N.Y. General Municipal Law § 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.