§ 1731 — Community participation

§ 1731. Community participation. 1. Prior to the commencing of new\nconstruction or building additions of an educational facility, or the\nacquisition of real property or any interest therein for such purpose,\nthe authority shall file a copy of the site plan of such facility in its\noffices and shall provide a copy thereof to the city board, the city\nplanning commission and the community school district education council\nand the community board of the district in which the facility will be\nlocated. The authority shall also provide a copy of such plan to the\ncouncil member, senator and member of assembly representing the district\nin which the facility will be located. Such plan shall include data on\nprojected student population for the community school district or\ndistricts and the community board or boards affected, the source of that\ndata and the reason the proposed action is necessary and how such plan\nfactors and accounts for student population projections. Upon request,\nany other person shall be furnished with such plan or a summary thereof.\nThe authority shall publish in a newspaper of general circulation in the\ncity a notice of the filing of such plan and the availability of the\nplan and a summary thereof. Such plan shall include, in the case of any\nproject for which the acquisition of real property or interest therein\nis proposed, the recommended site, any alternate sites considered, and\nany rationale as to why the alternate sites were not selected.\n 2. Within thirty days after publication of the notice required under\nsubdivision one of this section, a public hearing with sufficient public\nnotice shall be held by each affected community school district\neducation council on any or all aspects of the site plan and by each\naffected community board on aspects of the site plan which relate to the\ngeneral public use of the educational facility and to its impact on the\nsurrounding community, including but not limited to the responsiveness\nof the site plan to projected changes in student population in the\naffected community board or boards and how such plan factors and\naccounts for student population projections. The affected board may\nrequest the attendance of representatives of the authority or the city\nboard at a hearing and the authority or the city board shall comply with\nsuch requests. If the proposed project affects two or more school\ndistricts or community boards, then a hearing may be held jointly by the\naffected community school district education council and/or the affected\ncommunity boards. Any affected community school district education\ncouncil, together with any affected community board, may at their mutual\ndiscretion, elect to conduct a hearing jointly.\n 3. Within forty-five days after publication of such notice, each\naffected community school district education council or community board\nshall prepare and submit to the authority, written comments on the site\nplan. Any other organization or person shall also have the opportunity\nto present written comments on the plan during this period. Each comment\nreceived by the authority on such plan at any time prior to action being\ntaken by the authority on the plan shall be considered by the authority\nin connection with such action.\n 4. After due consideration of such comments, if any, the authority may\naffirm, modify or withdraw the plan.\n 5. Nothing herein shall preclude the authority from holding hearings\non the site plan, provided, however, that any such hearings on the site\nplan shall be conducted within the period specified in subdivision three\nof this section.\n