§ 489-CCCC — Temporary commercial incentive area boundary commission; classes of area; excluded areas

§ 489-cccc. Temporary commercial incentive area boundary commission;\nclasses of area; excluded areas. 1. Any city enacting a local law\npursuant to section four hundred eighty-nine-bbbb of this title shall\nestablish a temporary commercial incentive area boundary commission to\nconsist of the deputy mayor for economic development and planning, the\ncommissioner of finance, the chair of the city planning commission, the\ndirector of management and budget, the borough presidents, the speaker\nof the city council and a public member appointed by the mayor to serve\nat the mayor's pleasure. Each member except the public member shall have\nthe power to designate an alternate to represent him or her at\ncommission meetings to exercise all the rights and powers of such\nmember, including the right to vote, provided that such designation be\nmade in writing to the chair of the commission. The deputy mayor for\neconomic development and planning shall be the chair of the commission.\nEach borough president shall be entitled to vote only on the designation\nof areas within his or her borough. Commission members who shall be\nofficers or employees of such city shall serve without compensation but\nshall be reimbursed for expenses necessarily incurred in the performance\nof their duties. Any other commission member shall receive as exclusive\ncompensation for his or her services one hundred dollars per diem,\nprovided, however, that the total compensation paid to any such member\nshall not exceed twelve hundred dollars for any calendar year. A\nmajority of members of such commission entitled to vote on a matter\nshall constitute a quorum for such issue. Decisions shall be made by\nmajority vote of those present entitled to vote on a matter.\nNotwithstanding any other law to the contrary, no officer or employee of\nthe state or any of its subdivisions or any public benefit corporation\nshall be deemed to have forfeited his or her office or employment or any\nbenefits provided under the retirement and social security law or under\nany public retirement system maintained by the state or any of its\nsubdivisions by reason of accepting membership on such commission.\n 2. (a) The commission shall meet in nineteen hundred ninety-two,\nnineteen hundred ninety-five, nineteen hundred ninety-nine and two\nthousand four to determine the boundaries of the various areas which it\nis authorized to designate pursuant to this section. The areas\ndesignated by the commission in effect as of December thirty-first,\nnineteen hundred ninety-one shall remain in effect until the first\ntaxable status date after the local legislative body approves a new\ndesignation pursuant to paragraph (d) of this subdivision.\n (b) Not later than October first of each year when areas are to be\ndesignated, the commission shall publish a notice at least once in the\ncity's official paper or a newspaper of general circulation in the city\nsetting forth the proposed boundaries of areas to be designated and the\ndate, not earlier than five nor later than fifteen days following the\npublication of such notice, on which the commission will hold a public\nhearing to hear all persons interested in the designation of areas. A\ncopy of such notice shall be forwarded to the local legislative body and\neach community board of the city.\n (c) The commission shall make such designation, and notify the local\nlegislative body of such designation, not later than November first of\neach year when areas are to be designated. The designation shall be\neffective as provided in paragraph (d) of this subdivision.\n (d) Within thirty days after the first stated meeting of the local\nlegislative body following the receipt of notice of such designation,\nthe local legislative body may, by majority vote, disapprove such\ndesignation. If, within such thirty-day period, the local legislative\nbody fails to act or fails to act by the required vote, the local\nlegislative body shall be deemed to have approved such designation. Such\ndesignation shall be effective as of the first taxable status date after\nthe local legislative body approves such designation and shall remain in\neffect until the first taxable status date after the local legislative\nbody approves a new designation pursuant to this paragraph.\n 3. The commission may designate areas to be special exemption areas,\nregular exemption areas, deferral areas, or excluded areas in accordance\nwith the level of benefits such commission determines to be necessary to\nencourage commercial construction work in such areas, provided, however,\nthat designation of areas in the city of New York shall be made in\naccordance with the provisions of subdivisions four and five of this\nsection.\n 4. (a) In the city of New York, the commission may designate any area\nother than the area lying south of the center line of 96th Street in the\nborough of Manhattan, to be a special exemption area if it determines\nthat market conditions in the area are such that the availability of a\nspecial exemption is required in order to encourage commercial\nconstruction work in such area. In making such determination, the\ncommission shall consider, among other factors, the existence in such\narea of a special need for commercial and job development, high\nunemployment, economic distress or unusually large numbers of vacant,\nunderutilized, unsuitable or substandard structures, or other\nsubstandard, unsanitary, deteriorated or deteriorating conditions, with\nor without tangible blight.\n (b) Any other area in such city, other than the area lying south of\nthe center line of 96th Street, which the commission has not designated\nas a special exemption area shall be a regular exemption area.\n (c) In the city of New York, on or after January first, nineteen\nhundred ninety-two, the commission shall not designate any area to be\neither a deferral area or an excluded area, nor shall the commission\nmake any new designation in any urban renewal area designated pursuant\nto article fifteen of the general municipal law so as to reduce the\nlevel of benefits available pursuant to this title in such area.\n (d) Notwithstanding any other provision of this title, any area in the\ncity of New York designated as an empire zone in accordance with article\neighteen-B of the general municipal law, which the commission has not\ndesignated as a special exemption area, shall be a special exemption\narea as of July first, nineteen hundred ninety-five or as of the date of\nthe designation of such area as an empire zone, whichever is later.\n 5. (a) The following area in the borough of Manhattan shall, except as\notherwise provided in paragraphs (b), (c) and (d) of this subdivision\nand subdivision six of this section, be an excluded area: the area in\nthe borough of Manhattan lying south of the center line of 96th Street\nand north of the center line of 23rd Street.\n (b) The following areas in the borough of Manhattan shall, except as\notherwise provided in paragraph (d) of this subdivision and subdivision\nsix of this section, be excluded areas as of July first, nineteen\nhundred ninety-two; provided, however, that if an application for a\ncertificate of eligibility has been filed for commercial construction\nwork in such areas on or before December thirty-first, nineteen hundred\nninety-two and the recipient presents evidence satisfactory to the\ndepartment of finance: (i) (A) for a new building or structure, that\nconstruction has been completed on a foundation, as described in\napproved plans, on or before June thirtieth, nineteen hundred\nninety-three; or (B) for an existing building or structure, that at\nleast five per centum of the minimum required expenditure has been made\nfor commercial construction work, as described in approved plans, on or\nbefore June thirtieth, nineteen hundred ninety-three; and (ii) that all\nother requirements of this title have been met; then, a deferral of tax\npayments pursuant to subdivision four of section four hundred\neighty-nine-bbbb of this title shall be granted for such commercial\nconstruction work, except that no deferral of tax payments shall be\ngranted for commercial construction work on mixed-use property:\n (1) the area delineated by a line beginning at the point where the\ncenter line of 96th Street would intersect the Hudson River Pierhead\nline and running easterly along the center line of 96th Street to the\ncenter line of Central Park West; thence southerly along said center\nline to the center line of 59th Street; thence westerly along said\ncenter line to the Hudson River Pierhead line; thence northerly along\nsaid Pierhead line to the point of beginning; and\n (2) the area delineated by a line beginning at a point where the\ncenter line of 59th Street would intersect with a point one hundred\nfifty feet west of the center line of 8th Avenue and running easterly\nalong the center line of 59th Street to a point one hundred fifty feet\nwest of the center line of the Avenue of the Americas; thence southerly\nparallel to the Avenue of the Americas to a point which is the midpoint\nbetween the center line of 42nd Street and the center line of 41st\nStreet; thence westerly parallel to 41st Street to a point one hundred\nfifty feet west of the center line of 8th Avenue; thence northerly\nparallel to 8th Avenue to the point of beginning.\n (c) The following area in the borough of Manhattan shall, except as\notherwise provided in paragraph (d) of this subdivision and subdivision\nsix of this section, be an excluded area as of January first, nineteen\nhundred ninety-three; provided, however, that if an application for a\ncertificate of eligibility has been filed for commercial construction\nwork in such area on or before December thirty-first, nineteen hundred\nninety-two and the recipient presents evidence satisfactory to the\ndepartment of finance: (i) (A) for a new building or structure, that\nconstruction has been completed on a foundation, as described in\napproved plans, on or before December thirty-first, nineteen hundred\nninety-three; or (B) for an existing building or structure, that at\nleast five per centum of the minimum required expenditure has been made\nfor commercial construction work, as described in approved plans, on or\nbefore December thirty-first, nineteen hundred ninety-three; and (ii)\nthat all other requirements of this title have been met, then, a\ndeferral of tax payments pursuant to subdivision four of section four\nhundred eighty-nine-bbbb of this title shall be granted for such\ncommercial construction work, except that no deferral of tax payments\nshall be granted for commercial construction work on mixed-use property:\nthe area delineated by a line beginning at the point where the center\nline of 59th Street would intersect with the Hudson River Pierhead line;\nthence southerly along said Pierhead line to the center line of Liberty\nStreet; thence easterly along said center line to the center line of\nChurch Street; thence northerly along said center line to the center\nline of Fulton Street; thence easterly along said center line to the\nEast River Pierhead line; thence northerly along said Pierhead line to a\npoint which is the midpoint between the center line of 34th Street and\nthe center line of 33rd Street; thence westerly parallel to 33rd Street\nto a point one hundred fifty feet west of the center line of the Avenue\nof the Americas; thence northerly parallel to the Avenue of the Americas\nto a point which is the midpoint between the center line of 42nd Street\nand the center line of 41st Street; thence westerly parallel to 41st\nStreet to a point one hundred fifty feet west of the center line of 8th\nAvenue; thence northerly parallel to 8th Avenue to the center line of\n59th Street; thence westerly along said center line to the point of\nbeginning.\n (d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of\nthis subdivision, the following areas in the borough of Manhattan shall\nbe renovation exemption areas: (i) as of July first, nineteen hundred\nninety-two and until June thirtieth, two thousand eight: the area in the\nborough of Manhattan lying south of the center line of 23rd Street; (ii)\nas of July first, nineteen hundred ninety-two and until January\nthirty-first, nineteen hundred ninety-five: the area in the borough of\nManhattan lying south of the center line of 96th Street and north of the\ncenter line of 23rd Street; and (iii) as of July first, nineteen hundred\nninety-five and until June thirtieth, two thousand eight the area in the\nborough of Manhattan lying south of the center line of 59th Street and\nnorth of the center line of 23rd Street.\n 6. Notwithstanding the provisions of subdivision five of this section,\nthe areas in the borough of Manhattan specified in paragraphs (a), (b)\nand (c) of this subdivision, except the "Project Area" described in a\nlease held by the Battery Park City Authority as tenant and originally\ndated as of November twenty-fourth, nineteen hundred sixty-nine and\nthereafter from time to time amended, shall be new construction\nexemption areas: (a) as of July first, nineteen hundred ninety-five and\nuntil December thirty-first, nineteen hundred ninety-six: the area in\nthe borough of Manhattan lying south of the center line of 96th Street,\nexcluding the area specified in paragraph (b) of this subdivision; and\n(b) as of July first, nineteen hundred ninety-five and until June\nthirtieth, two thousand three: the area in the borough of Manhattan\nbounded by Murray Street on the north starting at the intersection of\nWest Street and Murray Street; running easterly along the center line of\nMurray Street; connecting through City Hall Park with the center line of\nFrankfort Street and running easterly along the center line of Frankfort\nand Dover Streets to the intersection of Dover Street and South Street;\nrunning southerly along the center line of South Street to Peter Minuit\nPlaza; connecting through Peter Minuit Plaza to the center line of State\nStreet and running northwesterly along the center line of State Street\nto the intersection of State Street and Battery Place; running westerly\nalong the center line of Battery Place to the intersection of Battery\nPlace and West Street; and running northerly along the center line of\nWest Street to the intersection of West Street and Murray Street; and\n(c) as of July first, two thousand three and until June thirtieth, two\nthousand eight: the area in the borough of Manhattan bounded by Murray\nStreet on the north starting at the intersection of West Street and\nMurray Street; running easterly along the center line of Murray Street;\nconnecting through City Hall Park with the center line of Frankfort\nStreet and running easterly along the center line of Frankfort and Dover\nStreets to the intersection of Dover Street and South Street; running\nsoutherly along the center line of South Street to Peter Minuit Plaza;\nconnecting through Peter Minuit Plaza to the center line of State Street\nand running northwesterly along the center line of State Street to the\nintersection of State Street and Battery Place; running westerly along\nthe center line of Battery Place to the intersection of Battery Place\nand West Street; and running northerly along the center line of West\nStreet to the intersection of West Street and Murray Street, except the\narea in the borough of Manhattan bounded by Church Street on the east\nstarting at the intersection of Liberty Street and Church Street;\nrunning northerly along the center line of Church Street to the\nintersection of Church Street and Vesey Street; running westerly along\nthe center line of Vesey Street to the intersection of Vesey Street and\nWest Broadway; running northerly along the center line of West Broadway\nto the intersection of West Broadway and Barclay Street; running\nwesterly along the center line of Barclay Street to the intersection of\nBarclay Street and Washington Street; running southerly along the center\nline of Washington Street to the intersection of Washington Street and\nVesey Street; running westerly along the center line of Vesey Street to\nthe intersection of Vesey Street and West Street; running southerly\nalong the center line of West Street to the intersection of West Street\nand Liberty Street; and running easterly along the center line of\nLiberty Street to the intersection of Liberty Street and Church Street.\n