N.Y. General Municipal Law § 980-d: District plan

§ 980-d. District plan. (a) The legislative body of any municipality

other than a municipality having a population of one million or more may

provide by resolution for the preparation of a district plan, upon its

own motion, or at the request of the chief executive officer or an

individual or agency designated by such officer, or upon the written

petition, signed and acknowledged, of (1) the owners of at least

fifty-one percent of the assessed valuation of all the taxable real

property within the boundaries of the district proposed for

establishment or extension, as shown upon the latest completed

assessment roll of the municipality, and (2) at least fifty-one percent

of the owners of real property within the area included in the district

proposed for establishment or extension. In a municipality having a

population of one million or more, the chief executive officer may

provide for the preparation of a district plan, upon his or her own

initiative, or at the request of an individual or agency designated by

such officer, or at the request of the city council, or upon the written

petition, signed and acknowledged, of such owners described in

paragraphs one and two of this subdivision.

(b) The establishment or extension of a district shall be based upon

the district plan filed in the office of the municipal clerk, except as

provided in subdivision (c) of this section.

(c) In any city having a population of one million or more, the

district plan shall first be submitted to the city planning commission

which shall forward a copy within five days to the city council and to

the council member or members representing the council district or

districts in which the proposed district is located, to the community

board or boards for the community district or districts in which the

proposed district is located, and to the respective borough board and

borough president, if the plan involves properties located in two or

more community districts. Each community board shall notify the public

of the proposed plan in accordance with the requirements established by

the city planning commission, and may conduct a public hearing and

submit a written recommendation to the city planning commission not

later than thirty days after receipt of the plan. The city planning

commission shall review the plan and recommendations, and, after a

public hearing, prepare a report. The city planning commission shall

submit its report to the mayor, to the affected borough president, to

the city council and to the council member or members representing the

council district or districts in which the proposed district is located,

together with copies of any recommendation of a community board, within

sixty days from the date of expiration of the community board's period

for reviewing the plan and submitting recommendations. This report shall

certify the city planning commission's unqualified approval, disapproval

or qualified approval with recommendations for modifications of the

district plan. A copy of this report together with the original

district plan shall be transmitted for filing with the city clerk. In

the event the city planning commission shall fail to submit its report

within ninety-five days of receipt of the original district plan, it

shall be required to immediately transmit the original plan to the city

clerk for filing and no report of the city planning commission shall be

necessary.

(d) All district plans shall conform with the requirements of this

article. The legislative body may determine that the plan or any part of

the plan, shall be prepared by, or under the supervision of municipal

officers and employees to be designated by the legislative body, or by

persons or firms to be employed for that purpose, provided, however,

that in a municipality having a population of one million or more, such

determination and designation shall be made by the chief executive

officer. Except as otherwise provided in this article, the expense

incurred for the preparation of the plan or part of the plan shall be a

municipal charge.

(e) If the municipality shall thereafter establish or extend the

district or provide the improvements or additional services or contract

for the required services, the expense incurred by the municipality for

the preparation of the plan or any part of the plan shall be deemed to

be part of the cost of the improvement, or the rendering of additional

services, and the municipality shall be reimbursed in the amount paid,

or the portion of that amount which the legislative body, at a public

hearing held pursuant to this article, shall allocate against the

district.