[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 10-7-2019 by L.L. No. 6-2019. Amendments noted where applicable.]
Editor's Note: This local law also superseded former Ch. 255, Business Improvement Districts, adopted 6-4-2018 by L.L. No. 4-2018.
The Board of Trustees finds that Business Improvement Districts (BIDs) provide significant benefits to residents near BIDs and the public at large. In furtherance thereof, the Board of Trustees hereby authorizes the application of General Municipal Law, Article 19-A, Business Improvement Districts, to and within the Incorporated Village of Farmingdale.
The authorization and application pursuant to § 255-1 is subject to a permissive referendum and shall not become effective until 30 days have elapsed since its adoption, provided no petition objecting to § 255-1 has been filed with the Incorporated Village of Farmingdale. If such petition is filed within such 30 days, § 255-1 shall not become unless the permissive referendum mandates set forth in Article 9 of the Village Law have been satisfied.
Editor's Note: No valid petition requesting such referendum was filed as of July 4, 2018.
The provisions of the New York State General Municipal Law (GML) Article 19-A are applicable to establishing, extending and operating business improvement districts (BIDS) within the Incorporated Village of Farmingdale. The Board of Trustees of the Incorporated Village of Farmingdale has determined that a resolution, as required by GML Article 19-A, to provide for the creation of a district plan ("District Plan") for the Business Improvement District of the Village of Farmingdale was duly and properly adopted. The District Plan establishes a portion of downtown Farmingdale as the Farmingdale Business District (Farmingdale BID). The Board of Trustees has determined that a District Plan, including all information required by § 980 of the GML, was duly and properly filed with the Village Clerk/Treasurer of the Village of Farmingdale. 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 has also determined that there has been compliance with the requirements of GML § 980-e(c), and every owner and all known tenants of the real property located within the Farmingdale BID were notified of the public hearing. The public hearing on the establishment of the Farmingdale BID, having been held, the Board of Trustees finds each of the questions set forth in GML § 980-f(1) has been answered affirmatively. No objection has been presented by the requisite number of owners of real property in the Farmingdale BID to the adoption of this chapter. The Farmingdale BID cultivates and advocates the economic growth of the Farmingdale BID creating an inviting, dynamic, and sustainable community that celebrates the Village's history while building towards its future. The BID is dedicated to improving the quality of life within the District, to further enhance and make the community a vibrant, attractive destination for visitors, businesses, residents, property owners, the daily workforce, and students. The Board of Trustees concludes that 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 Farmingdale and that all properties benefited are included in the District Plan.
The Farmingdale BID shall be and hereby is created and established in the Village of Farmingdale for a period of five years, being October 7, 2019, through September 30, 2024. 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 properties within the Farmingdale BID will benefit from the establishment thereof and all properties benefited are included within the boundaries of the Farmingdale BID. Any amendments or extensions of the Farmingdale BID must be adopted in accordance with the provisions of § 980-g of GML Article 19-A. The boundaries of the Farmingdale BID are contained in the July 9, 2019, District Plan adopted by the Board of Trustees on August 5, 2019, and as set forth in the attached map.
Editor's Note: The Business Improvement District Map is included as an attachment to this chapter.
All services and improvements provided under the District Plan shall be undertaken solely in the name of the Farmingdale BID. Services pursuant to the BID shall not be in substitution for those municipal services provided by the Village of Farmingdale, but shall act as additional services. All improvements and services shall be provided pursuant to the District Plan and in compliance with the GML.
This chapter and the provisions set forth in Article 19-A of the GML shall govern the operation and control of the Farmingdale BID.
This chapter shall become effective upon compliance with the requirements set forth in § 980-g of Article 19-A of the GML and upon filing with the New York State Secretary of State.