

condemnation or otherwise, in accordance with the provisions of any

appropriate general, special, or local law applicable to the acquisition

of real property by a municipal corporation, real property or any

interest therein necessary for or incidental to the construction or

operation of parking garages or parking spaces or public off-street

loading facilities for the relief of traffic congestion either as

provided in subdivision two hereof or as provided in subdivision three

hereof.

2. a. A municipal corporation or an urban renewal agency may construct

and operate such garages or spaces or public off-street loading

facilities including the use of such portion of the property for other

commercial uses as may be necessary to provide revenue adequate to

permit the operation of the principal portion of the property for such

garages or spaces or public off-street loading facilities, may charge

such rentals or fees for their use and make such other provisions for

their operation and management as it may deem necessary, and may enter

into contracts for their construction or operation subject to such

conditions as it may impose for the service of the public and the

protection of the public interest. When in furtherance of an urban

renewal program such parking garage or spaces or public off-street

loading facilities are constructed and operated pursuant to a duly

approved urban renewal plan, the same or a portion thereof may be sold,

leased for a term not exceeding ninety-nine years, or otherwise disposed

of, to any person, firm or corporation, without public auction or sealed

bids, subject to such conditions as it may impose for the service of the

public and the protection of the public interest, provided such sale,

lease or disposal is made in accordance with and pursuant to the

provisions of section five hundred seven of this chapter.

b. In addition to such powers as may be granted by any other law or by

any other subdivision of this section, a municipal corporation or an

urban renewal agency may lease, for a term not exceeding ninety-nine

years, such air rights over or the subsurface areas under any property

acquired or to be acquired for garages, spaces or public off-street

loading facilities, together with easements or other rights of user

necessary for the use and development of such air rights or subsurface

areas, as are not needed for public purposes, to any person, firm or

corporation for commercial or private use. Any such lease may contain

provisions requiring the lessee to construct facilities adequate to

support and maintain, without interference, the public parking or

off-street loading facilities being conducted by the municipality or

urban renewal agency and may also contain such other provisions,

conditions and restrictions as the municipality or urban renewal agency

may prescribe. Any buildings, structures, substructures or

superstructures, the title to which remains in the lessee, shall be

deemed to be real property for purposes of taxation as defined in

subdivision twelve of section one hundred two of the real property tax

law.

3. Any municipal corporation, acting through its board of estimate or

other governing body, may, in addition to exercising the powers granted

to it by subdivision two hereof, sell, lease for a term not exceeding

ninety-nine years, or otherwise dispose of any real property or any

interest therein owned by it or acquired by it pursuant to this section,

to any person, firm, or corporation at the highest marketable price or

rental at public auction or by sealed bids pursuant to the provisions of

any general, special or local law applicable to the sale, lease, or

disposition of real property by such municipal corporation, for the

purpose of the construction or establishment on such real property of

public parking garages or public parking spaces or public off-street

loading facilities for the relief of traffic congestion and for the

maintenance and operation thereof. Any deed, lease, or instrument by

which real property or any interest therein is conveyed or disposed of

shall contain provisions requiring the purchaser, grantee, or lessee to

construct or establish on such real property one or more public parking

garages or public parking spaces or public off-street loading facilities

and to maintain and operate the same for such period as may be

prescribed by the board of estimate or other governing body, provisions

fixing or providing for the approval by the board of estimate or other

analogous body of rates to be charged for the use of such facilities by

the operators thereof, and may also contain provisions authorizing the

use of such portion of the property for other commercial purposes as may

be necessary to provide revenue adequate to permit the operation of the

principal portion of the property for public parking garages and public

parking space or public off-street loading facilities. Such deed or

instrument may contain such other provisions, conditions and

restrictions, including specifications relating to construction, and the

rentals at which such property may be leased or subleased by the grantee

or lessee as the board of estimate or other governing body may

prescribe. The prior consent of the city planning commission or other

analogous body of such municipal corporation shall be required for the

acquisition by such municipal corporation of property for the purposes

of this subdivision, which prior consent shall be based upon a finding

by such city planning commission or other analogous body of the

desirability thereof and after a public hearing thereon.

4. As used in this section:

a. The term "public garage" shall mean any building or facility where

motor vehicles are parked, stored, serviced or repaired, and whose space

and facilities are available to the public, with or without fee or

charge, without regard to the residence, business or employment of the

motor vehicle owner or operator seeking such space or facilities.

b. The term "public off-street loading facility" shall mean any

building or area for the loading or unloading of trucks, trailers or

other similar vehicles and the temporary storage of goods incidental

thereto, which space and facilities shall be made available hereunder to

the public with or without fee or charge upon such terms and conditions

as may be prescribed by the board of estimate or other governing body.

5. A town, or a town parking district, and a village wholly within

such town may, as herein provided, jointly acquire lands for and

maintain and operate parking garages and parking spaces or public

off-street loading facilities in the manner and for the purposes herein

specified. Taxes levied for the town's share of the cost of such

acquisition, maintenance and operation shall be a charge upon the

taxable property of that part of the town outside of such village, and

shall be assessed, levied and collected therefrom. Taxes levied for a

parking district's share of the cost of such acquisition, maintenance

and operation shall be a charge upon the taxable property of that part

of the parking district outside of such village and shall be assessed,

levied and collected therefrom.

6. The governing body of any municipal corporation may direct that the

whole of the expense of the acquisition of lands for and the

construction of parking garages and parking spaces or public off-street

loading facilities be assessed upon property deemed benefited, or that

the whole or part thereof be charged to the municipal corporation at

large and the remainder if any, assessed upon the property deemed

benefited. Proceedings for the assessment of the cost of acquisition of

land for and construction of parking garages and parking spaces or

public off-street loading facilities shall be the same as for a local

improvement assessment of other public work.