[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza: Art. I, 9-20-1989 as L.L. No. 9-1989;
Art. II, 2-7-1990 as L.L. No. 2-1990.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 225.
[Adopted 9-20-1989 as L.L. No. 9-1989]
Article 19-A of the General Municipal Law of the State of New York sets
out a comprehensive procedure for the establishment and/or extension of business
improvement districts within municipalities. Section 980-b of said Article
19-A provides that "any municipality shall be authorized to adopt a local
law, subject to permissive referendum, providing that the provisions of this
article shall be applicable to the establishment or extension of districts
in the municipality." The Board of Trustees of the village hereby finds that
the establishment of business improvement districts is an effective means
for encouraging, promoting and assisting business activity within the village
and that the adoption of the provisions of the General Municipal Law would
therefore further the health and welfare of village residents.
In accordance with the enabling authorization set forth in § 980-b
of Article 19-A of the General Municipal Law of the State of New York, it
is hereby provided that the provisions of said Article 19-A shall be applicable
to the establishment and/or extension of business improvement districts in
the village and that the village shall have all powers specified therein with
respect to the establishment and/or extension of said districts.
This Article shall become effective 30 days after its adoption and upon
being filed in the office of the Secretary of State, with an additional copy
to be filed with the Department of Audit and Control, subject to the permissive
referendum procedures set forth in the Village Law.[1]
[1]
Editor's Note: No such referendum was held on this chapter.
[Adopted 2-7-1990 by L.L. No. 2-1990]
The Board of Trustees has determined that the establishment of a business
improvement district (BID) in accordance with the provisions of Article 19-A
of the General Municipal Law is an effective means for restoring and promoting
business activity within the central business district of the village and
that such a BID will serve the welfare of the village and its residents. The
Board, having adopted a resolution authorizing the preparation of a BID plan,
having reviewed the filed BID plan and having provided all notices, held all
public hearings and made all findings required by Article 19-A of the General
Municipal Law in connection with said BID plan and now enact and adopt this
Article in order to establish a BID for the central business area of the village
in accordance with the filed BID plan.
As used in this article the following terms shall have the meanings
indicated:
The business improvement district for the central business district
of the Village of Great Neck Plaza established by this article.
An assessment on properties to defray the costs of services and improvements
in the BID.
[Added 12-15-1999 by L.L. No. 15-1999]
The Business Improvement District Plan for the central business district
of the Village of Great Neck Plaza prepared pursuant to the resolution adopted
by the Board of Trustees on November 1, 1989, and filed with the Village Clerk.
The Board of Trustees of the village.
The use of real property for any purpose other than a residential
use.
[Added 12-15-1999 by L.L. No. 15-1999]
A contract for a specified term of years to be entered into between
the village and the District Management Association concerning the BID.
A period of one year to coincide with the village's tax year,
i.e., from March 1 to February 28, except that the "first contract year" shall
mean the period from the effective date of this Article through and including
the date of February 28 immediately following said effective date.
The not-for-profit corporation to be established pursuant to § 980-m
of Article 19-A of the General Municipal Law for the purposes of carrying
out the activities prescribed in the BID Plan and for managing and administering
the BID established by this article.
All property exempt from payment of general village taxes under any
applicable law.
Owners of record.
The use of real property as a home or residence, such as in a private
home or apartment in a multiple dwelling, regardless of the form of ownership.
[Added 12-15-1999 by L.L. No. 15-1999]
An occupant pursuant to a lease of commercial space, other than an
owner.
The Village of Great Neck Plaza.
The village hereby establishes a BID for the central business district
of the village, which shall include the following areas, as delineated on
the map attached hereto as Appendix 1:[1]
A.
Both sides of Middle Neck Road between Barstow Road and
Grace Avenue.
B.
The west side of Middle Neck Road from Grace Avenue to
the boundary line between the Villages of Great Neck Plaza and Great Neck
Estates.
C.
The east side of Middle Neck Road from Grace Avenue to
the boundary line between the Villages of Great Neck Plaza and Kensington.
D.
Both sides of Grace Avenue from Plaza Centre to Park
Place.
E.
Both sides of Maple Drive to and including the village
municipal parking facilities.
F.
Both sides of Bond Street from North Station Plaza to
Maple Drive.
G.
Both sides of North Station Plaza from Middle Neck Road
to Barstow Road.
H.
Both sides of Park Place from North Station Plaza to
Grace Avenue.
I.
Both sides of Barstow Road from South Middle Neck Road
to Grace Avenue.
J.
Both sides of Linden Place from Barstow Road to Canterbury
Road.
K.
South side of Welwyn Road from Barstow Road to Shoreward
Drive.
L.
South side of Great Neck Road from South Middle Neck
Road to the boundary line between the Village of Great Neck Plaza and the
Town of North Hempstead.
M.
North side of Great Neck Road from South Middle Neck
Road west to Cutter Mill Road.
N.
South side of Cutter Mill Road from Middle Neck Road
to Great Neck Road.
O.
North side of Cutter Mill Road from Middle Neck Road
to the boundary line between the Villages of Great Neck Plaza and Great Neck
Estates.
P.
Both sides of Plaza Centre from Cutter Mill Road to the
boundary line between the villages of Great Neck Plaza and Great Neck Estates.
Q.
South side of South Station Plaza from South Middle Neck
Road to Barstow Road.
[1]
Editor's Note: Appendix 1 is on file and available for inspection
in the office of the Village Clerk.
A.
With the exception of capital improvements, the services
and improvements to be provided within the BID may include any and all those
specified in § 980-c of Article 19-A of the General Municipal Law
including, but not limited to, the following:
(1)
Enhanced sanitation services.
(2)
Security services to enhance the security of persons
and property within the BID.
(3)
Promotional services, such as the advertisement of commercial
opportunities in the BID and promotional campaigns designed to attract shoppers
to the BID. These may include, but will not be limited to, special publications,
promotional inserts, newspaper, radio and other media advertisements, street
festivals, coordinated sales events, entertainment festivals and other marketing
and promotional activities.
(4)
Marketing education programs for businesses with the
BID.
(5)
Holiday and seasonal decorations including, but not limited
to, the acquisition and installation of decorative lighting on light poles,
trees, etc., and the payment of electrical costs incurred for the operation
of such lights.
(6)
A program for the maintenance of capital improvements
and special amenities including but not limited to brick paving, signs, trees,
benches, trash receptacles and special streetlighting, including the purchase
of any necessary equipment.
(7)
Administrative services.
B.
All services shall be in addition to, and not a substitution
for, required and customary municipal services provided by the Village of
Great Neck Plaza on a villagewide basis.
C.
The services to be provided within a contract year shall
be those approved by the Board of Directors of the District Management Association
and the Board of Trustees of the village. All services or improvements need
not be performed or provided in any contract year.
A.
The following sources of funding shall be available for
the provision of the services and improvements provided within the BID and
for the operations of the District Management Association:
(1)
Assessments.
[Amended 12-15-1999 by L.L. No. 15-1999]
(a)
Except as otherwise provided herein, all real property
within the BID shall be subject to a BID assessment.
(b)
Exempt property shall not be subject to a BID assessment.
(c)
Real property devoted to a residential use shall not
be subject to a BID assessment.
(d)
All nonexempt property within the BID devoted in whole
or in part to a commercial use shall be subject to a BID assessment.
(e)
Nonexempt real property which has a mixed use and which
is devoted in part to residential use and in part to commercial use, such
as a multistory building which has one floor of retail stores and the remaining
floors of residential apartments, shall be subject to a BID assessment under
this section which shall be prorated based on the percentage of the property
used for only commercial purposes.
(f)
Specialized senior housing facilities as defined in § 225-2 of the Village Code shall be subject to a BID assessment based on treating such facilities as devoted half to a residential use and half to a commercial use.
(g)
The BID assessment under this section shall be in an
amount, exclusive of debt service, which is equal to 19% of the general village
tax, or in such amount not to exceed 19% of the general village tax as is
determined by the District Management Association and the Board to be sufficient
to fund operations and the provision of services and improvements in the BID
in a particular contract year.
(h)
When the use of real property changes, then it shall
be subject to a BID assessment based on the nature of the use as of the taxable
status date for any particular tax year.
(i)
The amount of the BID assessment under this section shall
be included in the total amount that the village is permitted by law in a
contract year to raise by real property taxes.
(2)
Grants and donations. The District Management Association
may accept grants and donations from private institutions, public entities
or individuals.
(3)
Borrowings. The District Management Association may borrow
money from private lending institutions, the village, other public entities
or individuals for the purpose of funding its operations and the provision
of services and improvements within the BID. For the purpose of serving such
loans, the District Management Association may assign revenues from the other
sources of revenue listed herein.
(4)
Other. The District Management Association may derive
revenues from any other sources of funds not heretofore mentioned and permitted
by law.
B.
Subject to requirements of law, the District Management
Association may apply all moneys derived from the sources of funding described
herein toward funding any expenditures permitted in connection with the BID.
C.
The use of moneys received by the District Management
Association from the village or from any other public entity, whether in the
form of a grant or as proceeds from a loan, shall be subject to all statutory
requirements applicable to the expenditure and use of such moneys and any
contractual requirements imposed by the village (whether pursuant to the contract
or otherwise) or by any other public entity, as the case may be.
D.
The administration of the BID shall be conducted by a
salaried staff which may include but will not be limited to a street manager,
secretary and any other special staff and/or consultants that the Board of
Directors may deem necessary from time to time, such as advertising and promotional
specialists, accountants and legal advisors, with fringe benefits and benefits.
Administration costs may also include office rental and equipment and office
supplies, including telephones and insurance. The District Management Association
may also utilize subcontractors to render such administrative services as
it deems necessary.
E.
Expenses hereinafter incurred by the village in connection
with preparing a plan for the purpose of extending the boundaries of the BID
or providing additional services or improvements in the BID shall be reimbursable
to the village in accordance with § 980-d(e) of Article 19-A of
the General Municipal Law.
F.
All contracts for improvements, goods or services to
be provided in the BID shall be subject to all applicable provisions of law
relating to the letting of contracts by the village.
A.
The District Management Association shall establish for
each contract year a proposed budget of expenditures. Such proposed budget
shall (with respect to the contract year to which it applies):
(1)
Reasonably itemize the purposes for which moneys are
proposed to be expended by the District Management Association;
(2)
Specify the amount, if any, proposed to be expended by
the District Management Association for debt service; and
(3)
Set forth the total amount proposed to be expended (the
"total annual budget amount").
B.
The total annual budget amount shall not be greater than
the aggregate amount of all moneys which the District Management Association
may collect for the contract year in question from all funding sources permitted
under this Article. However, the total annual budget amount shall not be less
than the amount needed to satisfy the District Management Association's
debt service obligations for the contract year in question.
C.
The District Management Association shall make no expenditure
other than in accordance with and pursuant to:
(1)
A budget for which a total annual budget amount has been
approved in a resolution and adopted by the Directors of the District Management
Association and the Board of Trustees of the Village of Great Neck Plaza;
(2)
Any provisions in the contract providing for the satisfaction
of outstanding obligations of the District Management Association; and
(3)
Any provisions in the contract providing for the expenditure
of amounts provided in the budget for, but unexpended in, a previous contract
year.
D.
Subject to the District Management Association's
obligations to satisfy its debt service obligations for the contract year
in question, the District Management Association may revise the itemizations
within any budget.
E.
In the event that in any given contract year the sources
of funding do not in the aggregate produce revenues equal to the total annual
budget amount for such contract year, the District Management Association
may, subject to the contract, forego some or all of the non-debt expenditures
as are provided for in the budget in question in order to have revenues sufficient
to pay the debt service provided for in such budget.
A.
The District Management Association shall be a not-for-profit
corporation incorporated under § 402 of the New York State Not-For-Profit
Corporation Law in accordance with § 980-m of Article 19-A of the
General Municipal Law. The corporation shall be organized for the purpose
of executing the responsibilities of a District Management Association as
set forth in this Article and in the General Municipal Law. The District Management
Association will carry out the activities prescribed in the BID Plan and promote
and support the Business Improvement District.
B.
The District Management Association shall be administered
by a Board of Directors which shall be composed of 11 members, six of whom
shall represent owners of nonexempt real property located within the BID,
two of whom shall represent commercial tenants within the BID, and three of
whom shall be public representatives. The bylaws of the District Management
Association may change the number of directors except that the number of public
representatives shall not be changed, there shall be representatives of owners
and tenants on the Board of Directors and directors elected by owners shall
constitute a majority of the Board of Directors. The bylaws of the District
Management Association shall specify the manner in which the directors representing
owners and tenants shall be elected and may allow for the election of owner
representatives by weighted voting in accordance with § 980-m of
the General Municipal Law. The three directors representing the public shall
be designated, respectively, by the Mayor of the village, by the Board of
Trustees of the village and by the Village Treasurer.
C.
The District Management Association shall enter into
a contract with the village which shall, inter alia, obligate the District
Management Association to provide certain specified services and improvements
within the BID and require the village, pursuant to specific terms, conditions
and requirements, to levy and collect the assessments provided for in this
Article and to disburse said assessments to the District Management Association
in accordance with the general procedures for other village disbursements.
D.
The contract between the village and the District Management
Association shall be subject to all the respective duties and obligations
imposed upon the village and District Management Association by this Article
and by Article 19-A of the General Municipal Law.
E.
The District Management Association, with the approval
of the Board of Trustees of the Village of Great Neck Plaza, may enter into
a contract with business improvement districts located in other municipalities
for the purpose of providing jointly coordinated services.
To the extent not otherwise explicitly provided herein, the provisions
set forth in Article 19-A of the General Municipal Law shall govern the operation
of the BID and the District Management Association in the village.
Any amendments to the BID or to the BID Plan shall be made in accordance
with the provisions set forth in § 980-i of Article 19-A of the
General Municipal Law.
This Article shall become effective upon compliance with the requirements
set forth in §§ 980-g and 980-h of Article 19-A of the General
Municipal Law and upon compliance with all other requirements of law.
