§ 980-F — Establishment or extension of the district

§ 980-f. Establishment or extension of the district. (a) Not earlier\nthan thirty days after the conclusion of the last day of the public\nhearing held pursuant to section nine hundred eighty-e of this article,\nthe legislative body shall determine:\n (1) whether the notice of hearing for all hearings required to be held\nwas published and mailed as required by law and is otherwise sufficient;\n (2) except as otherwise provided in section nine hundred eighty-a of\nthis article whether all the real property within the boundaries of the\nproposed district or extension will benefit from the establishment or\nextension of the district;\n (3) whether all the real property benefited is included within the\nlimits of the proposed district or extension; and\n (4) whether the establishment or extension of the district is in the\npublic interest.\n (b) (1) If the legislative body shall determine the question of\nparagraph four of subdivision (a) of this section in the negative, or if\nthe requisite number of owners shall have filed their objections as\nprovided in section nine hundred eighty-e of this article, the\nlegislative body shall adopt a resolution disapproving the establishment\nor extension of the district, stating the reasons for its determination\nand enter the same in the minutes of its proceedings. Thereafter no plan\nfor the establishment or extension of a district to include any part of\nthe property proposed to be included in the disapproved district may be\nprepared as provided in section nine hundred eighty-d of this article\nuntil the expiration of at least one year from the date of disapproval.\n (2) If the legislative body shall find that notice was incorrectly or\ninsufficiently given or that, except as otherwise provided in section\nnine hundred eighty-a of this article, any part or portion of the real\nproperty within the boundaries of the proposed district or extension is\nnot benefited thereby or that certain property benefited thereby has not\nbeen included therein, it shall call a further hearing at a definite\nplace and time not less than ten nor more than thirty days after this\ndetermination. In the resolution calling such hearing, it shall specify\nthe necessary changes, if any, to the boundaries of the proposed\ndistrict or extension to be made in order that, except as otherwise\nprovided in section nine hundred eighty-a of this article, all of the\nreal property and only that real property as is deemed benefited shall\nbe included within the the boundaries of the proposed district or\nextension. Such a further hearing shall also be required in the event\nthat the legislative body proposes to amend the district plan to reduce\nor provide additional improvements or services not included in the\noriginal plan prior to the establishment of the district. Notice of the\nfurther hearing shall be published and mailed in the manner provided in\nsection nine hundred eighty-e of this article, except that, where\nboundaries are to be altered, this notice shall also specify the manner\nin which it is proposed to alter the boundaries of the proposed district\nor extension. The further hearing shall be conducted in the same manner\nas the original hearing.\n (c) If and when the legislative body shall determine in the\naffirmative all of the questions set forth in subdivision (a) of this\nsection, and provided that the requisite number of owners shall not have\nobjected as provided in section nine hundred eighty-e of this article,\nit may adopt a local law approving the establishment or extension of the\ndistrict as the boundaries shall be finally determined and the\nconstruction of the improvement or providing of the service in the\ndistrict. Such local law shall become effective only upon compliance\nwith section nine hundred eighty-g of this article.\n (d) Upon the recommendation of the district management association and\nafter a public hearing, the legislative body may adopt a local law at\nany time prior to or after the establishment of a district to change the\nmethod of assessment as set forth in the plan. Notice of such public\nhearing and a description of the proposed change shall be given in the\nmanner set forth in section nine hundred eighty-e of this article.\n (e) Notwithstanding the provisions of this article, the Town of\nWoodbury in the county of Orange is hereby authorized to establish a\nbusiness improvement district solely for the purpose of providing\nadditional security services for the property encompassed by and\ncommonly known as Woodbury Commons.\n