§ 72-J — Parking garages and parking spaces; public off-street loading facilities

New York § 72-J

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 5: Powers, Limitations and Liabilities

Text

§ 72-j. Parking garages and parking spaces; public off-street loading\nfacilities. 1. The governing board or other appropriate authority of a\nmunicipal corporation may acquire by purchase, gift, devise, lease,\ncondemnation or otherwise, in accordance with the provisions of any\nappropriate general, special, or local law applicable to the acquisition\nof real property by a municipal corporation, real property or any\ninterest therein necessary for or incidental to the construction or\noperation of parking garages or parking spaces or public off-street\nloading facilities for the relief of traffic congestion either as\nprovided in subdivision two hereof or as provided in subdivision three\nhereof.\n 2. a. A municipal corporation or an urban renewal agency may construct\nand operate such garages or spaces or public off-street loading\nfacilities including the use of such portion of the property for other\ncommercial uses as may be necessary to provide revenue adequate to\npermit the operation of the principal portion of the property for such\ngarages or spaces or public off-street loading facilities, may charge\nsuch rentals or fees for their use and make such other provisions for\ntheir operation and management as it may deem necessary, and may enter\ninto contracts for their construction or operation subject to such\nconditions as it may impose for the service of the public and the\nprotection of the public interest. When in furtherance of an urban\nrenewal program such parking garage or spaces or public off-street\nloading facilities are constructed and operated pursuant to a duly\napproved urban renewal plan, the same or a portion thereof may be sold,\nleased for a term not exceeding ninety-nine years, or otherwise disposed\nof, to any person, firm or corporation, without public auction or sealed\nbids, subject to such conditions as it may impose for the service of the\npublic and the protection of the public interest, provided such sale,\nlease or disposal is made in accordance with and pursuant to the\nprovisions of section five hundred seven of this chapter.\n b. In addition to such powers as may be granted by any other law or by\nany other subdivision of this section, a municipal corporation or an\nurban renewal agency may lease, for a term not exceeding ninety-nine\nyears, such air rights over or the subsurface areas under any property\nacquired or to be acquired for garages, spaces or public off-street\nloading facilities, together with easements or other rights of user\nnecessary for the use and development of such air rights or subsurface\nareas, as are not needed for public purposes, to any person, firm or\ncorporation for commercial or private use. Any such lease may contain\nprovisions requiring the lessee to construct facilities adequate to\nsupport and maintain, without interference, the public parking or\noff-street loading facilities being conducted by the municipality or\nurban renewal agency and may also contain such other provisions,\nconditions and restrictions as the municipality or urban renewal agency\nmay prescribe. Any buildings, structures, substructures or\nsuperstructures, the title to which remains in the lessee, shall be\ndeemed to be real property for purposes of taxation as defined in\nsubdivision twelve of section one hundred two of the real property tax\nlaw.\n 3. Any municipal corporation, acting through its board of estimate or\nother governing body, may, in addition to exercising the powers granted\nto it by subdivision two hereof, sell, lease for a term not exceeding\nninety-nine years, or otherwise dispose of any real property or any\ninterest therein owned by it or acquired by it pursuant to this section,\nto any person, firm, or corporation at the highest marketable price or\nrental at public auction or by sealed bids pursuant to the provisions of\nany general, special or local law applicable to the sale, lease, or\ndisposition of real property by such municipal corporation, for the\npurpose of the construction or establishment on such real property of\npublic parking garages or public parking spaces or public off-street\nloading facilities for the relief of traffic congestion and for the\nmaintenance and operation thereof. Any deed, lease, or instrument by\nwhich real property or any interest therein is conveyed or disposed of\nshall contain provisions requiring the purchaser, grantee, or lessee to\nconstruct or establish on such real property one or more public parking\ngarages or public parking spaces or public off-street loading facilities\nand to maintain and operate the same for such period as may be\nprescribed by the board of estimate or other governing body, provisions\nfixing or providing for the approval by the board of estimate or other\nanalogous body of rates to be charged for the use of such facilities by\nthe operators thereof, and may also contain provisions authorizing the\nuse of such portion of the property for other commercial purposes as may\nbe necessary to provide revenue adequate to permit the operation of the\nprincipal portion of the property for public parking garages and public\nparking space or public off-street loading facilities. Such deed or\ninstrument may contain such other provisions, conditions and\nrestrictions, including specifications relating to construction, and the\nrentals at which such property may be leased or subleased by the grantee\nor lessee as the board of estimate or other governing body may\nprescribe. The prior consent of the city planning commission or other\nanalogous body of such municipal corporation shall be required for the\nacquisition by such municipal corporation of property for the purposes\nof this subdivision, which prior consent shall be based upon a finding\nby such city planning commission or other analogous body of the\ndesirability thereof and after a public hearing thereon.\n 4. As used in this section:\n a. The term "public garage" shall mean any building or facility where\nmotor vehicles are parked, stored, serviced or repaired, and whose space\nand facilities are available to the public, with or without fee or\ncharge, without regard to the residence, business or employment of the\nmotor vehicle owner or operator seeking such space or facilities.\n b. The term "public off-street loading facility" shall mean any\nbuilding or area for the loading or unloading of trucks, trailers or\nother similar vehicles and the temporary storage of goods incidental\nthereto, which space and facilities shall be made available hereunder to\nthe public with or without fee or charge upon such terms and conditions\nas may be prescribed by the board of estimate or other governing body.\n 5. A town, or a town parking district, and a village wholly within\nsuch town may, as herein provided, jointly acquire lands for and\nmaintain and operate parking garages and parking spaces or public\noff-street loading facilities in the manner and for the purposes herein\nspecified. Taxes levied for the town's share of the cost of such\nacquisition, maintenance and operation shall be a charge upon the\ntaxable property of that part of the town outside of such village, and\nshall be assessed, levied and collected therefrom. Taxes levied for a\nparking district's share of the cost of such acquisition, maintenance\nand operation shall be a charge upon the taxable property of that part\nof the parking district outside of such village and shall be assessed,\nlevied and collected therefrom.\n 6. The governing body of any municipal corporation may direct that the\nwhole of the expense of the acquisition of lands for and the\nconstruction of parking garages and parking spaces or public off-street\nloading facilities be assessed upon property deemed benefited, or that\nthe whole or part thereof be charged to the municipal corporation at\nlarge and the remainder if any, assessed upon the property deemed\nbenefited. Proceedings for the assessment of the cost of acquisition of\nland for and construction of parking garages and parking spaces or\npublic off-street loading facilities shall be the same as for a local\nimprovement assessment of other public work.\n