§ 489-EEE — Applications for certificates of eligibility

§ 489-eee. Applications for certificates of eligibility. 1.\nApplications for a certificate of eligibility pursuant to this title\nshall be submitted for preliminary approval to the office for economic\ndevelopment commencing immediately after the effective date of a local\nlaw enacted pursuant to this title and continuing until the earlier of\nthe thirty-first day of January, nineteen hundred eighty-six or the last\nday before the date on which applications may be filed in accordance\nwith a local law enacted pursuant to section four hundred\neighty-nine-bbbb of this chapter, on such form or forms as shall be\nprescribed by the board. In addition to any other information required\nby the board, the application shall include plans for reconstruction or\nconstruction that have been certified by a professional engineer or an\narchitect of the applicant's choice and cost estimates or bids for the\nproposed reconstruction or construction. Upon a finding by such office\nthat the application satisfies the requirements of reconstruction or\nconstruction as defined in this title, the application shall be\npresented to the board for evaluation and written notice thereof shall\nbe given to the community board of the district in which the application\nsite is located.\n 2. (a) In the case of an application for construction or\nreconstruction of an industrial structure or a commercial structure\nlocated in an area designated as of right, the board shall issue a\ncertificate of eligibility upon determining that the application\nsatisfies the requirements of construction or reconstruction as defined\nin this title, that the applicant has obtained plans for construction or\nreconstruction certified by a professional engineer or architect, and\nthat the applicant has otherwise complied with the provisions of this\ntitle and other applicable provisions of law.\n (b) In the case of an application for construction or reconstruction\nof a commercial structure not located in an as of right area, or\ninvolving a restricted commercial use, the board shall issue a\ncertificate of eligibility upon making the determination specified in\nparagraph (a) of this subdivision and upon making the further\ndetermination that the granting of a tax exemption for the construction\nor reconstruction of such a structure in the proposed location is in the\npublic interest. In making such determination, the board shall make\nfindings that there is a need in the area for the services the\nenterprise will provide, that the enterprise will generate or retain\nemployment in the area, and that a tax incentive is required to attract\nconstruction or reconstruction of such a structure to the area. In\naddition, the board shall consider the economic impact such commercial\nstructure will have in the area.\n (c) In the case of an application for construction or reconstruction\nof a commercial structure not located in an as of right area, or\ninvolving a restricted commercial use, the board may make a further\ndetermination that special circumstances warrant designating the\nproposed construction or reconstruction as "specially needed". In making\nsuch determination, the board shall make findings that the commercial\nservices to be provided will have an especially positive impact on the\narea's or the city's economy and that the applicant has demonstrated\nthat the project cannot go forward without the greater exemption granted\nby such designation.\n 3. Any meeting of the board at which an application for a certificate\nof eligibility is to be considered shall be open to the public, and\nnotice of such meeting shall be given at least two weeks prior thereto\nby publication in a newspaper of general circulation within the city.\n 4. The burden of proof shall be on the applicant to show by clear and\nconvincing evidence that the requirements for granting a tax exemption\npursuant to this title have been satisfied, and the board shall have the\nauthority to require that statements made in consideration of the\napplication be taken under oath.\n 5. After the issuance of a certificate of eligibility the applicant\nshall apply to the city tax commission, during the period provided by\nlaw for filing applications for corrections of assessed valuations, for\na tax exemption as provided for in section four hundred eighty-nine-ddd\nof this title. The application shall be accompanied by a copy of the\ncertificate of eligibility.\n