§ 980-D — District plan

§ 980-d. District plan. (a) The legislative body of any municipality\nother than a municipality having a population of one million or more may\nprovide by resolution for the preparation of a district plan, upon its\nown motion, or at the request of the chief executive officer or an\nindividual or agency designated by such officer, or upon the written\npetition, signed and acknowledged, of (1) the owners of at least\nfifty-one percent of the assessed valuation of all the taxable real\nproperty within the boundaries of the district proposed for\nestablishment or extension, as shown upon the latest completed\nassessment roll of the municipality, and (2) at least fifty-one percent\nof the owners of real property within the area included in the district\nproposed for establishment or extension. In a municipality having a\npopulation of one million or more, the chief executive officer may\nprovide for the preparation of a district plan, upon his or her own\ninitiative, or at the request of an individual or agency designated by\nsuch officer, or at the request of the city council, or upon the written\npetition, signed and acknowledged, of such owners described in\nparagraphs one and two of this subdivision.\n (b) The establishment or extension of a district shall be based upon\nthe district plan filed in the office of the municipal clerk, except as\nprovided in subdivision (c) of this section.\n (c) In any city having a population of one million or more, the\ndistrict plan shall first be submitted to the city planning commission\nwhich shall forward a copy within five days to the city council and to\nthe council member or members representing the council district or\ndistricts in which the proposed district is located, to the community\nboard or boards for the community district or districts in which the\nproposed district is located, and to the respective borough board and\nborough president, if the plan involves properties located in two or\nmore community districts. Each community board shall notify the public\nof the proposed plan in accordance with the requirements established by\nthe city planning commission, and may conduct a public hearing and\nsubmit a written recommendation to the city planning commission not\nlater than thirty days after receipt of the plan. The city planning\ncommission shall review the plan and recommendations, and, after a\npublic hearing, prepare a report. The city planning commission shall\nsubmit its report to the mayor, to the affected borough president, to\nthe city council and to the council member or members representing the\ncouncil district or districts in which the proposed district is located,\ntogether with copies of any recommendation of a community board, within\nsixty days from the date of expiration of the community board's period\nfor reviewing the plan and submitting recommendations. This report shall\ncertify the city planning commission's unqualified approval, disapproval\nor qualified approval with recommendations for modifications of the\ndistrict plan. A copy of this report together with the original\ndistrict plan shall be transmitted for filing with the city clerk. In\nthe event the city planning commission shall fail to submit its report\nwithin ninety-five days of receipt of the original district plan, it\nshall be required to immediately transmit the original plan to the city\nclerk for filing and no report of the city planning commission shall be\nnecessary.\n (d) All district plans shall conform with the requirements of this\narticle. The legislative body may determine that the plan or any part of\nthe plan, shall be prepared by, or under the supervision of municipal\nofficers and employees to be designated by the legislative body, or by\npersons or firms to be employed for that purpose, provided, however,\nthat in a municipality having a population of one million or more, such\ndetermination and designation shall be made by the chief executive\nofficer. Except as otherwise provided in this article, the expense\nincurred for the preparation of the plan or part of the plan shall be a\nmunicipal charge.\n (e) If the municipality shall thereafter establish or extend the\ndistrict or provide the improvements or additional services or contract\nfor the required services, the expense incurred by the municipality for\nthe preparation of the plan or any part of the plan shall be deemed to\nbe part of the cost of the improvement, or the rendering of additional\nservices, and the municipality shall be reimbursed in the amount paid,\nor the portion of that amount which the legislative body, at a public\nhearing held pursuant to this article, shall allocate against the\ndistrict.\n