[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 2-16-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 54, Business Improvement District, adopted 1-24-2006 by L.L. No. 1-2006.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.
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, 2016, through February 28, 2021. 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.