N.Y. Public Authorities Law § 1731: Community participation

§ 1731. Community participation. 1. Prior to the commencing of new

construction or building additions of an educational facility, or the

acquisition of real property or any interest therein for such purpose,

the authority shall file a copy of the site plan of such facility in its

offices and shall provide a copy thereof to the city board, the city

planning commission and the community school district education council

and the community board of the district in which the facility will be

located. The authority shall also provide a copy of such plan to the

council member, senator and member of assembly representing the district

in which the facility will be located. Such plan shall include data on

projected student population for the community school district or

districts and the community board or boards affected, the source of that

data and the reason the proposed action is necessary and how such plan

factors and accounts for student population projections. Upon request,

any other person shall be furnished with such plan or a summary thereof.

The authority shall publish in a newspaper of general circulation in the

city a notice of the filing of such plan and the availability of the

plan and a summary thereof. Such plan shall include, in the case of any

project for which the acquisition of real property or interest therein

is proposed, the recommended site, any alternate sites considered, and

any rationale as to why the alternate sites were not selected.

2. Within thirty days after publication of the notice required under

subdivision one of this section, a public hearing with sufficient public

notice shall be held by each affected community school district

education council on any or all aspects of the site plan and by each

affected community board on aspects of the site plan which relate to the

general public use of the educational facility and to its impact on the

surrounding community, including but not limited to the responsiveness

of the site plan to projected changes in student population in the

affected community board or boards and how such plan factors and

accounts for student population projections. The affected board may

request the attendance of representatives of the authority or the city

board at a hearing and the authority or the city board shall comply with

such requests. If the proposed project affects two or more school

districts or community boards, then a hearing may be held jointly by the

affected community school district education council and/or the affected

community boards. Any affected community school district education

council, together with any affected community board, may at their mutual

discretion, elect to conduct a hearing jointly.

3. Within forty-five days after publication of such notice, each

affected community school district education council or community board

shall prepare and submit to the authority, written comments on the site

plan. Any other organization or person shall also have the opportunity

to present written comments on the plan during this period. Each comment

received by the authority on such plan at any time prior to action being

taken by the authority on the plan shall be considered by the authority

in connection with such action.

4. After due consideration of such comments, if any, the authority may

affirm, modify or withdraw the plan.

5. Nothing herein shall preclude the authority from holding hearings

on the site plan, provided, however, that any such hearings on the site

plan shall be conducted within the period specified in subdivision three

of this section.