§ 489-CCC — Functions, powers and duties of the board; annual designation of exemption areas and restricted commercial uses

§ 489-ccc. Functions, powers and duties of the board; annual\ndesignation of exemption areas and restricted commercial uses. 1. The\nmembers of the board shall have the following functions, powers and\nduties:\n (a) to receive and review applications for certificates of eligibility\npursuant to this title and pursuant to any local law authorized by\nchapter seven hundred seventy-two of the laws of nineteen hundred\nsixty-six, containing provisions analogous to subsection four-d thereof;\n (b) to make findings and determinations on the qualification of\napplicant for certificates of eligibility pursuant to this title and\npursuant to any local law authorized by chapter seven hundred\nseventy-two of the laws of nineteen hundred sixty-six, containing\nprovisions analogous to subdivision (f) of subsection one hundred one\nthereof;\n (c) to issue certificates of eligibility and amendments thereto;\n (d) to make recommendations to the tax commission on the termination\nof a tax exemption pursuant to section four hundred eighty-nine-ggg of\nthis title;\n (e) to designate annually, pursuant to subdivision two of this\nsection, areas in which exemptions for commercial construction or\nreconstruction shall be granted as of right, areas from which such\nexemptions shall be excluded and commercial uses for which the granting\nof exemptions shall be restricted; and\n (f) to make and promulgate rules and regulations to carry out the\npurposes of the board.\n 2. (a) Not later than October first of each year the board shall\npublish a notice at least once in the official paper or a newspaper of\ngeneral circulation in the city setting forth: (i) the proposed\nboundaries of areas in which commercial construction or reconstruction\nshall be granted exemptions as of right, proposed boundaries of areas\nfrom which exemptions for commercial construction or reconstruction\nshall be excluded and proposed restricted commercial uses; and (ii) the\ndate, not earlier than ten nor later than thirty days following the\npublication of such notice, on which the board will hold a public\nhearing to hear all persons interested in the designation of such\nboundaries and restricted commercial uses.\n (b) Not earlier than ten nor later than thirty days following the\nconclusion of the public hearing provided for in paragraph (a) of this\nsubdivision, the board shall designate the boundaries of areas in which\nexemptions for commercial construction or reconstruction shall be\ngranted as of right and areas from which such exemptions shall be\nexcluded and shall also designate restricted commercial uses. Such\ndesignations shall be made upon the following determinations:\n (i) With respect to areas in which exemption for commercial\nconstruction or reconstruction shall be granted as of right, the board\nshall determine that market conditions in each area are such that\nexemptions are required to attract commercial construction or\nreconstruction to the area and that attracting such construction or\nreconstruction, and the granting of exemptions therefor, are in the\npublic interest. In making such determination, the board may consider,\namong other factors, that the area is experiencing economic distress or\nis characterized by an unusually large number of vacant, underutilized,\nunsuitable or substandard structures, or by other substandard,\nunsanitary, deteriorated or deteriorating conditions, with or without\ntangible blight, or that commercial development in the area will be\nbeneficial to the city's economy.\n (ii) With respect to areas from which exemptions for commercial\nconstruction or reconstruction are to be excluded, the board shall\ndetermine that market conditions in each area are such that exemptions\nare not required to attract commercial construction or reconstruction to\nthe area, or that it is not in the public interest to grant exemptions\nfor commercial construction or reconstruction in the area. No\napplications for exemptions for commercial construction or\nreconstruction shall be accepted from such areas.\n (iii) With respect to restricted commercial uses, the board shall\ndetermine that it is not in the public interest to grant exemptions for\nsuch uses unless the board further determines that in certain areas\ndesignated pursuant to this subdivision, such uses will have an\nespecially positive impact on the area's economy. All applications for\nexemptions for restricted commercial uses shall be determined pursuant\nto paragraphs (b) and (c) of subdivision two of section four hundred\neighty-nine-eee of this title.\n (c) Designations made pursuant to this subdivision shall be effective\non the first day of January of each year.\n 3. So far as practicable and subject to the approval of the mayor, the\nservices of all other city departments and agencies shall be made\navailable by their respective heads to the board for the carrying out of\nthe functions stated in this title. The head of any department or agency\nshall furnish information in the possession of such department or agency\nwhen the board, after consultation with the mayor, so requests.\n