[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 2-16-2016 by L.L. No. 1-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 54, Business Improvement District, adopted 1-24-2006 by
L.L. No. 1-2006.
Local Law No. 8-2005 and Local Law No. 1-2011 of the Incorporated
Village of Lindenhurst and this chapter determine that the provisions
of the New York State General Municipal Law (GML) are applicable to
establishing, extending and operating business improvement districts
(BIDS) within the Incorporated Village of Lindenhurst. Pursuant to
Local Law No. 8-2005, Local Law No. 1-2011 and this chapter, any amendments,
or extensions of any proposed BID must be adopted in accordance with
the provisions of § 980-g of GML Article 19-A. The Board
of Trustees of the Incorporated Village of Lindenhurst finds no petition
requesting a referendum on the adoption of Local Law No. 1-2016 was
received by the Village Administrator Clerk within the requisite statutory
period. The Board of Trustees of the Incorporated Village of Lindenhurst
further determines that a resolution, as required by the GML, to provide
for the preparation of the district plan ("District Plan") of the
Business Improvement District of the Village of Lindenhurst was duly
and properly adopted. The District Plan, including all information
required by § 980 of the GML, was duly and properly filed
with the Administrator Clerk of the Village of Lindenhurst. By resolution
of the Board of Trustees and pursuant to GML § 980-e(a),
a public hearing was properly scheduled, advertised and held on the
establishment of the BID. The Board also determines that the requirements
of GML § 980-e(c) have been adhered to since each owner
and all known tenants of the real property in the District were notified
of the public hearing. The public hearing on the establishment of
the BID, having been held, the Board of Trustees finds each of the
questions set forth in GML § 980-f(l) has been answered
affirmatively. No objection has been presented by the requisite number
of owners of real property in the proposed BID to the adoption of
this chapter herein. The Board of Trustees reaffirms and ratifies
the applicability of GML Article 19A to the BID of the Village of
Lindenhurst and finds the creation of the BID is in the public's best
interest and will benefit the health and welfare of the residents
of the Village of Lindenhurst and that all properties benefited are
included in the District Plan.
[Amended 2-2-2021 by L.L. No. 1-2021]
The Business Improvement District of the Village of Lindenhurst
shall be and hereby is created and established in the Village of Lindenhurst
for a period of five years, being March 1, 2021, through February
28, 2026. Any extension of the Business Improvement District beyond
the five years herein authorized shall occur only by adoption of a
subsequent local law as may be approved by the Board of Trustees.
All services and improvements provided under the District Plan
shall be undertaken solely in the name of "The Business Improvement
District of the Village of Lindenhurst." Services pursuant to the
BID shall not be in substitution for those municipal services provided
by the Village of Lindenhurst, but shall act as additional services.
All improvements and services shall be provided as permitted in the
District Plan and in compliance with the GML.
Except as set forth herein to the contrary, the provisions set
forth in Article 19-A of the GML shall govern the operation and control
of the Business Improvement District.
This article shall become effective upon compliance with the
requirements set forth in § 980-g of Article 19-A of the
General Municipal Law and upon compliance with all other requirements
of law.
