Title 25: Land Use

Chapter 1: City Planning

§ 25-101 City map to be conclusive.

The city map is to be deemed final and conclusive with respect to the location, width and grades of the streets shown thereon, so far as such location, width and grades have been duly adopted.

§ 25-102 City map; what to include.

There shall be located and laid out on the city map all parks, playgrounds, streets, courtyards abutting streets, bridges, tunnels and approaches to bridges and tunnels, and improvements of navigation in accordance with bulkhead and pierhead lines established pursuant to section seven hundred five of the charter. The width and grades of all streets so located and laid out shall be indicated thereon.

§ 25-102.1 City map; street and park names.

  1. Unless the local law specifically provides otherwise, any local law naming a street, park, playground or portion thereof, or any facility or structure, located and laid out on the city map, that does not bear a name indicated on the city map shall not be construed to require the addition of such name on the city map; provided, however, that the name given by such local law shall be posted on a sign placed at the location of such street, park, playground or portion thereof, or any facility or structure, located and laid out on the city map.
  2. Unless the local law specifically provides otherwise, any local law changing the name of a street, park, playground or portion thereof, or any facility or structure, located and laid out on the city map, that bears a name indicated on the city map shall not be construed to require a change in such name as it is indicated on the city map; provided, however, that in the case of a local law changing the name of a street or portion thereof, the name added by such local law shall be posted on a sign placed adjacent to or near a sign bearing the name of such street or portion thereof indicated on the city map.
  3. The department of transportation may establish different colors for signs bearing a street name not officially indicated on the city map and signs bearing a street name officially indicated on the city map, and may provide for the replacement of any sign bearing a dual name by two separate signs of such color as the department shall determine.

§ 25-103 Borough presidents’ assistance in completing city map.

The city planning commission, with the approval of the mayor, may at any time require the president of any borough to make recommendations for the completion of the city map of the whole or of a part of the territory for which the city map shall not at such time have been finally established and adopted and to report the same to the commission within a fixed and specified time.

§ 25-104 Official surveying stations.

The latitudes and longitudes determined in conformity with the method used by the United States coast and geodetic survey for primary stations; the rectangular spherical coordinates for secondary stations; and the rectangular co-ordinates referring to a given fixed central meridian, or assumed meridian, for all stations, shall continue to be official and binding upon all officers making any map or plan relating to any borough, or part thereof.

§ 25-105 Grades established by user.

Whenever any street in the city shall have been used as such for upward of twenty years without having the grade thereof established by law, the level or surface of such street as so used shall be deemed to be and to have been the grade thereof.

§ 25-106 Public utility corporations; filing of maps of real property.

Every public utility corporation, within ninety days after its acquisition of any real property within the city, shall file in the office of the president of the borough in which such property is situated, a map or survey drawn to a scale and accurately indicating the location and boundaries of such property with reference to the streets, avenues, bridges, tunnels, bulkhead or pierhead lines, parks or other public places shown on the city map. Every such corporation shall within the same period of time file a copy of each such map or survey in the office of the department of city planning and in the office of the commissioner of transportation. For a failure to file any such map or survey or copy thereof within the period required therefor such public utility corporation shall be liable to the city in a penalty of ten dollars for each and every day during which such map or survey or copy thereof has not been filed, as hereinabove required, and an action may be brought for the recovery thereof in the name of the city.

§ 25-107 Failure to include street upon map; effect of.

The failure to include any street upon the city map shall not have the effect of closing such street.

§ 25-108 Map changes affecting certain cemetery lands.

Notwithstanding any provisions of the not-for-profit corporation law, or of any other law, general or special, that portion of the city map relating to Interborough Parkway shall not be altered or amended so as to affect the lands of any cemetery association except by and with the consent of the trustees of any such cemetery association the lands of which would be affected, and of the board of estimate.

§ 25-109 Streets not to be opened through grounds of certain institutions.

  1. It shall be unlawful to open any streets through the grounds belonging to the corporation of Fordham University in its actual occupation of the area generally bounded by Bronx Park on the north and east, Fordham Road on the south, and the tracks of the Harlem Division of the New York Central and Hudson River Railroad Company on the west.
  2. It shall also be unlawful to open any streets through or upon any part of the land and premises owned by New York University, extending from Sedgwick avenue to Aqueduct avenue, and lying immediately south of and adjacent to One hundred eighty-first street, sometimes called University avenue, so long as the same shall be owned or occupied for educational purposes by such university.
  3. It shall be unlawful to open any streets through the grounds of Columbia University, from One hundred sixteenth street to One hundred twentieth street, between Amsterdam avenue and Broadway, so long as such grounds are owned or occupied for educational purposes.
  4. It shall be unlawful to open any streets through or upon any part of the land and premises owned by Manhattan College, within the territory bounded by West 244th street and its easterly prolongation, Post road and Spuyten Duyvil parkway, so long as the same shall be owned or occupied for educational purposes.
  5. It shall be unlawful to open any streets through or upon any part of the land and premises owned by the college of Mount Saint Vincent, without the territory bounded approximately by the northerly city line, Riverdale avenue, West 261st street, Netherland avenue, a line about thirteen hundred feet southerly of the city line and the tracks of the New York Central and Hudson River Railroad, so long as the same shall be owned or occupied for educational purposes.
  6. It shall be unlawful to open any streets through or upon any part of the land or premises owned by the college of Mount Saint Vincent, except West 261st street, between Riverdale avenue and the New York Central and Hudson River Railroad right-of-way and Palisade avenue south of West 261st street as they are now indicated upon the city map, or as they may in the future be changed in width or alignment, within the territory bounded approximately by the northerly city line, Riverdale avenue, West 261st street, Palisade avenue, a line about 1,400 feet southerly of the city line and the tracks of the New York Central and Hudson River Railroad, so long as they shall be owned or occupied for educational purposes.

§ 25-110 City planning commission to regulate the height and bulk of buildings, areas of yards, courts and open spaces and density of population.

  1. The city planning commission, subject to the provisions of sections one hundred ninety-seven-c, two hundred and two hundred one of the charter, where applicable, shall have power to regulate and limit the height and bulk of buildings, to regulate and determine the area of yards, courts and other open spaces and to regulate density of population. The commission, subject to the same limitations, may divide the city into districts of such number, shape and area as it may deem best suited to carry out such purposes.
  2. The regulations as to height and bulk of buildings, the area of yards, courts and other open spaces and density of population shall be uniform for each class of buildings throughout each district. The regulation in one or more districts may differ from those in other districts. Such regulations shall be designed to secure safety from fire and other dangers and to promote the public health and welfare, including, so far as conditions may permit, provisions for adequate light, air and convenience of access.
  3. The commission shall pay reasonable regard to the character of buildings erected in each district, the value of the land and the use to which it may be put, to the end that such regulations may promote public health, safety and welfare and the most desirable use for which the land of each district may be adapted and may tend to conserve the value of the buildings and may enhance the value of land throughout the city.

§ 25-111 City planning commission to regulate location of trades and industries and of buildings designed for specific uses.

  1. The city planning commission, subject to the provisions of sections one hundred ninety-seven-c, two hundred and two hundred one of the charter, where applicable, may regulate and restrict the location of trades and industries and the location of buildings designed for specific uses, and may divide the city into districts of such number, shape and area as it may deem best suited to carry out such purposes.
  2. For each such district, regulations may be imposed designating the trades and industries that shall be excluded or subjected to special regulations and designating the uses for which buildings may not be erected or altered. Such regulations shall be designed to promote the public health, safety and general welfare.
  3. The commission shall give reasonable consideration, among other things, to the character of the district, its peculiar suitability for particular uses, the conservation of property values, and the direction of building development in accord with a well-considered plan.

§ 25-112 Prohibition of cemeteries in Queens.

  1. No person, association or corporation shall take by deed, devise or otherwise any land in the county of Queens for cemetery purposes, nor set apart or use any ground for cemetery purposes in such county. Existing religious corporations, cemetery associations and corporations, however, shall have the right to use for cemetery purposes, land lawfully taken by recorded deed, or devise and set apart or used for cemetery purposes or for the purposes of the convenient transaction of their general business, prior to July seventeenth, nineteen hundred forty-seven.
  2. The provisions of subdivision a of this section shall not in any manner prevent an incorporated religious society organized under the laws of the state of New York prior to the year eighteen hundred twenty-five now owning cemetery land in Queens county from acquiring and using land of not more than ten acres contiguous to said cemetery land as and when said additional land in its ownership and use for cemetery purposes has been approved by the city council.
  3. The provisions of subdivision a of this section shall not in any manner prevent a cemetery corporation organized under the laws of the state of New York prior to the year nineteen hundred nine, now owning cemetery land in Queens county, from using additional land lawfully taken by recorded deed or devise prior to December 31, 1972, provided such additional land consists of not more than two acres on one or more contiguous lots across a street and opposite said cemetery land, and its use for cemetery purposes has been approved by the city council after a public hearing. Notice of such public hearing shall be published pursuant to the requirements of section 1506 of the not-for-profit corporation law, or successor provision of law, in a newspaper of general circulation. The applicant shall submit to the council proof of publication in the form of a signed certificate of publication, with the affidavits of publication of such newspaper annexed thereto. The applicant shall pay the costs of such publication.

§ 25-113 Filing of subdivision maps and recording of deeds of subdivision property.

  1. Every map referred to in section two hundred two of the charter shall be prepared, approved and certified and shall be filed as follows: one copy thereof in the office in which conveyances of real estate are required to be recorded in the county in which the land shown thereon is situated; one copy thereof in the office of the corporation counsel; one copy thereof in the office of the president of the borough in which the land shown on the map is situated; one copy thereof in the office of the secretary of the board of estimate; one copy thereof in the office of the department of city planning; one copy thereof in the office of the city clerk; and, one copy thereof in the office of the department of buildings for the county in which the land shown thereon is situated.
  2. The register or county clerk, as the case may be, shall refuse:

   1. To receive for filing any such subdivision map unless the commission or the department of buildings has certified that the subdivision does not result in the violation of any applicable zoning laws.

   2. To accept for recording any deed or other instrument affecting real property which has a map attached thereto or made a part thereof, unless it shall have endorsed thereon the certification of the secretary of the board of estimate to the effect that the same has been approved pursuant to section two hundred two of the charter and unless the commissioner of the department of buildings has certified that such subdivision does not result in the violation of any applicable zoning laws.

§ 25-114 Privately owned public spaces.

  1. For the purposes of this section:

   Privately owned public space. The term “privately owned public space” means (1) a plaza, residential plaza, urban plaza, public plaza, elevated plaza, arcade, through block arcade, through block galleria, through block connection, open air concourse, covered pedestrian space, publicly accessible space or sidewalk widening provided for in the zoning resolution now or previously in effect; (2) such other privately owned outdoor or indoor space required to be open to the public and for which the department of city planning maintains a record in the privately owned public space data set accessible through the open data web portal that is linked to nyc.gov or successor website pursuant to section 23-502; and (3) such other privately owned outdoor or indoor spaces required to be open to the public pursuant to any of the following actions occurring on or after January 1, 2001: (i) a decision, authorization, certification, or special permit issued by the city planning commission; (ii) a certification issued by the chair of the city planning commission; (iii) a variance of the zoning resolution or special permit issued by the board of standards and appeals; or (iv) action taken by the council pursuant to section 197-d of the charter. Such term does not include any waterfront public access areas regulated pursuant to article 6 chapter 2 of the zoning resolution. With respect to item (3) of this definition, the requirements of subdivisions c and f of this section shall not apply until after the date of the first report required pursuant to subdivision b of this section.

  1. On July 1, 2019 and annually thereafter, the department of city planning shall provide to the mayor and the speaker of the council a report that shall, at minimum, contain the following information about each privately owned public space in existence on the date of such report:

   1. The address;

   2. The type of privately owned public space;

   3. If the privately owned public space was established pursuant to a provision of the zoning resolution now or previously in effect, a citation to such provision;

   4. If the privately owned public space was established pursuant to a decision, authorization, or certification issued by the city planning commission, the chair of the city planning commission or the board of standards and appeals, the application number of such decision, authorization, or certification;

   5. The operational requirements for such privately owned public space including the hours of access and all required amenities for such privately owned public space; and

   6. If such privately owned public space is required by applicable law to file a periodic compliance report with the department:

      (a) Whether such report was filed as required; and

      (b) The compliance status indicated by such report.

  1. The department shall make available to the public on the department’s website the following information and functionality in relation to privately owned public spaces:

   1. All reports prepared pursuant to subdivision b of this section;

   2. An interactive map displaying the location of each privately owned public space, the information about each privately owned public space specified in paragraphs 1, 2 and 5 of subdivision b of this section;

   3. For all privately owned public spaces established on or after October 1, 2017, a site map of the contours of the privately owned public space relative to the other structures on the zoning lot and the adjacent streets or public ways;

   4. A mechanism for electronically filing complaints about privately owned public spaces with the department of buildings and the agency designated pursuant to subdivision f of this section; and

   5. Such other information as the department deems appropriate.

  1. The department shall be authorized to enter into a contract with one or more organizations incorporated under the not-for-profit corporation law for the performance of some or all of the duties to be performed pursuant subdivision c of this section.
  2. Regardless of the requirements of the zoning resolution, the owner of each privately owned public space shall post in such privately owned public space signage, of such size, design and content and in such location as may be specified by rule of the department of city planning, stating the name and contact information of the person charged by such owner with oversight of complaints about such privately owned public space. In addition to any other information as may be required by the department of city planning, such signage shall include a statement that such privately owned public space is open to the public, the hours it is open, the primary amenities it is required to provide, and a statement that complaints can be registered by calling 311. In relation to any privately owned public spaces established on or after October 1, 2017, such signage shall also include a site map, as approved by the department, displaying the contours of such privately owned public space relative to the other structures on the zoning lot and the adjacent streets or public ways.
  3. The mayor or the mayor’s designee shall designate an agency to enforce provisions of the zoning resolution and applicable laws regulating privately owned public spaces.

   1. Such agency shall inspect each privately owned public space no later than June 30, 2019 and at least once every three years thereafter to ensure that such space is in compliance with applicable law and shall issue notices of violation returnable to the office of administrative trials and hearings.

   2. On December 31 of each year, the commissioner of such agency shall report to the mayor and the speaker of the council the following information in connection with each privately owned public space: a list of the complaints received, the enforcement actions taken, whether the department of buildings authorized closure of such privately owned public space and if so, the duration of and reason for each such closure. Enforcement actions include but are not limited to inspections, issuance of notices of violations, decisions of administrative tribunals within the office of administrative trials and hearings and the imposition of penalties.

§ 25-115 Pre-application process exemptions.

  1. An application for changes in the zoning resolution pursuant to section 200 of the charter, other than changes in the designation of zoning districts, may be filed with the department of city planning and shall, at the applicant’s election, be exempt from the pre-application requirements of chapter 10 of title 62 of the rules of the city of New York, if at least one of the applicants is a borough president, the mayor or the land use committee of the council if two-thirds of the members of such committee shall have voted to approve such filing.

Chapter 2: Board of Standards and Appeals

§ 25-201 Temporary vacancies; filling of.

In the event of the absence or illness of an appointed member, the mayor shall have power to appoint another person to act in his or her place at any meeting or meetings during such period of absence or illness.

§ 25-202 Fees.

The fees hereinbelow set forth shall be charged for the following applications, appeals, filings and reviews:

  1. Zoning variances. Application for any variance under the zoning resolution with respect to:

   a. (1) Individually owned one and two family dwellings: $1,100.00.

      (2) Individually owned three family dwellings: $1,700.00.

   b. Other buildings and structures (fee schedule applicable to square footage involved in application), and junk yards, parking lots, automotive service stations and other similar uses (fee schedule applicable to lot area involved in application).

      (1) 10,000 square feet or less of floor area or lot area: $3,950.00.

      (2) In excess of 10,000 but not more than 20,000 square feet of floor area or lot area: $5,480.00.

      (3) In excess of 20,000 but not more than 40,000 square feet of floor area or lot area: $7,040.00.

      (4) In excess of 40,000 but not more than 70,000 square feet of floor area or lot area: $8,560.00.

      (5) In excess of 70,000 but not more than 100,000 square feet of floor area or lot area: $10,100.00.

      (6) In excess of 100,000 square feet of floor area: $10,100.00 for the first 100,000 square feet of floor area plus 5.0% of square footage in units of 10,000 square feet above 100,000 square feet of floor area.

      (7) In excess of 100,000 square feet of lot area: $11,200.00.

   c. All other applications for any zoning variance under the zoning resolution not subject to paragraph a or b of this subdivision: $5,480.00.

  1. Zoning special permits. Application for any special permit under the zoning resolution with respect to:

   a. (1) Individually owned one and two family dwellings: $1,000.00.

      (2) Individually owned three family dwellings: $1,570.00.

   b. Other buildings and structures (fee schedule applicable to square footage involved in application), and junk yards, parking lots, automotive service stations and other similar uses (fee schedule applicable to lot area involved in application):

      (1) 10,000 square feet or less of floor area or lot area: $2,960.00.

      (2) In excess of 10,000 but not more than 20,000 square feet of floor area or lot area: $4,130.00.

      (3) In excess of 20,000 but not more than 40,000 square feet of floor area or lot area: $5,280.00.

      (4) In excess of 40,000 but not more than 70,000 square feet of floor area or lot area: $6,430.00.

      (5) In excess of 70,000 but not more than 100,000 square feet of floor area or lot area: $7,580.00.

      (6) In excess of 100,000 square feet of floor area: $7,580.00 for the first 100,000 square feet of floor area plus 5.0% of square footage in units of 10,000 square feet above 100,000 square feet of floor area.

      (7) In excess of 100,000 square feet of lot area: $8,400.00.

   c. Application for any special permit under the zoning resolution not subject to paragraph a or b of this subdivision: $4,130.00.

  1. Special order calendar.

   a. Application to reargue or rehear an application pursuant to the rules of practice and procedure of the board of standards and appeals: $1,850.00.

   b. Application for amendment of a variance or special permit previously granted under the zoning resolution with respect to:

      (1) Individually owned one and two family dwellings: $440.00.

      (2) Individually owned three family dwellings: $920.00.

      (3) All other developments: $2,110.00.

   c. Application for an extension of time:

      (1) To obtain a certificate of occupancy pursuant to a resolution of the board of standards and appeals: $1,200.00.

      (2) To complete construction pursuant to section 72-23 or 73-70 of the zoning resolution: $1,200.00

   d. Application for extension of term of a variance or special permit previously granted under the zoning resolution with respect to individually owned one, two or three family dwellings, other buildings and structures (fee schedule applicable to square footage involved in application), and junkyards, parking lots, automotive service stations and other similar uses (fee schedule applicable to lot area involved in application):

      (1) Individually owned one, two or three family dwellings: $550.00.

      (2) 10,000 square feet or less of floor area or lot area: $2,370.00.

      (3) In excess of 10,000 but not more than 20,000 square feet of floor area or lot area: $3,290.00

      (4) In excess of 20,000 but not more than 40,000 square feet of floor area or lot area: $4,220.00

      (5) In excess of 40,000 but not more than 70,000 square feet of floor area or lot area: $5,140.00.

      (6) In excess of 70,000 but not more than 100,000 square feet of floor area or lot area: $6,060.00.

      (7) In excess of 100,000 square feet of floor area: $6,060.00 for the first 100,000 square feet of floor area plus 5.0% of square footage in units of 10,000 square feet above 100,000 square feet of floor area.

      (8) In excess of 100,000 square feet of lot area: $6,720.00.

      (9) All other applications: $3,290.00.

   e. Application to waive the rules of practice and procedure of the board of standards and appeals when:

      (1) Application to extend time to complete construction is filed one year or less after the permitted filing period: $660.00.

      (2) Application to extend time to complete construction is filed more than one year after the permitted filing period: $920.00.

      (3) Application to extend the term of a previously issued variance, special permit or appeal is filed one year or less be after the permitted filing period: $1,180.00.

      (4) Application to extend the term of a previously issued variance, special permit or appeal, is filed between one and two years after the permitted filing period: $1,850.00.

      (5) Application to extend the term of a previously issued variance, special permit or appeal, is filed more than two years after the permitted filing period: $2,630.00.

      (6) Application to extend the term of a previously issued variance, special permit or appeal, is filed more than ten years after the permitted filing period: $5,000.

   f. Application for minor amendments that is in substantial compliance with previous grant: $930.00.

  1. Appeals.

   a. Application to waive section thirty-five or thirty-six of the general city law with respect to:

      (1) One, two and three family residences, per building permit: $790.00.

      (2) All other residences, per building permit: $1,540.00.

      (3) All other buildings and properties, per building permit: $1,980.00.

   b. Appeal from or application for review of any order, requirement or determination of the commissioner of buildings or of any borough superintendent of the department of buildings or of the fire commissioner or any rule or regulation or amendment or repeal thereof made by the fire commissioner or the commissioner of small business services with respect to:

      (1) One, two and three family residences, per building permit: $1,260.00.

      (2) All other residences, per building permit: $2,460.00.

      (3) All other buildings and properties, per building permit: $3,160.00.

   c. Application to vest building permit under the common law doctrine of vested rights with respect to:

      (1) One, two and three family residences, per building permit: $940.00.

      (2) All other residences, per building permit: $2,460.00.

      (3) All other buildings and properties, per building permit: $3,160.00.

   d. Application for amendment of prior approval of appeals from or application for review of any order, requirement or determination of the commissioner of buildings or of any borough superintendent of the department of buildings or of the fire commissioner or any rule or regulation or amendment or repeal thereof made by the fire commissioner or the commissioner of small business services with respect to:

      (1) One, two and three family residences: $920.00.

      (2) All other developments: $2,110.00.

  1. Application for extension of period to complete construction pursuant to section 11-33 of the zoning resolution:

   a. One, two and three family residences, per building permit: $940.00.

   b. All other residences, per building permit: $3,690.00.

   c. All other buildings and properties, per building permit: $4,740.00.

  1. Exemptions. The provisions of this section shall not apply if a municipal department or agency of the city is the applicant or appellant before the board of standards and appeals.
  2. Other. Request to obtain off-site file of previous applications to the board of standards and appeals: $50.00.

§ 25-203 Board’s orders; violation; penalty.

Any person who shall knowingly violate or fail to comply with any lawful order or requirement of the board made under the authority of sections six hundred sixty-six and six hundred sixty-eight of the charter shall be guilty of a misdemeanor; and in addition thereto, and in addition to all other liabilities and penalties imposed by law, shall forfeit and pay for each such violation and non-compliance respectively, a penalty in the sum of not more than two hundred and fifty dollars, as may be fixed by the court awarding judgment therefor. An action may be brought for the recovery of any such penalty or penalties in the New York city civil court or any other court of record in the city, in the name of the city.

§ 25-204 Non-appealable orders.

The following are not appealable to the board:

  1. An order requiring an unsafe building, staging or structure to be made safe;
  2. An order, requirement, decision or determination made with respect to or under the provisions of section 26-127 of the code and article eight of subchapter three of chapter one of title twenty-six of the code.

§ 25-205 Multiple dwelling law not to be varied.

The board shall not vary or modify the multiple dwelling law nor any order, regulation or ruling of the commissioner of housing preservation and development, except as provided in section three hundred ten of the multiple dwelling law, and except that any such order, regulation or ruling issued under the provisions of chapter two of title twenty-seven of the code may be varied or modified by the board to the extent permitted by such chapter in the manner and subject to the conditions therein specified. This section shall not deprive the board of any of its powers of review on appeal.

§ 25-206 Decision on appeals; form of.

The decision on appeals shall be in writing and, so far as is practicable, shall be in the form of a general statement or resolution which shall be applicable to cases similar to or falling within the principles passed upon in such decision.

§ 25-207 Certiorari.

  1. Petition. Any person or persons, jointly or severally aggrieved by any decision of the board may present to the supreme court a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to a justice of the supreme court or at a special term of the supreme court within thirty days after the filing of the decision in the office of the board.
  2. Order of certiorari. Upon the presentation of such petition, the justice or court may allow an order of certiorari directed to the board to review such decision and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which shall not be less than ten days and may be extended by the court or a justice thereof. Such order shall be returnable at a special term of the supreme court of the judicial district in which the property affected, or a portion thereof, is situated. The allowance of the order shall not stay proceedings upon the decision appealed from, but the court may on application, on notice to the board and on due cause shown, grant a restraining order.
  3. Return to order. The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such order. The return must concisely set forth such other facts as may be pertinent and material to show the grounds of the decisions appealed from and must be verified.
  4. Proceedings upon return. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
  5. Costs. Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
  6. Preferences. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

§ 25-208 Reports on variances and special permits.

  1. Not later than December 15, 2017 and no later than December 15 each year thereafter, the board of standards and appeals shall provide to the speaker of the council and post on its website in a non-proprietary format that permits automated processing, a report regarding variances and special permits for the first four months of the current fiscal year. Such report shall include the following information for the reporting period, disaggregated by variance or type of permit:

   1. the number of pre-application meeting requests filed;

   2. the number of applications filed;

   3. the number of applications filed for which a pre-application meeting request was held;

   4. the number of applications for which an initial hearing was held;

   5. the number of applications that were approved;

   6. the number of applications that were denied;

   7. the number of appeals filed;

   8. the number of appeals granted;

   9. the number of appeals denied;

   10. the average length of time from when an application was filed to when a decision was made; and

   11. the average length of time from when an appeal was filed to when a decision was made.

  1. Not later than September 1, 2017 and no later than September 1 each year thereafter, the board of standards and appeals shall provide to the speaker of the council and post on its website in a non-proprietary format that permits automated processing a report regarding variances and special permits for the previous fiscal year. Such report shall include the following information for the reporting period, disaggregated by variance or type of permit:

   1. the number of pre-application meeting requests filed;

   2. the number of applications filed;

   3. the number of applications filed for which a pre-application meeting request was held;

   4. the number of applications for which an initial hearing was held;

   5. the number of applications that were approved;

   6. the number of applications that were denied;

   7. the number of appeals filed;

   8. the number of appeals granted;

   9. the number of appeals denied;

   10. the average length of time from when an application was filed to when a decision was made; and

   11. the average length of time from when an appeal was filed to when a decision was made.

§ 25-209 Notice of expiration of a variance or special permit.

For any variance or special permit granted by the board after December 31, 2013 pursuant to sections 666 and 668 of the charter for which such board imposed a term, the board shall notify, no later than six months prior to the expiration of the term of such variance or special permit, the owner of record of the subject property and the community board for the community district in which the subject property is located that the term of such variance or special permit will expire. Such notification shall be sent via first class mail and, if practicable, via email. Use of such subject property after the expiration of such term in a manner that is inconsistent with the certificate of occupancy or with records of the department of buildings shall subject such property to a violation of section 28-118.3.2 of this code. Such notification shall also inform the owner of record of the subject property that the board may not approve an application to extend the term of a variance or special permit until penalties imposed pursuant to a violation of such section are paid in full.

Chapter 3: Landmarks Preservation Preservation and Historic Districts

§ 25-301 Purpose and declaration of public policy.

  1. The council finds that many improvements, as herein defined, and landscape features, as herein defined, having a special character or a special historical or aesthetic interest or value and many improvements representing the finest architectural products of distinct periods in the history of the city, have been uprooted, notwithstanding the feasibility of preserving and continuing the use of such improvements and landscape features, and without adequate consideration of the irreplaceable loss to the people of the city of the aesthetic, cultural and historic values represented by such improvements and landscape features. In addition, distinct areas may be similarly uprooted or may have their distinctiveness destroyed, although the preservation thereof may be both feasible and desirable. It is the sense of the council that the standing of this city as a world wide tourist center and world capital of business, culture and government cannot be maintained or enhanced by disregarding the historical and architectural heritage of the city and by countenancing the destruction of such cultural assets.
  2. It is hereby declared as a matter of public policy that the protection, enhancement, perpetuation and use of improvements and landscape features of special character or special historical or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this chapter is to (a) effect and accomplish the protection, enhancement and perpetuation of such improvements and landscape features and of districts which represent or reflect elements of the city’s cultural, social, economic, political and architectural history; (b) safeguard the city’s historic, aesthetic and cultural heritage, as embodied and reflected in such improvements, landscape features and districts; (c) stabilize and improve property values in such districts; (d) foster civic pride in the beauty and noble accomplishments of the past; (e) protect and enhance the city’s attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; (f) strengthen the economy of the city; and (g) promote the use of historic districts, landmarks, interior landmarks and scenic landmarks for the education, pleasure and welfare of the people of the city.

§ 25-302 Definitions.

As used in this chapter, the following terms shall mean and include:

  1. “Alteration.” Any of the acts defined as an alteration by the building code of the city.
  2. “Appropriate protective interest.” Any right or interest in or title to an improvement parcel or any part thereof, including, but not limited to, fee title and scenic or other easements, the acquisition of which by the city is determined by the commission to be necessary and appropriate for the effectuation of the purpose of this chapter.
  3. “Capable of earning a reasonable return.” Having the capacity, under reasonably efficient and prudent management, of earning a reasonable return. For the purposes of this chapter, the net annual return, as defined in subparagraph (a) of paragraph three of subdivision v of this section, yielded by an improvement parcel during the test year, as defined in subparagraph (b) of such paragraph, shall be presumed to be the earning capacity of such improvement parcel, in the absence of substantial grounds for a contrary determination by the commission.

c-1. “Chair.” The chair of the landmarks preservation commis- sion.

  1. “City-aided project.” Any physical betterment of real property, which:

   (1) may not be constructed or effected without the approval of one or more officers or agencies of the city; and

   (2) upon completion, will be owned in whole or in part by any person other than the city; and

   (3) is planned to be constructed or effected, in whole or in part, with any form of aid furnished by the city (other than under this chapter), including, but not limited to, any loan, grant, subsidy or other mode of financial assistance, exercise of the city’s powers of eminent domain, contribution of city property, or the granting of tax exemption or tax abatement; and

   (4) will involve the construction, reconstruction, alteration or demolition of any improvement in a historic district or of a landmark.

  1. “Commission.” The landmarks preservation commission.
  2. “Day.” Any day other than a Saturday, Sunday or legal holiday; provided, however, that for purposes of section 25-303 and subdivision d of section 25-317 of this chapter, the term “day” shall mean every day in the week.

f-1. “Designation report.” The report prepared by the commission and used as a basis for designating a landmark or historic district pursuant to this chapter.

  1. “Exterior architectural feature.” The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.
  2. “Historic district.” Any area which:

   (1) contains improvements which:

      (a) have a special character or special historical or aesthetic interest or value; and

      (b) represent one or more periods or styles of architecture typical of one or more eras in the history of the city; and

      (c) cause such area, by reason of such factors, to constitute a distinct section of the city; and

   (2) has been designated as a historic district pursuant to the provisions of this chapter.

  1. “Improvement.” Any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment.
  1. “Improvement parcel.” The unit of real property which (1) includes a physical betterment constituting an improvement and the land embracing the site thereof, and (2) is treated as a single entity for the purpose of levying real estate taxes, provided however, that the term “improvement parcel” shall also include any unimproved area of land which is treated as a single entity for such tax purposes.
  2. “Interior.” The visible surfaces of the interior of an improvement.
  3. “Interior architectural feature.” The architectural style, design, general arrangement and components of an interior, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such interior.
  4. “Interior landmark.” An interior, or part thereof, any part of which is thirty years old or older, and which is customarily open or accessible to the public, or to which the public is customarily invited, and which has a special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation, and which has been designated as an interior landmark pursuant to the provisions of this chapter.
  5. “Landmark.” Any improvement, any part of which is thirty years old or older, which has a special character or special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation, and which has been designated as a landmark pursuant to the provisions of this chapter.
  6. “Landmark site.” An improvement parcel or part thereof on which is situated a landmark and any abutting improvement parcel or part thereof used as and constituting part of the premises on which the landmark is situated, and which has been designated as a landmark site pursuant to the provisions of this chapter.
  7. “Landscape feature.” Any grade, body of water, stream, rock, plant, shrub, tree, path, walkway, road, plaza, fountain, sculpture or other form of natural or artificial landscaping.
  8. “Minor work.” Any change in, addition to or removal from the parts, elements or materials comprising an improvement, including, but not limited to, the exterior architectural features or interior architectural features thereof and, subject to and as prescribed by regulations of the commission if and when promulgated pursuant to section 25-319 of this chapter, the surfacing, resurfacing, painting, renovating, restoring or rehabilitating of the exterior architectural features or interior architectural features or the treating of the same in any manner that materially alters their appearance, where such change, addition or removal does not constitute ordinary repairs and maintenance and is of such nature that it may be lawfully effected without a permit from the department of buildings.

q-1. “Offense.” As used in the phrase “second and subsequent offense”, a violation encompassing some or all of the conditions or actions described or encompassed by a prior notice of violation or summons. For purposes of this definition, there shall be a presumption that the conditions encompassed by a second or subsequent offense have been in existence for each day between the time the respondent admits to liability or is found liable for or guilty of the prior offense and the time the second or subsequent notice of violation or summons is served.

  1. “Ordinary repairs and maintenance.” Any:

   (1) work done on any improvement; or

   (2) replacement of any part of an improvement; for which a permit issued by the department of buildings is not required by law, where the purpose and effect of such work or replacement is to correct any deterioration or decay of or damage to such improvement or any part thereof and to restore same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.

  1. “Owner.” Any person or persons having such right to, title to or interest in any improvement so as to be legally entitled, upon obtaining the required permits and approvals from the city agencies having jurisdiction over building construction, to perform with respect to such property any demolition, construction, reconstruction, alteration or other work as to which such person seeks the authorization or approval of the commission pursuant to section 25-309 of this chapter.
  2. “Person in charge.” The person or persons possessed of the freehold of an improvement or improvement parcel or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person directly or indirectly in control of an improvement or improvement parcel.
  3. “Protected architectural feature.” Any exterior architectural feature of a landmark or any interior architectural feature of an interior landmark.
  4. “Reasonable return.”

   (1) A net annual return of six per centum of the valuation of an improvement parcel.

   (2) Such valuation shall be the current assessed valuation established by the city, which is in effect at the time of the filing of the request for a certificate of appropriateness; provided that:

      (a) The commission may make a determination that the valuation of the improvement parcel is an amount different from such assessed valuation where there has been a reduction in the assessed valuation for the year next preceding the effective date of the current assessed valuation in effect at the time of the filing of such request; and

      (b) The commission may make a determination that the value of the improvement parcel is an amount different from the assessed valuation where there has been a bona fide sale of such parcel within the period between March fifteenth, nineteen hundred fifty-eight, and the time of the filing of such request, as the result of a transaction at arm’s length, on normal financing terms, at a readily ascertainable price, and unaffected by special circumstances such as, but not limited to, a forced sale, exchange of property, package deal, wash sale or sale to a cooperative. In determining whether a sale was on normal financing terms, the commission shall give due consideration to the following factors:

         (1) The ratio of the cash payment received by the seller to (a) the sales price of the improvement parcel and (b) the annual gross income from such parcel;

         (2) The total amount of the outstanding mortgages which are liens against the improvement parcel (including purchase money mortgages) as compared with the assessed valuation of such parcel;

         (3) The ratio of the sales price to the annual gross income of the improvement parcel, with consideration given, where the improvement is subject to residential rent control, to the total amount of rent adjustments previously granted, exclusive of rent adjustments because of changes in dwelling space, services, furniture, furnishings, or equipment, major capital improvements, or substantial rehabilitation;

         (4) The presence of deferred amortization in purchase money mortgages, or the assignment of such mortgages at a discount;

         (5) Any other facts and circumstances surrounding such sale which, in the judgment of the commission, may have a bearing upon the question of financing.

   (3) For the purposes of this subdivision v:

      (a) Net annual return shall be the amount by which the earned income yielded by the improvement parcel during a test year exceeds the operating expenses of such parcel during such year, excluding mortgage interest and amortization, and excluding allowances for obsolescence and reserves, but including an allowance for depreciation of two per centum of the assessed value of the improvement, exclusive of the land, or the amount shown for depreciation of the improvement in the latest required federal income tax return, whichever is lower; provided, however, that no allowance for depreciation of the improvement shall be included where the improvement has been fully depreciated for federal income tax purposes or on the books of the owner; and

      (b) Test year shall be (1) the most recent full calendar year, or (2) the owner’s most recent fiscal year, or (3) any twelve consecutive months ending not more than ninety days prior to the filing (a) of the request for a certificate, or (b) of an application for a renewal of tax benefits pursuant to the provisions of section 25-309 of this chapter, as the case may be.

  1. “Scenic landmark.” Any landscape feature or aggregate of landscape features, any part of which is thirty years old or older, which has or have a special character or special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated a scenic landmark pursuant to the provisions of this chapter.
  2. As used in section 25-317.1:

   (1) “Type A violation.” Except as otherwise defined by the rules of the commission, the following work done or condition created or maintained in violation of this chapter without an appropriate approval from the commission:

      (a) the removal of or alterations to, except for painting, a significant portion of an exterior architectural feature, including, without limitation thereof, removal of or alterations to:

         (i) the windows on a single facade or, where original, historic or special windows exist, the removal of or alterations to a significant portion of such original, historic or special windows on a single facade;

         (ii) a decorative element made of metal, glass, wood, brick, ceramic and/or stone including, without limitation thereof, a cornice, lintel, grille or molding;

         (iii) the paving stones or curbstones of a stone sidewalk;

         (iv) an exterior doorway or stoop;

         (v) a wall, fence, railing, porch, balcony or roof, including dormers, bays, gables and parapets; and

         (vi) a storefront, but not including the installation of signs, awnings, flagpoles or banners;

      (b) the removal of or alterations to a significant portion of a protected feature of an interior landmark as described in the designation report;

      (c) the construction of all or a portion of a new building, structure, addition or any other improvement on a landmark site or within the boundaries of a historic district. Without limiting the generality of the foregoing, any significant modification of the existing bulk or envelope of a building shall be a violation under this paragraph;

      (d) the elimination by paving or other construction of a significant portion of an area-way, planting area, or front, rear or side yards, where such feature is a significant component of the landmark or historic district;

      (e) where the improvement is not a building or an interior landmark, the removal of or alterations to a significant portion of such improvement;

      (f) the failure to submit to the commission any periodic inspection report required under the terms of a restrictive declaration recorded in connection with any zoning permit, certification or authorization granted to an improvement under the jurisdiction of the commission.

   (2) “Type B violation”. Except as otherwise defined by the rules of the commission, the failure to maintain an improvement in a condition of good repair in violation of section 25-311 of this chapter, and where such condition results or may result in significant deterioration of either a significant portion of the improvement or a character-defining, protected, architectural feature of such improvement.

      (a) For purposes of this subdivision, and without limiting the scope thereof, the term “significant deterioration” shall include the failure to maintain:

         (i) the improvement in a structurally sound or reasonably water-tight condition; or

         (ii) a character-defining, protected, architectural feature in a structurally sound or reasonably water-tight condition or otherwise failing to preserve the integral historic material of such feature.

      (b) For purposes of this subdivision, the term “significant deterioration” shall not include:

         (i) any condition that may permit some water penetration and/or evidence slight structural deterioration, unless such condition has existed over a period of time such that it has led or may reasonably lead to significant water penetration or structural damage to a significant part of a facade or roof; or

         (ii) the failure to maintain a small part of a single, character-defining, protected, architectural feature or a small portion of the decorative, architectural features of the improvement taken as a whole.

   (3) “Type C violation”. All other violations of this chapter, except for violations of section 25-311 of this chapter.

§ 25-303 Establishment of landmarks, landmark sites, interior landmarks, scenic landmarks and historic districts.

  1. For the purpose of effecting and furthering the protection, preservation, enhancement, perpetuation and use of landmarks, interior landmarks, scenic landmarks and historic districts, the commission shall have power, after a public hearing:

   (1) to designate and, as herein provided in subdivision j, in order to effectuate the purposes of this chapter, to make supplemental designations as additions to, a list of landmarks which are identified by a description setting forth the general characteristics and location thereof;

   (2) to designate and, in order to effectuate the purposes of this chapter, to make supplemental designations as additions to, a list of interior landmarks, not including interiors utilized as places of religious worship, which are identified by a description setting forth the general characteristics and location thereof;

   (3) to designate and, in order to effectuate the purposes of this chapter, to make supplemental designations as additions to a list of scenic landmarks, located on property owned by the city, which are identified by a description setting forth the general characteristics and location thereof; and

   (4) to designate historic districts and the location and boundaries thereof, and, in order to effectuate the purposes of this chapter, to designate changes in such locations and boundaries and designate additional historic districts and the location and boundaries thereof.

  1. It shall be the duty of the commission, after a public hearing, to designate a landmark site for each landmark and to designate the location and boundaries of such site.
  2. The commission shall have power, after a public hearing, to amend any designation made pursuant to the provisions of subdivisions a and b of this section.
  3. The commission may, after a public hearing, whether at the time it designates a scenic landmark or at any time thereafter, specify the nature of any construction, reconstruction, alteration or demolition of any landscape feature which may be performed on such scenic landmark without prior issuance of a report pursuant to subdivision c of section 25-318. The commission shall have the power, after a public hearing, to amend any specification made pursuant to the provisions of this subdivision.
  4. Subject to the provisions of subdivisions g and h of this section, any designation or amendment of a designation made by the commission pursuant to the provisions of subdivisions a, b and c of this section shall be in full force and effect from and after the date of the adoption thereof by the commission.
  5. Within ten days after making any such designation or amendment thereof, the commission shall file a copy of same with the council, the department of buildings, the city planning commission, the board of standards and appeals, the fire department and the department of health and mental hygiene.
    1. Within sixty days after such filing, the city planning commission shall (a) hold a public hearing on any such designation of a historic district and (b) shall submit to the council a report with respect to the relation of such designation, whether of a historic district or a landmark, interior landmark, scenic landmark, or landmark site, or amendment of such designation to the zoning resolution, projected public improvements and any plans for the development, growth, improvement or renewal of the area involved. The city planning commission shall include with any such report its recommendation, if any, for council action with respect to any such designation of a historic district.

   (2) The council may modify or disapprove by majority vote any designation of the commission or amendment thereof within one hundred twenty days after a copy thereof is filed with the council provided that the city planning commission has submitted the report required by this subdivision or that sixty days have elapsed since the filing of the designation or amendment with the council. All votes of the council pursuant to this subdivision shall be filed by the council with the mayor and shall be final unless disapproved by the mayor within five days of such filing. Any such disapproval by the mayor shall be filed by the mayor with the council and shall be subject to override by a two-thirds vote of the council within ten days of such filing. If the council shall disapprove such designation or amendment, such designation or amendment shall continue in full force and effect until the time for disapproval by the mayor has expired; provided, however, that if the mayor disapproves such council disapproval, it shall continue in full force and effect unless the council overrides the mayor’s disapproval. If the council shall modify such designation or amendment, such designation or amendment as adopted by the commission shall continue in full force and effect until the time for disapproval by the mayor has expired, and after such time such modification shall be in effect; provided, however, that if the mayor disapproves such council modification, the designation or amendment as adopted by the commission shall continue in full force and effect unless the council overrides the mayor’s disapproval, and in the event of override the modification shall take effect on and after the date of such override.

    1. The commission shall have power, after a public hearing, to adopt a resolution proposing rescission, in whole or in part, of any designation or amendment or modification thereof mentioned in the preceding subdivisions of this section. Within ten days after adopting any such resolution, the commission shall file a copy thereof with the council and the city planning commission.

   (2) Within sixty days after such filing, the city planning commission shall submit to the council a report with respect to the relation of such proposed rescission of any such designation, whether of a historic district or a landmark, interior landmark, scenic landmark or landmark site, or amendment or modification thereof, to the zoning resolution, projected public improvements and any plans for the development, growth, improvement, or renewal of the area involved.

   (3) The council may approve, disapprove or modify such proposed rescission within one hundred twenty days after a copy of the resolution proposing same is filed with the council, provided that the city planning commission has submitted the report required by this subdivision or that sixty days have elasped since the filing of such resolution. Failure to take action on such proposed rescission within such one hundred twenty-day period shall be deemed a vote to disapprove such proposed rescission. All votes of the council pursuant to this subdivision shall be filed by the council with the mayor and shall be final unless disapproved by the mayor within five days of such filing. Any such mayoral disapproval shall be filed by the mayor with the council and shall be subject to override by a two-thirds vote of the council within ten days of such filing. If such proposed rescission is approved or modified by the council, such rescission or modification thereof shall not take effect until the time for disapproval by the mayor has expired; provided, however, that if the mayor disapproves such rescission or modification, it shall not take effect unless the council overrides the mayor’s disapproval. If such proposed rescission is disapproved by the council, it shall not take effect unless the mayor disapproves such council disapproval and the council fails to override the mayor’s disapproval.

  1. The commission may at any time make recommendations to the city planning commission with respect to amendments of the provisions of the zoning resolution applicable to improvements in historic districts.
  1. All designations and supplemental designations of landmarks, landmark sites, interior landmarks, scenic landmarks and historic districts made pursuant to subdivision a shall be made pursuant to notices of public hearings given, as provided in section 25-313. In addition to such notice, the commission shall give notice to the city planning commission, all affected community boards and the office of the borough president in whose borough the property or district is located in advance of any public hearing relating to such designations.
  2. Upon its designation of any improvement parcel as a landmark and of any landmark site, interior landmark, scenic landmark or historic district or any amendment of any such designation or rescission thereof, the commission shall cause to be recorded in the office of the register of the city of New York in the county in which such landmark, interior landmark, scenic landmark or district lies, or in the case of landmarks, interior landmarks, scenic landmarks and districts in the county of Richmond in the office of the clerk of said county of Richmond, a notice of such designation, amendment or rescission describing the party affected by, in the case of the county of Richmond, its land map block number or numbers, and its tax map, block and lot number or numbers, and in the case of all other counties, by its land map block and lot number or numbers.
    1. Subject to subdivisions a through k of this section, the commission shall, upon the adoption of a motion, calendar an item to be considered for designation as a landmark, interior landmark, scenic landmark or historic district prior to holding a public hearing on such item.

   (2) The commission shall, after a public hearing, act to designate an item under consideration for designation as a landmark, interior landmark, or scenic landmark within 12 months after the date that the motion to calendar such item has been adopted by the commission. In the event the commission fails to designate the item within such 12 month period, the item shall be removed from the commission’s calendar, except that the commission or the chair acting upon delegation by the commission may, upon a determination that there is a need and with the written concurrence of the owner, extend the time to designate such item for no more than 12 additional months.

   (3) The commission shall, after a public hearing, act to designate an item under consideration for designation as an historic district within 24 months after the date that the motion to calendar such item has been adopted by the commission. In the event the commission fails to designate the item within such 24 month period, the item shall be removed from the commission’s calendar.

§ 25-304 Scope of commission’s powers.

  1. Nothing contained in this chapter shall be construed as authorizing the commission, in acting with respect to any historic district or improvement therein, or in adopting regulations in relation thereto, to regulate or limit the height and bulk of buildings, to regulate and determine the area of yards, courts and other open spaces, to regulate density of population or to regulate and restrict the locations of trades and industries or location of buildings designed for specific uses or to create districts for any such purpose.
  2. Except as provided in subdivision a of this section, the commission may, in exercising or performing its powers, duties or functions under this chapter with respect to any improvement in a historic district or on a landmark site or containing an interior landmark, or any landscape feature of a scenic landmark, apply or impose, with respect to the construction, reconstruction, alteration, demolition or use of such improvement or landscape feature or the performance of minor work thereon, regulations, limitations, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to other provisions of law applicable to such activities, work or use.

§ 25-305 Regulation of construction, reconstruction, alterations and demolition.

    1. Except as otherwise provided in paragraph two of this subdivision a, it shall be unlawful for any person in charge of a landmark site or an improvement parcel or portion thereof located in an historic district or any part of an improvement containing an interior landmark to alter, reconstruct or demolish any improvement constituting a part of such site or constituting a part of such parcel and located within such district or containing an interior landmark, or to construct any improvement upon land embraced within such site or such parcel and located within such district, or to cause or permit any such work to be performed on such improvement or land, unless the commission has previously issued a certificate of no effect on protected architectural features, a certificate of appropriateness or a notice to proceed authorizing such work, and it shall be unlawful for any other person to perform such work or cause same to be performed, unless such certificate or notice has been previously issued.

   (2) The provisions of paragraph one of this subdivision a shall not apply to any improvement mentioned in subdivision a of section 25-318 of this chapter, or to any city-aided project, or in cases subject to the provisions of section 25-312 of this chapter.

   (3) It shall be unlawful for the person in charge of any improvement or land mentioned in paragraph one of this subdivision a to maintain same or cause or permit same to be maintained in the condition created by any work in violation of the provisions of such paragraph one.

    1. Except in the case of any improvement mentioned in subdivision a of section 25-318 of this chapter and except in the case of a city-aided project, no application shall be approved and no permit or amended permit for the construction, reconstruction, alteration or demolition of any improvement located or to be located on a landmark site or in an historic district or containing an interior landmark shall be issued by the department of buildings, and no application shall be approved and no special permit or amended special permit for such construction, reconstruction or alteration, where required by article seven of the zoning resolution, shall be granted by the city planning commission or the board of standards and appeals, until the commission shall have issued either a certificate of no effect on protected architectural features, a certificate of appropriateness or a notice to proceed pursuant to the provisions of this chapter as an authorization for such work.
    1. A copy of every application or amended application for a permit to construct, reconstruct, alter or demolish any improvement located or to be located on a landmark site or in an historic district or containing an interior landmark shall, at the time of the submission of the original thereof to the department of buildings, be filed by the applicant with the commission. A copy of every application, under article seven of the zoning resolution, for a special permit for any work which includes the construction, reconstruction or alteration of any such improvement shall, at the time of the submission of such application or amended application of the city planning commission or the board of standards and appeals, as the case may be, be filed with the commission.

   (2) Every such copy of an application or amended application filed with the commission shall include plans and specifications for the work involved, or such other statement of the proposed work as would be acceptable by the department of buildings pursuant to the building code. The applicant shall furnish the commission with such other information relating to such application as the commission may from time to time require.

   (3) Together with the copies of such application or amended application, every such applicant shall file with the commission a request for a certificate of no effect on protected architectural features or a certificate of appropriateness in relation to the proposed work specified in such application.

§ 25-306 Determination of request for certificate of no effect on protected architectural features.

    1. In any case where an applicant for a permit from the department of buildings to construct, reconstruct, alter or demolish any improvement on a landmark site or in an historic district or containing an interior landmark, or an applicant for a special permit from the city planning commission or the board of standards and appeals authorizing any such work pursuant to article seven of the zoning resolution, or amendments thereof, files a copy of such application or amended application with the commission, together with a request for a certificate of no effect on protected architectural features, the commission shall determine:

      (a) whether the proposed work would change, destroy or affect any exterior architectural feature of the improvement on a landmark site or in an historic district or any interior architectural feature of the interior landmark upon which said work is to be done; and

      (b) in the case of construction of a new improvement, whether such construction would affect or not be in harmony with the external appearance of other, neighboring improvements on such site or in such district. If the commission determines such question in the negative, it shall grant such certificate; otherwise, it shall deny such request.

   (2) Within thirty days after the filing of such application and request, the commission shall either grant such certificate, or give notice to the applicant of a proposed denial of such request. Upon written demand of the applicant filed with the commission after the giving of notice of a proposed denial, the commission shall confer with the applicant. The commission shall determine the request for a certificate within thirty days after the filing of such demand. If a demand is not filed within ten days after the giving of notice of the proposed denial, the commission shall determine such request within five days after the expiration of such ten-day period.

   (3) In the event of a denial of such a certificate, the applicant may file with the commission a request for a certificate of appropriateness with respect to the proposed work specified in such application.

§ 25-307 Factors governing issuance of certificate of appropriateness.

  1. In any case where an applicant for a permit to construct, reconstruct, alter or demolish any improvement on a landmark site, or in an historic district or containing an interior landmark, files such application with the commission together with a request for a certificate of appropriateness, and in any case where a certificate of no effect on protected architectural features is denied and the applicant thereafter, pursuant to the provisions of section 25-306 of this chapter, files a request for a certificate of appropriateness, the commission shall determine whether the proposed work would be appropriate for and consistent with the effectuation of the purposes of this chapter. If the commission’s determination is in the affirmative on such question, it shall grant a certificate of appropriateness, and if the commission’s determination is in the negative, it shall deny the applicant’s request, except as otherwise provided in section 25-309 of this chapter.
    1. In making such determination with respect to any such application for a permit to construct, reconstruct, alter or demolish an improvement in an historic district, the commission shall consider (a) the effect of the proposed work in creating, changing, destroying or affecting the exterior architectural features of the improvement upon which such work is to be done, and (b) the relationship between the results of such work and the exterior architectural features of other, neighboring improvements in such district.

   (2) In appraising such effects and relationship, the commission shall consider, in addition to any other pertinent matters, the factors of aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color.

   (3) All determinations of the commission pursuant to this subdivision b shall be made subject to the provisions of section 25-304 of this chapter, and the commission, in making any such determination, shall not apply any regulation, limitation, deter- mination or restriction as to the height and bulk of buildings, the area of yards, courts or other open spaces, density of population, the location of trades and industries, or location of buildings designed for specific uses, other than the regulations, limitations, determinations and restrictions as to such matters prescribed or made by or pursuant to applicable provisions of law, exclusive of this chapter; provided, however, that nothing contained in such section 25-304 or in this subdivision b shall be construed as limiting the power of the commission to deny a request for a certificate of appropriateness for demolition or alteration of an improvement in an historic district (whether or not such request also seeks approval, in such certificate, of construction or reconstruction of any improvement), on the ground that such demolition or alteration would be inappropriate for and inconsistent with the effectuation of the purposes of this chapter, with due consideration for the factors hereinabove set forth in this subdivision b.

  1. In making the determination referred to in subdivision a of this section with respect to any application for a permit to construct, reconstruct, alter or demolish any improvement on a landmark site, other than a landmark, the commission shall consider (1) the effects of the proposed work in creating, changing, destroying or affecting the exterior architectural features of the improvement upon which such work is to be done, (2) the relationship between such exterior architectural features, together with such effects, and the exterior architectural features of the landmark, and (3) the effects of the results of such work upon the protection, enhancement, perpetuation and use of the landmark on such site. In appraising such effects and relationship, the commission shall consider, in addition to any other pertinent matters, the factors mentioned in paragraph two of subdivision b of this section.
  2. In making the determination referred to in subdivision a of this section with respect to an application for a permit to alter, reconstruct or demolish a landmark, the commission shall consider the effects of the proposed work upon the protection, enhancement, perpetuation and use of the exterior architectural features of such landmark which cause it to possess a special character or special historical or aesthetic interest or value.
  3. In making the determination referred to in subdivision a of this section with respect to an application for a permit to alter, reconstruct or demolish an improvement containing an interior landmark, the commission shall consider the effects of the proposed work upon the protection, enhancement, perpetuation and use of the interior architectural features of such interior landmark which cause it to possess a special character or special historical or aesthetic interest or value.

§ 25-308 Procedure for determination of request for certificate of appropriateness.

The commission shall hold a public hearing on each request for a certificate of appropriateness. Except as otherwise provided in section 25-309 of this chapter, the commission shall make its determination as to such request within ninety days after filing thereof.

§ 25-309 Request for certificate of appropriateness authorizing demolition, alterations or reconstruction on ground of insufficient return.

    1. Except as otherwise provided in paragraph two of this subdivision a, in any case where an application for a permit to demolish any improvement located on a landmark site or in an historic district or containing an interior landmark is filed with the commission, together with a request for a certificate of appropriateness authorizing such demolition, and in any case where an application for a permit to make alterations to or reconstruct any improvement on a landmark site or containing an interior landmark is filed with the commission, and the applicant requests a certificate of appropriateness for such work, and the applicant establishes to the satisfaction of the commission that: (a) the improvement parcel (or parcels) which includes such improvement, as existing at the time of the filing of such request, is not capable of earning a reasonable return; and
  1. the owner of such improvement:

   (1) in the case of an application for a permit to demolish, seeks in good faith to demolish such improvement immediately (a) for the purpose of constructing on the site thereof with reasonable promptness a new building or other income-producing facility, or (b) for the purpose of terminating the operation of the improvement at a loss; or

   (2) in the case of an application for a permit to make alterations or reconstruct, seeks in good faith to alter or reconstruct such improvement, with reasonable promptness, for the purpose of increasing the return therefrom; the commission, if it determines that the request for such certificate should be denied on the basis of the applicable standards set forth in section 25-307 of this chapter, shall, within ninety days after the filing of the request for such certificate of appropriateness, make a preliminary determination of insufficient return.

   (2) In any case where any application and request for a certificate of appropriateness mentioned in paragraph one of this subdivision a is filed with the commission with respect to an improvement, the provisions of this section shall not apply to such request if the improvement parcel which includes such improvement has received, for three years next preceding the filing of such request, and at the time of such filing continues to receive, under any provision of law (other than this chapter or section four hundred fifty-eight, four hundred sixty or four hundred seventy-nine of the real property tax law), exemption in whole or in part from real property taxation; provided, however, that the provisions of this section shall nevertheless apply to such request if such exemption is and has been received pursuant to section four hundred twenty-a, four hundred twenty-two, four hundred twenty-four, four hundred twenty-five, four hundred twenty-six, four hundred twenty-seven, four hundred twenty-eight, four hundred thirty, four hundred thirty-two, four hundred thirty-four, four hundred thirty-six, four hundred thirty-eight, four hundred forty, four hundred forty-two, four hundred forty-four, four hundred fifty, four hundred fifty-two, four hundred sixty-two, four hundred sixty-four, four hundred sixty-eight, four hundred seventy, four hundred seventy-two or four hundred seventy-four of the real property tax law and the applicant establishes to the satisfaction of the commission, in lieu of the requirements set forth in paragraph one of this subdivision a, that:

      (a) The owner of such improvement has entered into a bona-fide agreement to sell an estate of freehold or to grant a term of at least twenty years in such improvement parcel, which agreement is subject to or contingent upon the issuance of the certificate of appropriateness or a notice to proceed;

      (b) The improvement parcel which includes such improvement, as existing at the time of the filing of such request, would not, if it were not exempt in whole or in part from real property taxation, be capable of earning a reasonable return;

      (c) Such improvement has ceased to be adequate, suitable or appropriate for use for carrying out both (1) the purposes of such owner to which it is devoted and (2) those purposes to which it had been devoted when acquired unless such owner is no longer engaged in pursuing such purposes; and

      (d) The prospective purchaser or tenant:

         (1) In the case of an application for a permit to demolish seeks and intends, in good faith either to demolish such improvement immediately for the purpose of constructing on the site thereof with reasonable promptness a new building or other facility; or

         (2) In the case of an application for a permit to make alterations or reconstruct, seeks and intends in good faith to alter or reconstruct such improvement, with reasonable promptness.

  1. In the case of an application made pursuant to paragraph one of subdivision a of this section by an applicant not required to establish the conditions specified in paragraph two of such subdivision, as promptly as is practicable after making a preliminary determination as provided in paragraph one of such subdivision a, the commission, with the aid of such experts as it deems necessary, shall endeavor to devise, in consultation with the applicant, a plan whereby the improvement may be (1) preserved or perpetuated in such manner or form as to effectuate the purposes of this chapter, and (2) also rendered capable of earning a reasonable return.
  2. Any such plan may include, but shall not be limited to, (1) granting of partial or complete tax exemption, (2) remission of taxes and (3) authorization for alterations, construction or reconstruction appropriate for and not inconsistent with the effectuation of the purposes of this chapter.
  3. In any case where the commission formulates any such plan, it shall mail a copy thereof to the applicant promptly and in any event within sixty days after giving notice of its preliminary determination of insufficient return. The commission shall hold a public hearing upon such plan.
    1. If the commission, after holding a public hearing pursuant to subdivision d of this section, determines that a plan which it has formulated, consisting only of tax exemption and/or remission of taxes, meets the standards set forth in subdivision b of this section, as such plan was originally formulated, or with such modifications as the commission deems necessary or appropriate, the commission shall deny the request of the applicant for a certificate of appropriateness and shall approve such plan, as originally formulated, or with such modifications.

   (2) Such plan, as so approved, shall set forth the extent of tax exemption and/or remission of taxes deemed necessary by the commission to meet such standards.

   (3) The commission shall promptly mail a certified copy of such approved plan to the applicant and shall promptly transmit a certified copy thereof to the tax commission. Upon application made by the owner of such improvement pursuant to the provisions of paragraph five of this subdivision e, the tax commission shall grant, for the fiscal year next succeeding the date of approval of such plan, the tax exemption and/or remission of taxes provided for therein.

   (4) In accordance with procedures prescribed by the regulations of the commission, it shall determine, upon application by the owner of such improvement made in advance of each succeeding fiscal year, the amount of tax exemption and/or remission of taxes, if any, which it deems necessary, as a renewal of such plan for the ensuing year, to meet the standards set forth in subdivision b of this section, and shall promptly mail a certified copy of any approved renewal of such plan to the applicant and shall promptly transmit a certified copy of such renewal to the tax commission. Upon application made by the owner of such improvement pursuant to the provisions of paragraph five of this subdivision e, the tax commission shall grant, for such fiscal year, the tax exemption and/or remission of taxes specified in such determination.

   (5) Where any such plan or a renewal thereof is approved by the commission, pursuant to the provisions of the preceding paragraphs of this subdivision e, prior to January first next preceding the fiscal year to which the tax benefits of such plan or renewal thereof are applicable, the owner shall not be entitled to such benefits for such fiscal year unless he or she files an application therefor with the tax commission between February first and March fifteenth, both dates inclusive, next preceding such fiscal year. Where any such plan or a renewal thereof is approved by the commission between January first and June thirtieth, both dates inclusive, next preceding the fiscal year to which the tax benefits of such plan or renewal thereof are applicable, the owner shall not be entitled to such benefits for such fiscal year unless he or she files an application therefor with the tax commission on or before August first of such fiscal year.

    1. In any case where the commission determines, after holding a public hearing pursuant to subdivision d of this section, that a plan which it has formulated, consisting in whole or in part of any proposal other than tax exemption and/or remission of taxes, meets the standards set forth in subdivision b of this section, as such plan was originally formulated, or with such modifications as the commission deems necessary or appropriate, the commission shall approve such plan, as originally formulated, or with such modifications, and shall promptly mail a copy of same to the applicant.

   (2) The owner of the improvement proposed to be benefited by such plan mentioned in paragraph one of this subdivision f may accept or reject such plan by written acceptance or rejection filed with the commission. If such an acceptance is filed, the commission shall deny the request of such applicant for a certificate of appropriateness. If a new application for a permit from the department of buildings and a new request for a certificate of appropriateness are filed, which application and request conform with such proposed plan, the commission shall grant such certificate as promptly as is practicable and in any event within thirty days after such filing.

   (3) If such accepted plan consists in part of tax exemption and/or remission of taxes, the provisions of paragraphs two, three, four and five of subdivision e of this section shall govern the granting of such tax exemption and/or remission of taxes.

    1. Except in a case where the applicant is required to establish the conditions set forth in paragraph two of subdivision a of this section, if

      (a) The commission does not formulate and mail a plan pursuant to the provisions of subdivisions b, c, and d of this section within the period of time prescribed by such subdivision d; or

      (b) The commission does not approve a plan pursuant to the provisions of subdivision e or f of this section within sixty days after the mailing of such plan to the applicant; or

      (c) A plan approved by the commission pursuant to the provisions of paragraph one of subdivision f of this section is rejected by the owner of such improvement pursuant to the provisions of paragraph two of such subdivision; the commission may, within ten days after expiration of the applicable period referred to in subparagraphs (a) and (b) of this paragraph one, or within ten days after the filing of a rejection of a plan pursuant to paragraph two of subdivision f of this section, as the case may be, transmit to the mayor a written recommendation that the city acquire a specified appropriate protective interest in the improvement parcel which includes the improvement with respect to which the request for a certificate of appropriateness was filed, and shall promptly notify the applicant of such action.

   (2) If, within ninety days after transmission of such recommendation, or, if no such recommendation is transmitted, within ninety days after the expiration of the period herein prescribed for such transmission, the city does not:

      (a) Give notice, pursuant to section three hundred eighty-two of the charter, of an application to condemn such interest or any other appropriate protective interest agreed upon by the mayor and the commission; or

      (b) Enter into a contract with the owner of such improvement parcel to acquire such interest, as so recommended or agreed upon; the commission shall promptly grant, issue and forward to the owner, in lieu of the certificate of appropriateness requested by the applicant, a notice to proceed.

  1. No plan which consists in whole or in part of the granting of a partial or complete tax exemption or remission of taxes pursuant to the provisions of this chapter shall be deemed to have been approved by the commission unless it is also approved by the mayor and council within the period of time prescribed by this section for approval of such plan by the commission.
    1. In any case where the applicant is required to establish the conditions set forth in paragraph two of subdivision a of this section, as promptly as is practicable after making a preliminary determination with respect to such conditions, as provided in paragraph one of subdivision a of this section, and within one hundred and eighty days after making such preliminary determination, the commission, alone or with the aid of such persons and agencies as it deems necessary and whose aid it is able to enlist, shall endeavor to obtain a purchaser or tenant (as the case may be) of the improvement parcel or parcels with respect to which the application has been made, which purchaser or tenant will agree, without condition or contingency relating to the issuance of a certificate of appropriateness or notice to proceed and subject to the provisions of paragraph three of this subdivision i, to purchase or acquire an interest identical with that proposed to be acquired by the prospective purchaser or tenant whose agreement is the basis of the application, on reasonably equivalent terms and conditions.

   (2) The applicant shall, within a reasonable time after notice by the commission that it has obtained such a purchaser or tenant, which notice shall be served within the period of one hundred and eighty days provided by paragraph one of this subdivision i, enter into such agreement to sell or lease (as the case may be) with the purchaser or tenant so obtained. Such notice shall specify a date for the execution of such agreement, which may be postponed by the commission at the request of the applicant.

   (3) The provisions of this section shall not, after the consummation of such agreement, apply to such purchaser or tenant or to the heirs, successors or assigns of such purchaser or tenant.

   (4) (a) If, within the one hundred eighty day period following the commission’s preliminary determination pursuant to paragraph one of subdivision a of this section, the commission shall not have succeeded in obtaining a purchaser or tenant of the improvement parcel, pursuant to paragraph one of this subdivision i, or if, having obtained such a purchaser or tenant, such purchaser or tenant fails within the time provided in paragraph two of this subdivision i, to enter into the agreement provided for by such paragraph two, the commission, within twenty days after the expiration of the one hundred eighty day period provided for in paragraph one of this subdivision i, or within twenty days after the date upon which a purchaser or tenant obtained by the commission pursuant to the provisions of such paragraph one fails to enter into the agreement provided for by said paragraph, whichever of said dates later occurs, may transmit to the mayor a written recommendation that the city acquire a specified appropriate protective interest in the improvement parcel or parcels which include the improvement or are part of the landmark site with respect to which the request for a certificate of appropriateness was filed, and shall promptly notify the applicant of such action.

      (b) If, within ninety days after transmission of such recommendation, or, if no such recommendation is transmitted, within ninety days after the expiration of the period herein prescribed for such transmission, the city does not give notice, pursuant to section three hundred eighty-two of the charter, of an application to condemn such interest or any other appropriate protective interest agreed upon by the mayor and the commission, or does not enter into a contract with the owner of such improvement parcel to acquire such interest, as so recommended and agreed upon; the commission shall promptly grant, issue and forward to the owner, in lieu of the certificate of appropriateness requested by the applicant, a notice to proceed.

   (5) Such notice to proceed shall authorize the work of demolition, alteration, and/or reconstruction sought with respect to the improvement parcel or parcels concerning which the application was made, only if such work (a) is undertaken and performed by the purchaser or tenant specified pursuant to the provisions of paragraph two of subdivision a of this section, in the application, or a bona-fide assignee, successor, lessee or sub-lessee of such purchaser or tenant (other than the owner who made application therefor), and (b) is undertaken and performed with reasonable promptness after the issuance of such notice to proceed.

§ 25-310 Regulation of minor work.

    1. Except as otherwise provided in section 25-312 of this chapter, it shall be unlawful for any person in charge of an improvement located on a landmark site or in an historic district or containing an interior landmark to perform any minor work thereon, or to cause or permit such work to be performed, and for any other person to perform any such work thereon or cause same to be performed, unless the commission has issued a permit, pursuant to this section, authorizing such work. (2) It shall be unlawful for any person in charge of any such improvement to maintain same or cause or permit same to be maintained in the condition created by any work done in violation of the provisions of paragraph one of this subdivision a.
  1. The owner of an improvement desiring to obtain such a permit, or any person authorized by the owner to perform such work, may file with the commission an application for such permit, which shall include such description of the proposed work, as the commission may prescribe. The applicant shall submit such other information with respect to the proposed work as the commission may from time to time require. The commission shall promptly transmit such application to the department of buildings, which shall, as promptly as is practicable, certify to the commission whether a permit for such proposed work, issued by such department, is required by law. If such department certifies that such a permit is required, the commission shall deny such application, and shall promptly give notice of such determination to the applicant. If such department certifies that no such permit is required, the commission shall determine such application as hereinafter provided.
    1. The commission shall determine:

      (a) Whether the proposed work would change, destroy or affect any exterior architectural feature of an improvement located on a landmark site or in an historic district or interior architectural feature of an improvement containing an interior landmark; and

      (b) If such work would have such effect, whether judged by the standards set forth in subdivisions b, c, d and e of section 25-307 of this chapter with respect to an improvement of similar classification hereunder, such work would be appropriate for and consistent with the effectuation of the purposes of this chapter.

   (2) If the commission determines the question set forth in subparagraph (a) of paragraph one of this subdivision c in the negative, or determines the question set forth in subparagraph (b) of such paragraph in the affirmative, it shall grant such permit, and it shall deny such permit if it determines such question set forth in subparagraph (a) in the affirmative and determines such question set forth in subparagraph (b) in the negative.

  1. The procedure of the commission in making its determination with respect to any such application shall be as prescribed in subparagraph two of subdivision a of section 25-306 of this chapter, except that any period of thirty days referred to in such subparagraph shall, for the purposes of this subdivision d, be deemed to be twenty days.
  2. The provisions of this section shall be inapplicable to any improvement mentioned in subdivision a of section 25-318 of this chapter and to any city-aided project.

§ 25-311 Maintenance and repair of improvements.

  1. Every person in charge of an improvement on a landmark site or in an historic district shall keep in good repair (1) all of the exterior portions of such improvement and (2) all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair.
  2. Every person in charge of an improvement containing an interior landmark shall keep in good repair (1) all portions of such interior landmark and (2) all other portions of the improvement which, if not so maintained, may cause or tend to cause the interior landmark contained in such improvement to deteriorate, decay or become damaged or otherwise fall into a state of disrepair.
  3. Every person in charge of a scenic landmark shall keep in good repair all portions thereof.
  4. The provisions of this section shall be in addition to all other provisions of law requiring any such improvement to be kept in good repair.

§ 25-312 Remedying of dangerous conditions.

  1. In any case where the department of buildings, the fire department or the department of health and mental hygiene, or any officer or agency thereof, or any court on application or at the instance of any such department, officer or agency, shall order or direct the construction, reconstruction, alteration or demolition of any improvement on a landmark site or in an historic district or containing an interior landmark, or the performance of any minor work upon such improvement, for the purpose of remedying conditions determined to be dangerous to life, health or property, nothing contained in this chapter shall be construed as making it unlawful for any person, without prior issuance of a certificate of no effect on protected architectual features or certificates of appropriateness or permit for minor work pursuant to this chapter, to comply with such order or direction.
  2. The department of buildings, fire department or department of health and mental hygiene, as the case may be, shall give the commission as early notice as is practicable, of the proposed issuance or issuance of any such order or direction.

§ 25-313 Public hearings; conferences.

  1. The commission shall give notice of any public hearing which it is required or authorized to hold under the provisions of this chapter by publication in the City Record for at least ten days immediately prior thereto. The owner of any improvement parcel on which a landmark or a proposed landmark is situated or which is a part of a landmark site or proposed landmark site or which contains an interior landmark or proposed interior landmark, or any property which includes a scenic landmark or proposed scenic landmark shall be given notice of any public hearing relating to the designation of such proposed landmark, landmark site, interior landmark or scenic landmark, the amendment to any designation thereof or the proposed rescission of any designation or amendment thereto. Such notice may be served by the commission by registered mail addressed to the owner or owners at his or her or their last known address or addresses, as the same appear in the records of the office of the commissioner of finance or if there is no name in such records, such notice may be served by ordinary mail addressed to “Owner” at the street address of the improvement parcel or property in question. Failure by the commission to give such notices shall not invalidate or affect any proceedings pursuant to this chapter relating to such improvement parcel or property.
  2. At any such public hearing, the commission shall afford a reasonable opportunity for the presentation of facts and the expression of views by those desiring to be heard, and may, in its discretion, take the testimony of witnesses and receive evidence; provided, however, that the commission, in determining any matter as to which any such hearing is held, shall not be confined to consideration of the facts, views, testimony or evidence submitted at such hearing.
  3. The commission may delegate to any member or members thereof the power to conduct any such public hearing and to hold any conference required to be held under the provisions of sections 25-306 and 25-310 of this chapter.
  4. The commission, may, in its discretion, direct that notice of any such public hearing on a request for a certificate of appropriateness, or on any plan formulated by the commission in relation thereto, be given by the applicant to such owners of property in the neighborhood of the improvement or improvement parcel to which such request relates, as the commission deems proper. When so directed, the applicant shall mail a notice of such hearing to such owners, at their last known addresses, as the same appear in the records of the office of the commissioner of finance, and shall likewise mail a notice of such hearing to persons who have filed written requests for such notice with the commission. A reasonable period of time, as prescribed by the regulations of the commission, shall be afforded the applicant for giving notice of such hearing to such owners and persons. Any failure to give or receive such notice shall not invalidate any such hearing or any determination made by the commission with respect to such request for a certificate or with respect to such plan.

§ 25-314 Extension of time for action by commission.

Whenever, under the provisions of this chapter, the commission is required or authorized, within a prescribed period of time, to make any determination or perform any act in relation to any request for a certificate of no effect on protected architectural features, a certificate of appropriateness or a permit for minor work, the applicant may extend such period of time by his or her written consent filed with the commission.

§ 25-315 Determinations of the commission; notice thereof.

  1. Any determination of the commission granting or denying a certificate of no effect on protected architectural features, a certificate of appropriateness or a permit for minor work shall set forth the reasons for such determination.
  2. The commission shall promptly give notice of any such determination, and of any preliminary determination of insufficient return made pursuant to paragraph one of subdivision a of section 25-309 of this chapter, to the applicant. Such notice shall include a copy of such determination.
  3. Subject to the provisions of section 25-304 of this chapter, any determination of the commission granting a certificate of no effect on protected architectural features, a certificate of appropriateness or a permit for minor work may prescribe conditions under which the proposed work shall be done, in order to effectuate the purposes of this chapter, and may include recommendations by the commission as to the performance of such work, provided that the provisions of this subdivision shall not apply to any notice to proceed granted pursuant to the provisions of subdivisions g and i of section 25-309 of this chapter.

§ 25-316 Transmission of certificates and applications to proper city agency.

In any case where a certificate of no effect on protected architectural features, certificate of appropriateness or notice to proceed is granted by the commission to an applicant who has filed with the commission a copy of an application for a permit from the department of buildings, the commission shall transmit such certificate or a copy of such notice to the department of buildings. In any case where any such certificate or notice is granted to an applicant who has filed an application for a special permit with the city planning commission or the board of standards and appeals pursuant to article seven of the zoning resolution, the commission shall transmit such certificate or a copy of such notice to the planning commission or the board of standards and appeals, as the case may be.

§ 25-317 Criminal punishments and fines.

  1. Any person who violates any provision of subdivision a of section 25-305 of this chapter or any order issued by the chair with respect to such provisions shall be guilty of a misdemeanor and shall be punished by a fine of not more than ten thousand dollars and not less than five thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.
  2. Any person who violates any provision of subdivision a of section 25-310 of this chapter or any provision of section 25-311 or any order issued by the chair with respect to such provisions shall be punished, for a first offense, by a fine of not more than one thousand dollars and not less than five hundred dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment, and shall be punished for a second or subsequent offense, by a fine of not more than five thousand dollars or less than two thousand five hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.
  3. Any person who willfully makes any false statement or an omission of material fact in an application or request to the commission for a certificate, permit or other approval or in any document submitted to the commission certifying the correction of a violation, shall be punished by a fine of not more than five thousand dollars or less than one thousand dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.
  4. For the purposes of this subdivision, each day during which there exists any violation of the provisions of paragraph three of subdivision a of section 25-305 of this chapter or paragraph two of subdivision a of section 25-310 of this chapter or any violation of the provisions of section 25-311 of this chapter or any order issued by the chair with respect to such provisions shall constitute a separate violation.

§ 25-317.1 Civil penalties.

  1. Any person who violates any provision of sections 25-305, 25-310 or 25-311 or subdivision c of section 25-317 of this chapter or any order issued by the chair with respect to such provisions shall be liable for a civil penalty which may be recovered by the corporation counsel in a civil action in any court of competent jurisdiction. Such civil penalty shall be determined as follows:

   (1) The defendant shall be liable for a civil penalty of up to the fair market value of the improvement parcel, with or without the improvement, whichever is greater, where in violation of such provision or order:

      (a) all or substantially all of an improvement on a landmark site or within a historic district has been demolished;

      (b) work has been performed or a condition created or maintained which significantly impairs the structural integrity of an improvement on a landmark site or within a historic district;

      (c) work has been performed or a condition created or maintained which results in the destruction, removal or significant alteration of more than fifty percent of the square footage of two facades of an improvement on a landmark site or within a historic district, including party and sidewalls; or

      (d) the defendant has failed to take action to prevent any condition described in subparagraph a, b or c of this paragraph from occurring.

   (2) Where, in violation of such provision or order, work is performed or a condition is created or maintained which results in the destruction, removal or significant alteration of a significant portion of the protected features identified in the designation report of an interior landmark, the defendant shall be liable for a civil penalty equal to two times the estimated cost of replicating the protected features that were demolished, removed or altered.

   (3) All other violations. The defendant shall be liable for a civil penalty of not more than five thousand dollars.

   (4) For the purposes of this subdivision, each day during which there exists any violation of the provisions of paragraph three of subdivision a of section 25-305 of this chapter or paragraph two of subdivision a of section 25-310 of this chapter or subdivision a, b or c of section 25-311 of this chapter or any order issued by the chair with respect to such provisions shall constitute a separate violation.

  1. In addition to or as an alternative to any of the remedies and penalties provided in this chapter, any person who violates any provision of sections 25-305, 25-310 or 25-311 or subdivision c of section 25-317 of this chapter or any order issued by the chair with respect to such provisions shall be liable for a civil penalty which may be recovered in an administrative proceeding before the office of administrative trials and hearings, the environmental control board or other administrative tribunal having jurisdiction as hereinafter provided.

   (1) An administrative proceeding for civil penalties shall be commenced by the service of a notice of violation in accordance with the applicable law and rules governing the procedures of the administrative tribunal before which the notice of violation is returnable or as otherwise provided by the rules of the commission. The notice of violation shall identify the allegedly illegal conditions or work with reasonable specificity. As used in this subdivision, the term “reasonable specificity” shall mean a description of work or conditions, reasonably described given the circumstances, sufficient to inform a reasonable person that (1) work has been or is being done without an appropriate approval from the commission, (2) conditions have been created or are being maintained in violation of this chapter, or (3) there has been a failure to take action to prevent conditions that are in violation of this chapter. Such administrative tribunal shall have the power to impose civil penalties in accordance with this chapter. A judgment of an administrative tribunal imposing civil penalties may be enforced by the commencement of a civil action or proceeding in a court or as otherwise authorized by the applicable law governing the procedures of such administrative tribunal. Prior to serving a notice of violation, the chair shall serve a warning letter upon a respondent either personally or by mail in the manner provided by the rules of the commission. The warning letter shall inform the respondent that the chair believes the respondent has violated the provisions of this chapter, shall describe generally the allegedly illegal conditions and/or activities, shall warn the respondent that the law authorizes civil penalties for such violations, and shall provide the respondent with a grace period for removing or applying for a permit to legalize or otherwise address the allegedly illegal conditions. No such warning letter shall be required prior to the service of a notice of violation where (i) the subject violation is a second or subsequent offense, (ii) the subject violation is alleged to be an intentional violation, or (iii) the chair is seeking civil penalties for failure to comply with a stop work order, issued pursuant to this chapter.

   (2) Except as otherwise specifically provided in this chapter, where a respondent has been found liable for or admitted liability to a violation of this chapter in an administrative proceeding, a civil penalty for such violation shall be imposed in accordance with the schedule set forth below.

      (a) Type A and Type B violations.

         (i) First offense. The respondent shall be liable for a civil penalty of not more than five thousand dollars.

         (ii) Second and subsequent offenses. The respondent shall be liable for a civil penalty of not more than two hundred fifty dollars a day for each day that a condition underlying a prior violation continues to exist, measured from the date the respondent was found liable for or admitted liability to the prior violation, but in no event shall the civil penalty be less than the maximum possible penalty for a first offense.

      (b) Type C violation.

         (i) First offense. The respondent shall be liable for a civil penalty of not more than five hundred dollars.

         (ii) Second and subsequent offenses. The respondent shall be liable for a civil penalty of not more than fifty dollars a day for each day that a condition underlying a prior violation continues to exist, measured from the date the respondent was found liable for or pled guilty to the prior violation, but in no event shall the civil penalty be less than the maximum possible penalty for a first offense.

   (3) Notwithstanding the penalty schedule set forth above, the chair may, in his or her discretion, for good cause shown, recommend that a lesser or no civil penalty be imposed on a respondent in an administrative proceeding.

   (4) Restrictions on service of notice of violation for second or subsequent offense.

      (a) The chair shall not serve a notice of violation for a second or subsequent offense unless (i) more than twenty-five days have elapsed since the respondent was found liable or admitted liability in the prior proceeding and (ii) where the respondent in the prior proceeding has submitted an application to the commission for an appropriate approval to legalize or to undertake the work necessary to cure the condition underlying the prior proceeding, more than thirty days have elapsed since such application has been disapproved or denied in whole or in part or if granted, such approval by its terms has expired. If the respondent has filed more than one such application with the commission, the thirty day period shall commence after the first such application has been disapproved or denied in whole or in part or, if granted, by its terms has expired.

      (b) Nothing in this subdivision shall prohibit the chair, subject to the rules of the administrative tribunal having jurisdiction over the proceeding, from serving an amended notice of violation for the purpose of clarifying the allegedly illegal conditions referred to in the prior notice of violation, or from serving a subsequent notice of violation that alleges separate violations of this chapter. An amended notice of violation shall be returnable on the same date and before the same administrative body as the initial notice of violation.

   (5) Multiple violations incurred for the same work. If work, reasonably identified in a notice of violation, was done without an appropriate approval from the commission, the total amount of any civil penalty for such work shall be determined by, to the extent feasible, separately considering and assessing a penalty for each type of work and/or each distinct effect on the protected features of the landmark, interior landmark or improvement in an historic district. In no event shall the civil penalty exceed five thousand dollars for a first offense. Where the respondent is the owner, separate penalties shall not be assessed for each type of work and/or each distinct effect if the illegal work was performed during a period of time when the premises were leased to and under the control of a person other than the owner.

   (6) Grace period.

      (a) No civil penalty shall be imposed in an administrative proceeding for a first violation if prior to the return date of the notice of violation, the respondent concedes liability for the violation and supplies the commission with proof, satisfactory to the commission, that the violation has been corrected. If the respondent makes any misrepresentation or omission of a material fact to the commission regarding the removal of the violation, the respondent shall be liable for a civil penalty of not more than ten thousand dollars.

      (b) No civil penalty shall be imposed in an administrative proceeding for a first violation if prior to the return date of the notice of violation the respondent concedes liability for the violation and submits an application to the commission for approval to legalize or to undertake the work necessary to cure the violation.

      (c) The provisions of this paragraph shall not apply to a second or subsequent offense or where the respondent is alleged to have violated a stop work order or where the respondent has after the issuance of a warning letter pursuant to paragraph one of subdivision (b) of section 25-317.1 applied for and received a permit to cure or otherwise address a violation, and the respondent has failed to cure the violation pursuant to the terms of such permit.

§ 25-317.2 Violations of landmarks laws: enforcement.

  1. Stop-work orders.

   (1) An order to stop work may be issued by the chair, or his or her authorized representative, at any time when the chair reasonably believes that work is being performed in violation of the provisions of this chapter. Each order issued by the chair shall have his or her signature affixed thereto, but the chair may authorize any subordinate to affix such signature.

   (2) Such order may be given orally or in writing to a person in charge or apparently in charge of the improvement or involved in the work being performed thereon or may be served on the owner or person in charge of the improvement parcel as otherwise provided in the commission’s rules. The police department and the department of buildings shall, upon the request of the chair, assist the chair in the enforcement of such orders. Where the order is given orally a written notice of such order shall be mailed to the person to whom the order was addressed or affixed to the premises where the violation occurred within forty-eight hours after service of such oral order.

  1. Contents of orders. All stop work orders issued by the chair shall identify the allegedly illegal conditions or work with reasonable specificity. As used in this subdivision, the term “reasonable specificity” shall mean a description of work or conditions, reasonably described given the circumstances, sufficient to inform a reasonable person that (1) work has been or is being done without an appropriate approval from the commission or (2) conditions have been created or are being maintained in violation of this chapter. The order shall also identify the subject premises by the tax block and lot or street address, and shall be addressed to a person in charge of the improvement, or to a person who is alleged to have created the illegal conditions or performed, authorized overseen or permitted the illegal work. The chair may issue a separate order to each person who, as a result of the same condition or work, is alleged to have violated the provisions of this chapter.
  2. In addition to any of the remedies or penalties provided for in this section, failure to comply with a stop work order shall be subject to the payment of a civil penalty in the sum of five hundred dollars for each day there is non-compliance, to be recovered in a civil action brought in the name of the chair or in an administrative proceeding before the office of administrative trials and hearings, the environmental control board or other administrative tribunal having jurisdiction.
  3. Enforcement proceedings.

   (1) Upon the violation of any provision of this chapter, or the failure to comply with any stop-work order issued by the chair thereunder, or whenever any person is about to engage in or is engaging in any act or practice that may constitute a violation of any provision of this chapter, the chair may request the corporation counsel to institute all necessary actions and/or proceedings to restrain, correct or abate such violation or potential violation, to compel compliance with such order and/or to seek civil penalties pursuant to this chapter. The corporation counsel may institute such actions or proceedings as may be necessary and appropriate for such purposes.

   (2) Such actions and proceedings may be instituted by the corporation counsel in the name of the city in any court of appropriate jurisdiction. In such actions or proceedings, the city may apply for restraining orders, preliminary injunctions or other provisional remedies, with or without notice.

  1. Notice of violation; presumptive evidence. In any action or proceeding founded upon a claim by the chair that any law or rule enforceable by the commission has been violated, or that a lawful order issued by the chair has not been complied with, a notice of violation shall be presumptive evidence of any matter stated therein.
  2. In addition to police officers, officers and employees of the commission and employees of other city agencies designated by the chair may enforce the provisions of this chapter and may issue summonses and appearance tickets returnable in the criminal court and notices of violation returnable before the environmental control board, the office of administrative trials and hearings or other administrative tribunal having jurisdiction.

§ 25-318 Reports by commission on plans for proposed projects.

  1. Plans for the construction, reconstruction, alteration or demolition of any improvement or proposed improvement which:

   (1) is owned by the city or is to be constructed upon property owned by the city; and

   (2) is or is to be located on a landmark site or in an historic district or contains an interior landmark; shall, prior to city action approving or otherwise authorizing the use of such plans with respect to securing the performance of such work, be referred by the agency of the city having responsibility for the preparation of such plans to the commission for a report. Such report shall be submitted to the mayor, the city council and to the agency having such responsibility and shall be published in the City Record within forty-five days after such referral.

    1. No officer or agency of the city whose approval is required by law for the construction or effectuation of a city-aided project shall approve the plans or proposal for, or application for approval of, such project, unless, prior to such approval, such officer or agency has received from the commission a report on such plans, proposal or application for approval.

   (2) All such plans, proposals or applications for approval shall be referred to the commission for a report thereon before consideration of approval thereof is undertaken by any such officer or agency, and the commission shall submit its report to each such officer and agency and such report shall be published in the City Record within forty-five days after such referral.

  1. Except as provided in subdivision d of section 25-303, where the commission so requests, plans for the construction, reconstruction, alteration or demolition of any landscape feature of a scenic landmark shall, prior to city action approving or otherwise authorizing the use of such plans with respect to securing the performance of such work, be referred by the agency of the city having responsibility for the preparation of such plans to the commission for a report. Such report shall be submitted to the mayor, the city council and to the agency having such responsibility and shall be published in the City Record within forty-five days after such referral. No such report shall recommend disapproval of any such plans where land contour work or earthwork is necessary in order to conform with applicable laws concerning regulation of lots, storm water disposal and water courses. The commissioner of parks and recreation may request an advisory report concerning work proposed to be performed on, or in the vicinity of, a scenic landmark, and such report shall be published in the City Record.
  2. In addition to the powers conferred by this chapter, the commission shall have the powers specifically conferred upon it by chapter thirty-seven of the charter.

§ 25-319 Regulations.

The commission may from time to time promulgate, amend and rescind such regulations as it may deem necessary to effectuate the purposes of this chapter, including, but not limited to, regulations:

  1. for the protection, preservation, enhancement, and perpetuation and use of landmarks, interior landmarks, scenic landmarks and historic districts, subject to the provisions of section 25-304 of this chapter. Such regulations may apply to one or more historic districts or to one or more portions of an historic district and may vary from area to area in their provisions;
  2. relating to the determination of the earning capacity of improvement parcels by the commission pursuant to section 25-309 of this chapter;
  3. relating to the procedures of the commission in carrying out its functions, powers and duties under this chapter, including procedures for the giving of notice by the commission by mail or otherwise, where notice is required by this chapter; and
  4. relating to forms to be used in proceedings before the commission.

§ 25-320 Investigations and reports.

The commission may make such investigations and studies of matters relating to the protection, enhancement, perpetuation or use of landmarks, interior landmarks, scenic landmarks and historic districts, and to the restoration of landmarks, interior landmarks, scenic landmarks and buildings in historic districts as the commission may, from time to time, deem necessary or appropriate for the effectuation of the purposes of this chapter, and may submit reports and recommendations as to such matters to the mayor and other agencies of the city. In making such investigations and studies, the commission may hold such public hearings as it may deem necessary or appropriate.

§ 25-321 Applicability.

The provisions of this chapter shall be inapplicable to the construction, reconstruction, alteration or demolition of any improvement on a landmark site or in a historic district or containing an interior landmark, or of any landscape feature of a scenic landmark, where a permit for the performance of such work was issued by the department of buildings, or, in the case of a landscape feature of a scenic landmark, where plans for such work have been approved, prior to the effective date of the designation, or amended or modified designation, pursuant to the provisions of section 25-303 of this chapter, first making the provisions of this chapter applicable to such improvement or landscape feature or to the improvement parcel or property in which such improvement or landscape feature is or is to be located.

§ 25-322 Notification; lease notification.

  1. Upon designation by the commission of any improvement or property as a landmark and of any landmark site, interior landmark or historic district, or any amendment of such designation, the owner of such improvement or property shall be notified in writing of such designation by the commission. Such notice shall be sent to the owner or owners at his or her or their last known address or addresses, as the same appear in the records of the office of the commissioner of finance or if there is no name in such records, such notice may be sent to the street address of the improvement parcel or property in question, addressed to “Owner”. The failure by the commission to give notice of designation as required by this subdivision shall not invalidate or affect any actions or proceedings pursuant to this chapter relating to such improvement parcel or property, except that no action or proceeding pursuant to subparagraph d of this section shall be commenced until thirty days after such notice has been given.
  2. It shall be the duty of the owner or person in charge of an improvement or property that is a landmark, interior landmark or is located on a landmark site or within an historic district to ensure that every lease or sublease, or renewal thereof, between the owner or such other person in charge as lessor and a nonresidential tenant as lessee and concerning such improvement or property shall contain a notice, conspicuously set forth therein, stating that in accordance with sections 25-305, 25-306, 25-309 or 25-310 of this chapter the lessee must obtain a permit from the commission before commencing any exterior or interior work on the improvement or property, except for ordinary repair and maintenance as that term is defined in subdivision r of section 25-302 of this chapter. When an improvement or property is designated a landmark, interior landmark or as part of an historic district during the term of a lease or sublease of all or a portion of such improvement or property, the lessor of such lease or sublease shall, within thirty days after being notified in writing of such designation by the commission or a person in charge, send a written notice as described above to all nonresidential lessees of such lessor. Such notice shall be sent by certified or registered mail, return receipt requested to all nonresidential lessees on the first two floors of the improvement or property, and shall be sent to all other nonresidential lessees by any means reasonably designed to ensure that notice is given.
  3. The commission shall promulgate such regulations as it deems necessary to comply with the provisions of this section, with respect to notice requirements in all nonresidential leases for buildings under its jurisdiction.
  4. Any person who violates subdivision b of this section, or the regulations promulgated hereunder, shall be subject to a civil penalty of not more than five hundred dollars per violation which shall be returnable to the environmental control board.

Chapter 4: City Business Improvement Districts

§ 25-401 Authorization for the establishment of city business improvement districts.

Pursuant to the provisions of section nine hundred eighty of the general municipal law, business improvement districts shall be established and extended as hereinafter provided.

§ 25-402 Definitions.

As used in this chapter:

  1. “Average full valuation of taxable real property” means the valuation obtained by taking the assessed valuation of taxable real property in the district as it appears upon the last completed and four preceding assessment rolls of the city and dividing each by the applicable state equalization rate as determined by the state board of equalization and assessment pursuant to article twelve of the real property tax law for each of the assessment rolls and dividing the sum of the quotients thus obtained by five.
  2. “District” means a business improvement district established pursuant to this chapter.
  3. “District charge” means a levy imposed on behalf of a district as provided in the district plan.
  4. “District management association” means the association established pursuant to section 25-414 of this chapter.
  5. “District plan” or “plan” means a proposal as defined in section 25-405 of this chapter.
  6. “Owner” means owner of record.
  7. “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

§ 25-403 Contents of the district plan.

The district plan shall contain the following;

  1. a map of the district;
  2. the written report or reports of the city council containing:

   (l) a description of the boundaries of the district proposed for establishment or extension in a manner sufficient to identify the lands included;

   (2) a description of the present and proposed uses of such lands;

   (3) the improvements proposed and the maximum cost thereof;

   (4) the total annual amount proposed to be expended for improvements, maintenance and operation;

   (5) the proposed source or sources of financing;

   (6) the proposed time for implementation and completion of the district plan;

   (7) any proposed rules and regulations to be applicable to the district;

   (8) a list of the properties to be benefited, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property, in proportion to the benefit received by such property, to defray the cost thereof, including operation and maintenance. Notwithstanding any inconsistent provision of section 25-407 of this chapter, the plan may provide that all or any class or category of real property which is exempt by law from real property taxation and which would not benefit from the establishment or extension of the district may nevertheless be included within the boundaries of the district but such property shall not be subject to any district charge;

   (9) a statement identifying the district management association for the district; and

   (10) any other item or matter required to be incorporated therein by the city council.

§ 25-404 Powers of the city council.

Upon establishment of a district pursuant to the provisions of this chapter, the city council shall have authority to exercise the following powers with respect to such district, subject to the provisions of this chapter:

  1. To provide for district improvements located on or within municipally or district owned or leased property which will restore or promote business activity in the district:

   (1) construction and installation of landscaping, planting, and park areas;

   (2) construction of lighting and heating facilities;

   (3) construction of physically aesthetic and decorative safety fixtures, equipment and facilities;

   (4) construction of improvements to enhance security of persons and property within the district;

   (5) construction of pedestrian overpasses, underpasses and connections between buildings;

   (6) closing, opening, widening or narrowing of existing streets;

   (7) construction of ramps, sidewalks, plazas, and pedestrian malls;

   (8) rehabilitation or removal of existing structures as required;

   (9) removal and relocation of utilities and vaults as required;

   (10) construction of parking lot and parking garage facilities; and

   (11) construction of fixtures, equipment, facilities and appurtenances as may enhance the movement, convenience and enjoyment of the public and be of economic benefit to surrounding properties such as: bus stop shelters; benches and street furniture; booths, kiosks, display cases, and exhibits; signs; receptacles; canopies; pedestrian shelters and fountains.

  1. To provide for the operation and maintenance of any district improvement;
  2. To provide for additional maintenance or other additional services required for the enjoyment and protection of the public and the promotion and enhancement of the district whether or not in conjunction with improvements authorized by this section, including:

   (1) enhanced sanitation services;

   (2) services promoting and advertising activities within the district;

   (3) marketing education for businesses within the district;

   (4) decorations and lighting for seasonal and holiday purposes; and

   (5) services to enhance the security of persons and property within the district.

§ 25-405 District plan.

(a) The mayor may provide for the preparation of a district plan, upon his or her own initiative, or at the request of an individual or agency designated by him or her, or at the request of the city council, or upon the written petition, signed and acknowledged, of (1) the owners of at least fifty-one percent of the assessed valuation of all the taxable real property within the boundaries of the district proposed for establishment or extension, as shown upon the latest completed assessment roll of the city, and (2) at least fifty-one percent of the owners of real property within the area included in the district proposed for establishment or extension.
  1. The establishment or extension of a district shall be based upon the district plan filed in the office of the city clerk, except as provided in subdivision (c) of this section.
  2. The district plan shall first be submitted to the city planning commission which shall forward a copy within five days to the city council and to the council member or members representing the council district or districts in which the proposed district is located, to the community board or boards for the community district or districts in which the proposed district is located, and to the respective borough board and borough president, if the plan involves properties located in two or more community districts. Each community board shall notify the public of the proposed plan in accordance with the requirements established by the city planning commission, and may conduct a public hearing and submit a written recommendation to the city planning commission not later than thirty days after receipt of the plan. The city planning commission shall review the plan and recommendations, and, after a public hearing, prepare a report. The city planning commission shall submit its report to the mayor, to the affected borough president, to the city council and to the council member or members representing the council district or districts in which the proposed district is located, together with copies of any recommendation of a community board, within sixty days from the date of expiration of the community board’s period for reviewing the plan and submitting recommendations. This report shall certify the city planning commission’s unqualified approval, disapproval or qualified approval with recommendations for modifications of the district plan. A copy of this report together with the original district plan shall be transmitted for filing with the city clerk. In the event the city planning commission shall fail to submit its report within ninety-five days of receipt of the original district plan, it shall be required to immediately transmit the original plan to the city clerk for filing and no report of the city planning commission shall be necessary.
  3. All district plans shall conform with the requirements of this chapter. The mayor may determine that the plan or any part of the plan, shall be prepared by, or under the supervision of city officers and employees to be designated by the mayor, or by persons or firms to be employed for that purpose. Except as otherwise provided in this chapter, the expense incurred for the preparation of the plan or part of the plan shall be a city charge.
  4. If the city shall thereafter establish or extend the district or provide the improvements or additional services or contract for the required services, the expense incurred by the city for the preparation of the plan or any part of the plan shall be deemed to be part of the cost of the improvement, or the rendering of additional services, and the city shall be reimbursed in the amount paid, or the portion of that amount which the city council, at a public hearing held pursuant to this chapter, shall allocate against the district.

§ 25-406 Notice and hearing

(a) After the filing of the district plan in the office of the city clerk, the city council may adopt a resolution and shall enter the same in the minutes of its proceedings. This resolution shall contain a copy of the district plan, any report of the city planning commission or board, the fact that a district plan is on file in the city clerk's office for public inspection and the time when and the place where the city council will meet and hold a public hearing to hear all persons interested in the subject thereof.
  1. The resolution shall also contain a statement that any owner of real property, deemed benefited and therefore within the district, objecting to the plan must file an objection at the office of the city clerk within thirty days of the conclusion of the hearing on forms made available by the clerk, and, further, that if (1) owners of at least fifty-one percent of the assessed valuation of all the benefited real property situated within the boundaries of the district proposed for establishment or extension, as shown upon the latest completed assessment roll of the city, or (2) at least fifty-one percent of the owners of benefited real property within the area included in the district proposed for establishment or extension, so file their objections, the district will not be established or extended.
  2. The city council shall cause a copy of the resolution or a summary thereof to be published at least once in the City Record or a newspaper in general circulation in the city, the first publication to be not less than ten nor more than thirty days before the day set for the hearing required by this section. In addition, not less than ten nor more than thirty days before the date set for the hearing, the city council shall cause a copy of the resolution or a summary thereof to be mailed to each owner of real property within the proposed district at the address shown on the latest city assessment roll, to such other persons as are registered with the city to receive tax bills concerning real property within the proposed district, and to the tenants of each building within the proposed district. If the city council publishes or mails a summary of the resolution, such summary shall include the business address of the city clerk, a statement that copies of the resolution shall be made available free of charge to the public, the improvements proposed and the maximum cost thereof, the total annual amount proposed to be expended for improvements, maintenance and operation, and a statement indicating the rights of owners to object pursuant to subdivision (b) of this section.
  3. The resolution may further state the place, other than the city clerk’s office, where the district plan may be inspected in advance of the hearing, if the city council determines that, in the public interest, any additional place of inspection is necessary or desirable.

§ 25-407 Establishment or extension of the district.

(a) Not earlier than thirty days after the conclusion of the last day of the public hearing held pursuant to section 25-406 of this chapter, the city council shall determine:

   (1) whether the notice of hearing for all hearings required to be held was published and mailed as required by law and is otherwise sufficient;

   (2) except as otherwise provided in section 25-403 of this chapter, whether all the real property within the boundaries of the proposed district or extension will benefit from the establishment or extension of the district;

   (3) whether all the real property benefited is included within the limits of the proposed district or extension; and

   (4) whether the establishment or extension of the district is in the public interest.

    1. If the city council shall determine the question of paragraph four of subdivision (a) of this section in the negative, or if the requisite number of owners shall have filed their objections as provided in section 25-406 of this chapter, the city council shall adopt a resolution disapproving the establishment or extension of the district, stating the reasons for its determination and enter the same in the minutes of its proceedings. Thereafter no plan for the establishment or extension of a district to include any part of the property proposed to be included in the disapproved district may be prepared as provided in section 25-405 of this chapter until the expiration of at least one year from the date of disapproval.

   (2) If the city council shall find that notice was incorrectly or insufficiently given or that, except as otherwise provided in section 25-403 of this chapter, any part or portion of the real property within the boundaries of the proposed district or extension is not benefited thereby or that certain property benefited thereby has not been included therein, it shall call a further hearing at a definite place and time not less than ten nor more than thirty days after this determination. In the resolution calling such hearing, it shall specify the necessary changes, if any, to the boundaries of the proposed district or extension to be made in order that, except as otherwise provided in section 25-403 of this chapter, all of the real property and only that real property as is deemed benefited shall be included within the boundaries of the proposed district or extension. Such a further hearing shall also be required in the event that the city council proposes to amend the district plan to reduce improvements or services or provide additional improvements or services not included in the original plan prior to the establishment of the district. Notice of the further hearing shall be published and mailed in the manner provided in section 25-406 of this chapter, except that, where boundaries are to be altered, this notice shall also specify the manner in which it is proposed to alter the boundaries of the proposed district or extension. The further hearing shall be conducted in the same manner as the original hearing.

  1. If and when the city council shall determine in the affirmative all of the questions set forth in subdivision (a) of this section, and provided that the requisite number of owners shall not have objected as provided in section 25-406 of this chapter, it may adopt a local law approving the establishment or extension of the district as the boundaries shall be finally determined and the construction of the improvement or providing of the service in the district. Such local law shall become effective only upon compliance with section 25-408 of this chapter.
  2. Upon the recommendation of the district management association and after a public hearing, the city council may adopt a local law at any time prior to or after the establishment of a district to change the method of assessment as set forth in the plan. Notice of such public hearing and a description of the proposed change shall be given in the manner set forth in section 25-406 of this chapter.

§ 25-408 Review by the state comptroller.

(a) The state comptroller shall review as provided in this section: (1) the establishment or extension of a district; and (2) the amendment of a district plan pursuant to subdivision (c) of section 25-410 of this chapter.
  1. Within twenty days after the adoption of a local law by the city council pursuant to section 25-407 or subdivision (c) of section 25-410 of this chapter the mayor shall forward the following information to the state comptroller at Albany, New York:

   (1) an itemized statement of the then outstanding indebtedness of the city for all purposes, as evidenced by bonds, bond anticipation notes, capital notes, deferred payment notes and budget notes; the amount of budgetary appropriations for the payment of any outstanding indebtedness, whether or not appropriations have been realized as cash; the amount of indebtedness proposed to be contracted for the improvement, and the amounts, purposes and probable date of issuance of any bonds, bond anticipation notes, capital notes, deferred payments notes and budget notes which the city has authorized to be issued but which in fact have not been issued to date;

   (2) a statement of the total assessed valuation of the taxable real property situated in the proposed district or extension of a district, as shown on the latest completed and four preceding assessment rolls of the city and of the amount of city real property taxes levied against such property in the preceding fiscal year;

   (3) a statement of the average full valuation of the taxable real property of the city determined in accordance with the provisions of paragraph seven-a of section 2.00 of the local finance law; and

   (4) a statement, the form of which shall be determined by the state comptroller, attesting that the provisions of this chapter have been met, signed and verified by the mayor.

  1. The state comptroller shall review the information submitted pursuant to paragraphs one, two and three of subdivision (b) above to determine that the tax and debt limitations provided in section 25-412 of this chapter will not be exceeded by the establishment or extension of the district.
  2. The state comptroller shall notify the city of his or her determination within sixty days of the receipt of the items specified in subdivision (b) of this section. Unless the state comptroller determines within such time that the tax and debt limitations provided in section 25-412 of this chapter will be exceeded by the establishment or extension of the district or that the statement required by paragraph four of subdivision (b) of this section does not comply with the provisions of such paragraph, the city may proceed with the establishment or extension of the district upon receipt of the notice from the state comptroller of his or her determination.
  3. Upon the city’s compliance with any other requirements established by law, the local law adopted pursuant to section 25-407 of this chapter shall become effective.

§ 25-409 Publication; filing; judicial review.

(a) The city clerk shall cause a certified copy of the local law adopted pursuant to the provisions of this chapter establishing or extending any district, or increasing the maximum total amount proposed to be expended for the improvement in any district or extension, or changing the method of assessment, or authorizing the district to incur debt to provide for additional improvements or services within the district, to be duly recorded in the city clerk's office within ten days after such local law becomes effective. When so recorded this local law shall be presumptive evidence of the regularity of the proceedings for the establishment or extension of the district, of the proceedings instituted for the construction of any improvement and of all other actions taken in relation to it.
  1. Within ten days after the local law becomes effective, the city clerk shall, in addition to any other filing required by law, cause a certified copy thereof to be filed in the office of the state comptroller at Albany, New York, and within two weeks thereafter shall cause a copy of the local law or a summary thereof to be published at least once in the City Record or a newspaper of general circulation in the city.
  2. This local law shall be final and conclusive unless a proceeding to review is commenced in accordance with this subdivision. Any person aggrieved by any local law adopted pursuant to this chapter may seek judicial review of the local law in the manner provided by article seventy-eight of the civil practice law and rules, provided the proceeding is commenced within thirty days from the date of the publication of the copy or summary of the local law pursuant to subdivision (b) of this section. No review shall be had unless the petitioner shall give an undertaking approved by the supreme court, or a justice thereof, as to form, amount and sufficiency of sureties, that, in the event of failure to modify the local law, he or she will pay to the city all costs and expenses as are incurred by it on account of the proceedings, as shall be determined by the court. In the event that upon this review there shall be any modification by the court of the local law, the court shall direct the modification by judgment which shall be final and conclusive, and the city clerk shall cause the judgment to be recorded and filed in the same places and manner as was the local law which was modified.

§ 25-410 Amendments to the district plan.

(a) At any time after the establishment or extension of a district pursuant to the provisions of this chapter, the district plan upon which the establishment or extension was based, may, upon the recommendation of the district management association, be amended by the city council after compliance with the procedures set forth in this section.
  1. Amendments to the district plan which provide for additional improvements or services or any change in the method of assessment upon which the district charge is based, or an increase only in the amount to be expended annually for improvements, services, maintenance and operation may be adopted by local law, provided that the city council shall, after a public hearing, determine that it is in the public interest to authorize the additional improvements, services or increase in the maximum annual amount and that the tax and debt limits prescribed in section 25-412 of this chapter will not be exceeded. The city council shall give notice of the hearing by publication of a notice in at least one newspaper having general circulation in the district specifying the time when and the place where the hearing will be held and stating the increase proposed in the maximum amount to be expended annually. This notice shall be published once at least ten days prior to the date specified for the hearing.
  2. Amendments to the district plan which provide for the district to incur indebtedness in order to provide for additional improvements or which provide for an increase in the total maximum amount to be expended for improvements in the district, may be adopted by local law, provided that the city council shall, after a public hearing, determine that it is in the public interest to authorize the district to incur indebtedness to provide for additional improvements or to increase the maximum total amount to be expended for improvements in the district and that the tax and debt limits prescribed in section 25-412 of this chapter will not be exceeded. Notice of the hearing shall be published and mailed in the manner provided in section 25-406 of this chapter. The local law adopted pursuant to this subdivision shall not be effective until reviewed by the state comptroller in accordance with section 25-408 of this chapter.

§ 25-411 Expense of the district.

(a) The expense incurred in the construction or operation of any improvement or provision of additional services in a district pursuant to this chapter shall be financed in accordance with the district plan upon which the establishment or extension of the district was based. Services for which district property owners are charged pursuant to the plan must be in addition to or an enhancement of those provided by the city prior to the district's establishment. The expense and cost apportioned to benefited real property in accordance with the plan shall be a charge upon each benefited parcel of real property within the district.
  1. The charge upon benefited real property pursuant to this chapter shall be imposed as provided in the district plan. If the formula includes an ad valorem component, this component shall be determined by the assessed value of each parcel as entered on the latest completed assessment roll used by the city for the levy of general city taxes. The charge shall be determined, levied and collected in the same manner, at the same time and by the same officers, as general city taxes are levied and collected.
  2. When a district has been established pursuant to this chapter, the city may, for the purpose of providing funds for making capital improvements within such district, issue and sell bonds or other municipal obligations as provided in the local finance law and other applicable laws and statutes. Principal and interest payments on these bonds or other municipal obligations may be made in whole or in part from the proceeds of charges imposed upon benefited real property within the district.

§ 25-412 Tax and debt limitations.

(a) The aggregate amount of outstanding indebtedness that is incurred to provide funds for capital improvements pursuant to this chapter shall be chargeable against the city's constitutional debt limit and may not exceed ten percent of the amount allowable under that limit. The aggregate amount of outstanding indebtedness that is incurred to provide funds for capital improvements pursuant to this chapter and that is chargeable against the property within the district may not exceed seven percent of the average full valuation of taxable real property in the district.
  1. The district charge, exclusive of debt service, levied in a given year against real property in a district may not exceed twenty percent of the total general city taxes levied in that year against the taxable real property in the district. The district charge so levied shall be included in the total amount, if any, that the city is permitted by law to raise in that year by a tax on real property.

§ 25-413 Expenditure of district funds.

(a) The proceeds of any charge imposed pursuant to this chapter shall be held by the comptroller and shall be separately accounted for in the books and records of the city. None of the proceeds collected pursuant to this chapter shall be used for any purposes other than those set forth in the district plan. These funds may be paid out for district purposes in accordance with the general procedures for payment of other city expenditures.
  1. All contracts for improvements, goods or services to be provided in the district shall be subject to all applicable provisions of the law relating to the letting of contracts by the city.

§ 25-414 District management association.

(a) There shall be a district management association for each district established pursuant to the provisions of this chapter (which shall pursuant to the not-for-profit corporation law have one or more classes of membership, voting or nonvoting) for the purpose of carrying out such activities as may be prescribed in the plan. Notwithstanding any inconsistent provision of paragraph (e) of section six hundred eleven of the not-for-profit corporation law, the certificate of incorporation or by-laws of such association shall provide for voting representation of owners of property and tenants within the district, and may provide that the votes of members who are property owners be weighted in proportion to the assessment levied or to be levied against the properties within the district, provided that in no case shall the total number of votes assigned to any one such member or to any number of such members under common ownership or control exceed thirty-three and one-third percent of the total number of votes which may be cast.
  1. The board of directors of the association shall be composed of representatives of owners and tenants within the district, provided, however, that not less than a majority of its members shall represent owners and provided further that tenants of commercial space and dwelling units within the district shall also be represented on the board. The board shall include, in addition, four members, one member appointed by each of the following: the mayor, the comptroller, the borough president of the borough in which the district is located and the council member representing the council district in which the proposed district is located, or if the proposed district is located in more than one council district, by the speaker of the city council after consultation with the council members representing the council districts in which the proposed district is located. The additional four members shall serve as the incorporators of the association pursuant to the not-for-profit corporation law. The association may be incorporated prior to the effective date of any district established pursuant to this chapter.
  2. In addition to such other powers as are conferred on it by law, the district management association may make recommendations to the city council with respect to any matter involving or relating to the district.
  3. For such consideration as it may deem appropriate and consistent with the powers granted pursuant to section 25-404 of this chapter, the city council may license or grant to the district management association the right to undertake or permit commercial activities or other private uses of the streets or other parts of the district in which the city has any real property interest.

§ 25-414 Contracts. [Repealed]

(a) Any district established or extended pursuant to the provisions of this chapter, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be dissolved by local law of the city council upon its own motion or upon the written petition of (1) the owners of at least fifty-one percent or more of the total assessed valuation of all benefited real property included in the boundaries of the district and (2) at least fifty-one percent of the owners of benefited real property within the area included in the district. The city council shall request and consider the recommendations of the district management association concerning any proposed dissolution; provided that if the association has not submitted recommendations to the city council within sixty days after request therefor, the city council may adopt any such proposed dissolution without consider- ing such recommendations. In the event of dissolution, all assets of the district shall revert to the city.
  1. A certified copy of the order of dissolution shall be filed with the state comptroller at Albany, New York.

§ 25-416 Existing districts.

Any special improvement or assessment districts, or any business improvement districts established pursuant to article two-B of the general city law, or any districts having filed an application with the state comptroller as provided in such article prior to the effective date of chapter two hundred eight-two of the laws of nineteen hundred eighty-nine, shall be subject to the provisions of this chapter but shall not be required to comply with any provisions of this chapter which are contrary to or more restrictive than those under which the district was established or proposed to be established as evidenced by an application filed with the state comptroller prior to the effective date of chapter two hundred eight-two of the laws of nineteen hundred eighty-nine. Any reference to article two-B of the general city law or any section thereof in any state or local law, plan or agreement shall be deemed to be a reference to article nineteen-A of the general municipal law, or the appropriate provision of such article.

§ 25-417 Severability.

If any provision of any section of this chapter or the application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any provisions of any section of this chapter or the application of any part thereof to any other person or circumstance and to this end the provisions of each section of this chapter are hereby declared to be severable.

Chapter 5: Establishment, Extension and Amendment of City Business Improvement Districts

§ 25-420 Steinway Street Business Improvement District.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the Steinway Street Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Steinway Street Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-420.1 Steinway Street business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Steinway Street business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of five hundred twenty thousand dollars ($520,000).
  2.    The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Steinway Street business improvement district plan.

§ 25-421 Metrotech Area Business Improvement District.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Metrotech Area Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk purusant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Metrotech Area Buusiness* Improvement District is based.
  3. The district plan shall not be amended except with accordance with chapter four of this title.

§ 25-421.1 Metrotech Area business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Metrotech Area business improvement district beginning on July 1, 2019, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of five million nine hundred eleven thousand seven hundred thirty-eight dollars ($5,911,738), of which four million nine hundred eleven thousand seven hundred thirty-eight dollars ($4,911,738) may be expended in the north subdistrict, and one million dollars ($1,000,000) may be expended in the south subdistrict.
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Metrotech Area business improvement district plan.

§ 25-421.2 Metrotech Area business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize additional services for the Metrotech Area business improvement district, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by providing such additional services, there is hereby authorized in such district the additional services set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan setting forth the additional services authorized by subdivision a of this section.

§ 25-421.3 Metrotech Area business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Metrotech Area business improvement district in the borough of Brooklyn is hereby extended. Such district is extended in accordance with the amended district plan of 2015 required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan of 2015 upon which the Metrotech Area business improvement district, and the extension thereof, is based.
  3. The amended district plan of 2015 shall not be further amended except in accordance with chapter four of this title.

§ 25-421.4 Metrotech Area business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Metrotech Area business improvement district is based, and the council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan of 2015 required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan of 2015 containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-422 Times Square Business Improvement District.

  1. The City Council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Times Square Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Times Square Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-422.1 Times Square business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Times Square business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of fourteen million three hundred forty-seven thousand two hundred ninety-three dollars ($14,347,293).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Times Square business improvement district plan.

§ 25-422.2 Times Square business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Times Square business improvement district is based, and the council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-422.3 Times Square business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Times Square business improvement district in the borough of Manhattan is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Times Square business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-422.4 Times Square business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Times Square business improvement district is based, and the council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-423 34th Street Business Improvement District.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the 34th Street Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the 34th Street Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-423.1 34th Street business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the 34th Street business improvement district beginning on July 1, 2019, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of thirteen million dollars ($13,000,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the 34th Street business improvement district plan.

§ 25-423.2 34th Street Business Improvement District; Amendments to the District Plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the 34th Street business improvement district is based, and the city council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-423.3 34th Street business improvement district; amendments to the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize additional services and modify existing services for the 34th Street business improvement district and to authorize a change in the method of assessment upon which the district charge in the 34th Street business improvement district is based, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such changes, there is hereby authorized in the 34th Street business improvement district such changes as set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision c of this section.
  2. The city council having determined, pursuant to subdivision c of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the maximum total amount to be expended for improvements in the district, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in the 34th Street business improvement district such change as set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision c of this section.
  3. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan setting forth the additional services and modification of services and containing the change in the method of assessment authorized by subdivision a of this section and the increase in the maximum total amount to be expended for improvements authorized by subdivision b of this section.

§ 25-424 Myrtle Avenue Business Improvement District.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Myrtle Avenue business improvement district beginning on July 1, 2015, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of five hundred seven thousand six hundred seventy-six dollars ($507,676).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Myrtle Avenue business improvement district plan.

§ 25-424.1 Myrtle Avenue business improvement district; amendment to the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize additional services and modify existing services for the Myrtle Avenue business improvement district, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such changes, there are hereby authorized in the Myrtle Avenue business improvement district such changes as set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan setting forth the additional services and modification of existing services authorized by subdivision a of this section.

§ 25-425 Graham Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Graham Avenue business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred fifty thousand dollars ($250,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Graham Avenue business improvement district plan.

§ 25-426 82nd Street Business Improvement District.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the 82nd Street business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred fifty-four thousand four hundred fifty ($254,450).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the 82nd Street business improvement district plan.

§ 25-427 Grand Central business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Grand Central business improvement district beginning on July 1, 2011, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of twelve million seven hundred nine thousand three hundred seventy-two dollars ($12,709,372).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Grand Central business improvement district plan.

§ 25-427.1 Grand Central business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Grand Central business improvement district in the borough of Manhattan is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Grand Central business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-428 Lower East Side Business Improvement District.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Lower East Side Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Lower East Side Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-428.1 Lower East Side business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Lower East Side business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million three hundred thousand dollars ($1,300,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Lower East Side business improvement district plan.

§ 25-428.2 Lower East Side business improvement district; amendments to the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to modify existing services for the Lower East Side business improvement district and to authorize a change in the method of assessment upon which the district charge in the Lower East Side business improvement district is based, and the council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such changes, there are hereby authorized in the Lower East Side business improvement district such changes as set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan setting forth the modification of existing services and containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-429 East Brooklyn business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the east Brooklyn business improvement district beginning on July 1, 1996, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three hundred forty-nine thousand five hundred dollars ($349,500).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the East Brooklyn business improvement district plan.

§ 25-430 Woodhaven business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefitted is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the Woodhaven Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Woodhaven Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-430.1 Woodhaven business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Woodhaven business improvement district beginning on July 1, 2016, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred seventy-five thousand dollars ($275,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Woodhaven business improvement district plan.

§ 25-431 Fifth Avenue Association business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefitted is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Fifth Avenue Association Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Fifth Avenue Association Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-431.1 Fifth Avenue Association business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Times Square business improvement district beginning on July 1, 2019, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure six million four hundred fourteen thousand dollars ($6,414,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Fifth Avenue Association business improvement district plan.

§ 25-432 Fashion Center business improvement district.

  1. The City Council having determined, pursuant to section 25-432 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Fashion Center Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Fashion Center Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-432.1 Fashion Center business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Fashion Center business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of thirteen million dollars ($13,000,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Fashion Center business improvement district plan.

§ 25-433 Pitkin Avenue business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Pitkin Avenue Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Pitkin Avenue Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-433.1 Pitkin Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Pitkin Avenue business improvement district beginning on July 1, 2009, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred twenty-five thousand dollars ($225,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Pitkin Avenue business improvement district plan.

§ 25-434 Hub Third Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Hub Third Avenue business improvement district beginning on July 1, 2010, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of four hundred fifty thousand nine hundred twenty-seven dollars ($450,927).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Hub Third Avenue business improvement district plan.

§ 25-434.1 Hub Third Avenue business improvement district; amendments to the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize additional services and capital improvements and modify existing services in the Hub Third Avenue business improvement district and to authorize a change in the method of assessment upon which the district charge in the Hub Third Avenue business improvement district is based, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such changes, there are hereby authorized in the Hub Third Avenue business improvement district such changes as set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision c of this section.
  2. The city council having determined, pursuant to subdivision c of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the maximum total amount to be expended for improvements in the district, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in the Hub Third Avenue business improvement district such change as set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision c of this section.
  3. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan setting forth the additional services and capital improvements and modification of existing services and containing the change in the method of assessment authorized by subdivision a of this section and the increase in the maximum total amount to be expended for improvements authorized by subdivision b of this section.

§ 25-435 Flatbush Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Flatbush Avenue business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three hundred eighty-six thousand dollars ($386,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Flatbush avenue business improvement district plan.

§ 25-436 Grand Street business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Grand Street business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three hundred twenty-four thousand three hundred sixty dollars ($324,360).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Grand Street business improvement district plan.

§ 25-437 125th street business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the 125th Street Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the 125th Street Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-437.1 125th Street business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the 125th Street business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million two hundred forty thousand four hundred sixty-two dollars ($1,240,462).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the 125th Street business improvement district plan.

§ 25-438 Village Alliance business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Village Alliance Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Village Alliance Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-438.1 Village Alliance business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Village Alliance business improvement district beginning on July 1, 2015, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million four hundred thousand dollars ($1,400,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Village Alliance business improvement district plan.

§ 25-438.2 Village Alliance business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Village Alliance business improvement district in the borough of Manhattan is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Village Alliance business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-439 White Plains Road business improvement district.

  1. The city council having determined pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the White Plains Road Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2.    Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the White Plains Road Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-439.1 White Plains Road business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the White Plains Road business improvement district beginning on July 1, 2007, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one hundred ten thousand dollars ($110,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the White Plains Road business improvement district plan.

§ 25-440 Washington Heights business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Washington Heights business improvement district beginning on July 1, 2005, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of five hundred seventeen thousand four hundred twenty-two dollars ($517,422).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Washington Heights business improvement district plan.

§ 25-441 Bryant Park business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Bryant Park business improvement district beginning on July 1, 2015, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million six hundred thousand dollars ($1,600,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Bryant Park business improvement district plan.

§ 25-441.1 Bryant Park business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Bryant Park business improvement district in the borough of Manhattan is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Bryant Park business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-441.2 Bryant Park business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Bryant Park business improvement district is based, and the council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-442 Downtown-Lower Manhattan Business Improvement District.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Downtown-Lower Manhattan Business Improvement District. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Downtown-Lower Manhattan Business Improvement District is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-442.1 Downtown-Lower Manhattan business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Downtown-Lower Manhattan business improvement district in the borough of Manhattan is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Downtown-Lower Manhattan business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-442.2 Downtown-Lower Manhattan business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Downtown-Lower Manhattan business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of twenty million four hundred thousand dollars ($20,400,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Downtown-Lower Manhattan business improvement district plan, as amended.

§ 25-442.3 Downtown-Lower Manhattan business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Downtown-Lower Manhattan business improvement district is based, and the council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-443 Sunset Park 5th Avenue business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Sunset Park 5th Avenue business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Sunset Park 5th Avenue business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-443.1 Sunset Park 5th Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Sunset Park 5th Avenue business improvement district beginning on July 1, 2008, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three hundred thousand dollars ($300,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Sunset Park 5th Avenue business improvement district plan.

§ 25-444 14th Street-Union Square business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the 14th Street-Union Square Business Improvement District in the borough of Manhattan is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the 14th Street-Union Square Business Improvement District, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-444.1 14th Street-Union Square business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the 14th Street-Union Square business improvement district beginning on July 1, 2019, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of four million two hundred thousand dollars ($4,200,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the 14th Street-Union Square business improvement district plan.

§ 25-445 Kings Highway business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Kings Highway business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of four hundred thousand dollars ($400,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Kings Highway business improvement district plan.

§ 25-445.1 Kings Highway business improvement district; amendment to the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize additional services and modify existing services for the Kings Highway business improvement district, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such changes, there are hereby authorized in the Kings Highway business improvement district such changes as set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan setting forth the additional services and modification of existing services authorized by subdivision a of this section.

§ 25-446 NoHo New York business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the NoHo New York business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the NoHo New York business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-446.1 NoHo New York business improvement district; increase in the amount to be expended annually.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the NoHo New York business improvement district beginning on July 1, 2019, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of eight hundred thousand dollars ($800,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the NoHo New York business improvement district plan.

§ 25-447 Madison Avenue business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Madison Avenue business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Madison Avenue business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-447.1 Madison Avenue business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Madison Avenue business improvement district in the borough of Manhattan is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Madison Avenue business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-447.2 Madison Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Madison Avenue business improvement district beginning on July 1, 2016, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two million one hundred thousand dollars ($2,100,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Madison Avenue business improvement district plan.

§ 25-448 180th Street business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the 180th Street business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the 180th Street business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-448.1 180th Street business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the 180th Street business improvement district beginning on July 1, 2015, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of seventy-eight thousand dollars ($78,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the 180th Street business improvement district plan.

§ 25-449 Mosholu-Jerome-East Gun Hill Road business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the Mosholu-Jerome-East Gun Hill Road business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Mosholu-Jerome-East Gun Hill Road business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-449.1 Mosholu-Jerome-East Gun Hill Road business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Mosholu-Jerome-East Gun Hill Road business improvement district beginning on July 1, 2011, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred fifty-nine thousand dollars ($259,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Mosholu-Jerome-East Gun Hill Road business improvement district plan.

§ 25-450 Lincoln Square business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Lincoln Square business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Lincoln Square business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-450.1 Lincoln Square business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Lincoln Square business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three million two hundred thousand dollars ($3,200,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Lincoln Square business improvement district plan.

§ 25-451 Church Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Church Avenue business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred three thousand dollars ($203,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Church Avenue business improvement district plan.

§ 25-451.1 Church Avenue business improvement district; amendment to the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize additional services and modify existing services for the Church Avenue business improvement district, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such changes, there are hereby authorized in the Church Avenue business improvement district such changes as set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan setting forth the additional services and modification of existing services authorized by subdivision a of this section.

§ 25-452 47th Street business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the 47th Street business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the 47th Street business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-452.1 47th Street business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the 47th Street business improvement district beginning on July 1, 2014, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of nine hundred thousand dollars ($900,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the 47th Street business improvement district plan.

§ 25-453 North Flatbush Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the North Flatbush Avenue business improvement district beginning on July 1, 2012, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred thousand dollars ($200,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the North Flatbush Avenue business improvement district plan.

§ 25-454 Montague Street business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Montague Street business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Montague Street business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-454.1 Montague Street business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Montague Street business improvement district beginning on July 1, 2015, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred ten thousand dollars ($210,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Montague Street business improvement district plan.

§ 25-455 Columbus Avenue Business Improvement District.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Columbus Avenue business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Columbus Avenue business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-455.1 Columbus Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Columbus Avenue business improvement district beginning on July 1, 2015, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of four hundred fifty-eight thousand eight hundred dollars ($458,800).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Columbus Avenue business improvement district plan.

§ 25-456 86th Street Bay Ridge business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the 86th Street Bay Ridge business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the 86th Street Bay Ridge business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-456.1 86th Street Bay Ridge business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the 86th Street Bay Ridge business improvement district beginning on July 1, 2014, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred ninety thousand dollars ($290,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the 86th Street Bay Ridge business improvement district plan.

§ 25-457 Kingsbridge business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the Kingsbridge business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Kingsbridge business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-457.1 Kingsbridge business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Kingsbridge business improvement district beginning on July 1, 2008, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three hundred twenty-nine thousand dollars ($329,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Kingsbridge business improvement district plan.

§ 25-458 East Mid-Manhattan business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the East Mid-Manhattan business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the East Mid-Manhattan business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-458.1 East Mid-Manhattan business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the East Mid-Manhattan business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three million five hundred thousand dollars ($3,500,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the East Mid-Manhattan business improvement district plan.

§ 25-459 Brighton Beach business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Brighton Beach business improvement district beginning on July 1, 2010, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred twenty thousand dollars ($220,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Brighton Beach business improvement district plan.

§ 25-460 Downtown Flushing Transit Hub business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the Downtown Flushing Transit Hub business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Downtown Flushing Transit Hub business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-461 Columbus/Amsterdam business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Columbus/Amsterdam business improvement district beginning on July 1, 2014, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three hundred fifty thousand dollars ($350,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Columbus/Amsterdam business improvement district plan.

§ 25-462 Sutphin Boulevard business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the Sutphin Boulevard business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Sutphin Boulevard business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-462.1 Sutphin Boulevard business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Sutphin Boulevard business improvement district beginning on July 1, 2013, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred fifty-two thousand dollars ($252,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Sutphin Boulevard business improvement district plan.

§ 25-463 Madison/23rd/Flatiron/Chelsea business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Madison/23rd/Flatiron/Chelsea business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision (b) of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Madison/23rd/Flatiron/Chelsea business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-463.1 Madison/23rd/Flatiron/Chelsea business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Madison/23rd/Flatiron/Chelsea business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three million two hundred fifty thousand dollars ($3,250,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Madison/23rd/Flatiron/Chelsea business improvement district plan.

§ 25-463.3 Fordham Road business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Fordham Road business improvement district is based, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-464 Fordham Road business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the Fordham Road business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision (b) of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Fordham Road business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-464.1 Fordham Road business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Fordham Road business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million ten thousand dollars ($1,010,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Fordham Road business improvement district plan.

§ 25-464.2 Fordham Road business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Fordham Road business improvement district in the borough of the Bronx is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Fordham Road business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-464.3 Fordham Road business improvement district; amendment of the district plan.*

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Fordham Road business improvement district is based, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-465 Forest Avenue business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Staten Island, the Forest Avenue business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision (b) of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Forest Avenue business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-465.1 Forest Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Forest Avenue business improvement district beginning on July 1, 2014, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one hundred seventy-five thousand dollars ($175,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Forest Avenue business improvement district plan.

§ 25-466 Myrtle Avenue Brooklyn business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Myrtle Avenue Brooklyn business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Myrtle Avenue Brooklyn business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-466.1 Myrtle Avenue Brooklyn business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision (b) of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Myrtle Avenue Brooklyn business improvement district is based, and the council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-466.2 Myrtle Avenue Brooklyn business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Myrtle Avenue Brooklyn business improvement district beginning on July 1, 2014, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of five hundred seventy-five thousand dollars ($575,000).
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-467 Queens Plaza/Court Square business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the Queens Plaza/Court Square business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision (b) of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Queens Plaza/Court Square business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-467.1 Queens Plaza/Court Square business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Queens Plaza/Court Square business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million dollars ($1,000,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Queens Plaza/Court Square business improvement district plan.

§ 25-467.2 Queens Plaza/Court Square business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Queens Plaza/Court Square business improvement district in the borough of Queens is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Queens Plaza/Court Square business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-467.3 Queens Plaza/Court Square business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Queens Plaza/Court Square business improvement district is based, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-468 161st Street business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the 161st Street business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision (b) of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the 161st Street business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-468.1 161st Street business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the 161st Street business improvement district beginning on July 1, 2014, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred forty thousand dollars ($240,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the 161st Street business improvement district plan.

§ 25-469 DUMBO business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the DUMBO business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the DUMBO business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-469.1 DUMBO business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the DUMBO business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million two hundred fifty thousand dollars ($1,250,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the DUMBO business improvement district plan.

§ 25-469.2 DUMBO business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the DUMBO business improvement district in the borough of Brooklyn is hereby extended. Such district is extended in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the DUMBO business improvement district, and the extension thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-470 Flatbush-Nostrand Junction business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Flatbush-Nostrand Junction business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Flatbush-Nostrand Junction business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-471 Bay Ridge 5th Avenue business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Bay Ridge 5th Avenue business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision (b) of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Bay Ridge 5th Avenue business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-471.1 Bay Ridge 5th Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Bay Ridge 5th Avenue business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of five hundred thirty-four thousand dollars ($534,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Bay Ridge 5th Avenue business improvement district plan.

§ 25-472 Court-Livingston-Schermerhorn business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn the Court-Livingston-Schermerhorn business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Court-Livingston-Schermerhorn business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-472.1 Court-Livingston-Schermerhorn business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Court-Livingston-Schermerhorn business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million four hundred thousand dollars ($1,400,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Court-Livingston-Schermerhorn business improvement district plan.

§ 25-473 Sunnyside business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the Sunnyside business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Sunnyside business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-473.1 Sunnyside business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Sunnyside business improvement district beginning on July 1, 2014, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three hundred sixty thousand dollars ($360,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Sunnyside business improvement district plan.

§ 25-474 Bayside Village business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the Bayside Village business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Bayside Village business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-474.1 Bayside Village business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Bayside Village business improvement district beginning on July 1, 2016, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred thirty thousand dollars ($230,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Bayside Village business improvement district plan.

§ 25-475 Southern Boulevard business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the Southern Boulevard business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Southern Boulevard business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-476 Park Slope Fifth Avenue business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Park Slope Fifth Avenue business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Park Slope Fifth Avenue business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-476.1 Park Slope Fifth Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Park Slope Fifth Avenue business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of five hundred thousand dollars ($500,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Park Slope Fifth Avenue business improvement district plan.

§ 25-477 Belmont business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the Belmont business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Belmont business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-477.1 Belmont business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Belmont business improvement district beginning on July 1, 2015, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of four hundred forty thousand dollars ($440,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Belmont business improvement district plan.

§ 25-478 Fulton Street business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Fulton Street business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Fulton Street business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-478.1 Fulton Street business improvement district; increase in the amount to be expended annually.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Fulton Street business improvement district beginning on July 1, 2015, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of five hundred thousand dollars ($500,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Fulton Street business improvement district plan.

§ 25-478.2 Fulton Street business improvement district; extension and modification of district boundaries.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension and modification of the district; that all the real property benefited is included within the limits of the district; and that the extension and modification of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Fulton Street business improvement district in the borough of Brooklyn is hereby extended and the boundaries modified. Such district extension and modification is in accordance with the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan upon which the Fulton Street business improvement district, and the extension and modification thereof, is based.
  3. The amended district plan shall not be further amended except in accordance with chapter four of this title.

§ 25-478.3 Fulton Street business improvement district; amendment of the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize a change in the method of assessment upon which the district charge in the Fulton Street business improvement district is based, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such change, there is hereby authorized in such district such change as is set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-479 Hudson Square business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Hudson Square business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Hudson Square business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-479.1 Hudson Square business improvement district; amendments to the district plan.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize additional improvements and to authorize a change in the method of assessment upon which the district charge in the Hudson Square business improvement district is based, and the council having determined further that the tax and debt limitations prescribed in section 25-412 of chapter four of this title will not be exceeded by such changes, there are hereby authorized in the Hudson Square business improvement district such changes as are set forth in the amended district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law, the council shall file with the city clerk the amended district plan setting forth the additional improvements and containing the change in the method of assessment authorized by subdivision a of this section.

§ 25-479.2 Hudson Square business improvement district; increase in amount to be expended annually.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Hudson Square business improvement district beginning on July 1, 2019, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three million nine hundred thousand dollars ($3,900,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Hudson Square business improvement district plan.

§ 25-479.3 Hudson Square business improvement district; extension of district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the extension of the district; that all the real property benefited is included within the limits of the district; and that the extension of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, the Hudson Square business improvement district in the borough of Manhattan is hereby extended. Such district is extended in accordance with the amended district plan of 2018 required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the amended district plan of 2018 upon which the Hudson Square business improvement district, and the extension thereof, is based.
  3. The amended district plan of 2018 shall not be further amended except in accordance with chapter four of this title.

§ 25-480 Bed-Stuy Gateway business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Bed-Stuy Gateway business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Bed-Stuy Gateway business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-481 Atlantic Avenue business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Brooklyn, the Atlantic Avenue business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Atlantic Avenue business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-481.1 Atlantic Avenue business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Atlantic Avenue business improvement district beginning on July 1, 2016, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three hundred ninety thousand dollars ($390,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Atlantic Avenue business improvement district plan.

§ 25-482 SoHo business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the SoHo business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the SoHo business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-482.1 SoHo business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the SoHo business improvement district beginning on July 1, 2017, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of nine hundred thousand dollars ($900,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the SoHo business improvement district plan.

§ 25-483 Chinatown business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Chinatown business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Chinatown business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-483.1 Chinatown business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Chinatown business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million eight hundred thousand dollars ($1,800,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Chinatown business improvement district plan.

§ 25-484 Westchester Square business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the Westchester Square business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Westchester Square business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-484.1 Westchester Square business improvement district.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Westchester Square business improvement district beginning on July 1, 2018, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of four hundred twenty-five thousand nine hundred twenty dollars ($425,920).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Westchester Square business improvement district plan.

§ 25-485 Hudson Yards business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Hudson Yards business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Hudson Yards business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-486 West Shore business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Staten Island, the West Shore business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the West Shore business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-487 South Shore business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Staten Island, the South Shore business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the South Shore business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-488 Meatpacking Area business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Manhattan, the Meatpacking Area business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Meatpacking Area business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-489 Greater JFK business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Queens, the Greater JFK business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Greater JFK business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-490 New Dorp business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of Staten Island, the New Dorp business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the New Dorp business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-491 Morris Park business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the Morris Park business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Morris Park business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

§ 25-492 Throggs Neck business improvement district.

  1. The city council having determined, pursuant to section 25-407 of chapter four of this title: that notice of hearing for all hearings required to be held was published and mailed as required by law and was otherwise sufficient; that, except as otherwise provided in section 25-403 of chapter four of this title, all the real property within the boundaries of the district will benefit from the establishment of the district; that all the real property benefited is included within the limits of the district; and that the establishment of the district is in the public interest; and the council having determined further that the requisite number of owners have not objected as provided in section 25-406 of chapter four of this title, there is hereby established in the borough of the Bronx, the Throggs Neck business improvement district. Such district is established in accordance with the district plan required to be filed with the city clerk pursuant to subdivision b of this section.
  2. Immediately upon adoption of this local law by the council, the council shall file with the city clerk the district plan upon which the Throggs Neck business improvement district is based.
  3. The district plan shall not be amended except in accordance with chapter four of this title.

Chapter 6: Authorization of Increased Expenditure In Special Assessment Districts

§ 25-601 One Hundred Sixty-fifth Street Mall Special Assessment District.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the one hundred sixty-fifth street mall special assessment district beginning on July 1, 2016, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of two hundred fifty thousand dollars ($250,000).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the one hundred sixty-fifth street mall special assessment act.
  3. The commissioner of finance shall prepare a roll setting forth separately the charges to be assessed against each separately assessed property in the district.

§ 25-602 Fulton Mall Special Assessment District.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Fulton Mall special assessment district beginning on July 1, 2019, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of three million six thousand seven hundred fifty dollars ($3,006,750).
  2. The amount of such expenditure to be levied upon each property in the district shall be determined in accordance with the method of assessment set forth in the Fulton mall special assessment act, as amended.
  3. The commissioner of finance shall prepare a roll setting forth separately the charges to be assessed against each separately assessed property in the district.

§ 25-603 Nassau Street Mall Special Assessment District.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Nassau street mall special assessment district, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in subdistrict A of such district an annual expenditure of one hundred forty-two thousand five hundred dollars ($142,500) and in subdistrict B of such district an annual expenditure of fifty-six thousand dollars ($56,000).
  2. The amount of such expenditure to be levied upon each property in subdistrict A and subdistrict B of such district shall be determined in accordance with the method of assessment set forth in the Nassau street mall special assessment act, as amended, provided that any property referred to in paragraph b of subdivision 2 of section 5 of such act for which an adjusted levy was made in fiscal year 1991, may have its levy adjusted in subsequent fiscal years using the same method of assessment for such adjustment as was used in fiscal year 1991. If such adjustments are made the levy for the remaining properties in the subdistricts may be adjusted accordingly.

§ 25-603.1 Dissolution of Nassau street mall special assessment district.

The recommendations of the Nassau street mall improvement association concerning the proposed dissolution of the Nassau street mall special assessment district having been requested and considered by the city council in accordance with subdivision (a) of section 25-415 of chapter four of this title, therefore, pursuant to the authority granted by such subdivision, the Nassau street mall special assessment district is hereby dissolved as of the end of calendar day December 31, 1997, provided that as of such date there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the Nassau street mall special assessment district.

§ 25-604 Jamaica Center Mall Special Assessment District.

  1. The city council having determined, pursuant to subdivision b of section 25-410 of chapter four of this title, that it is in the public interest to authorize an increase in the amount to be expended annually in the Jamaica Center mall special assessment district beginning on July 1, 2016, and the council having determined further that the tax and debt limits prescribed in section 25-412 of chapter four of this title will not be exceeded by such increased expenditure, there is hereby authorized in such district an annual expenditure of one million seventeen thousand five hundred dollars ($1,017,500), of which eight hundred twenty-one thousand six hundred thirty-one dollars ($821,631) may be expended in subdistrict 1 of such district, and one hundred ninety-five thousand eight hundred sixty-nine dollars ($195,869) may be expended in subdistrict 2 of such district.
  2. The amount of such expenditure to be levied upon each property in subdistrict 1 and subdistrict 2 of such district shall be determined in accordance with the method of assessment set forth in the Jamaica Center mall special assessment act, as amended, provided that any property referred to in paragraph b of subdivision 2 of section 5 of such act for which an adjusted levy was made in fiscal year 1991, may have its levy adjusted in subsequent fiscal years using the same method of assessment for such adjustment as was used in fiscal year 1991. If such adjustments are made the levy for the remaining properties in the subdistricts may be adjusted accordingly.

Chapter 7: Conversion of Hotel Space

§ 25-701 Definitions.

As used in this chapter:

Accessory hotel space. The term “accessory hotel space” means any space within a hotel other than primary hotel space. Accessory hotel space includes, but is not limited to, retail space, lobby areas, reception areas, administrative offices, storage areas, laundries, food and beverage facilities and banquet and conference facilities.

Board. The term “board” means the board of standards and appeals.

Covered hotel conversion. The term “covered hotel conversion” means a conversion of any amount of primary hotel space, or covered timeshare space, on a covered lot to space used for purposes other than primary hotel space, or covered timeshare space, where applications for approval of construction documents relating to such conversion have been filed with the department of buildings on or after the effective date of the local law that added this chapter. Covered hotel conversion does not include a conversion of primary hotel space on a covered lot to space used under a timesharing plan. Covered hotel conversion does not include a conversion of primary hotel space where (A) the covered lot containing such primary hotel space was subject to an agreement for the purchase and sale of such lot entered into within 24 months preceding the effective date of the local law that added this chapter and (B) the purchaser exhibited a demonstrated interest in converting the covered lot from primary hotel space at the time of the purchase.

Covered lot. The term “covered lot” means a zoning lot that, at any time on or after the effective date of the local law that added this chapter, contains primary hotel space or covered timeshare space with 150 or more sleeping units in aggregate.

Covered timeshare space. The term “covered timeshare space” means space subject to a timesharing plan where such space was converted from primary hotel space on or after the effective date of the local law that added this chapter.

Cumulative hotel conversion factor. The term “cumulative hotel conversion factor” means, for a zoning lot, the sum of the hotel conversion factors for each covered hotel conversion occurring on a covered lot.

Floor area. The term “floor area” means floor area as defined in section 12-10 of the New York city zoning resolution.

Hotel. The term “hotel” means a transient hotel as defined in section 12-10 of the New York city zoning resolution that is located in the borough of Manhattan.

Hotel conversion factor. The term “hotel conversion factor” means, for a covered hotel conversion, the greater of zero or the number obtained by subtracting the post-conversion area from the pre-conversion area, divided by the pre-conversion area, multiplied by 100.

Pre-conversion area. The term “pre-conversion area” means, for a covered hotel conversion, the floor area contained within primary hotel space or covered timeshare space on a covered lot immediately before such conversion.

Post-conversion area. The term “post-conversion area” means, for a covered hotel conversion, the floor area contained within primary hotel space or covered timeshare space on a covered lot immediately after such conversion.

Primary hotel space. The term “primary hotel space” means space within a hotel where such space consists of living or sleeping accommodations that are used or designed to be used primarily for transient occupancy. Primary hotel space does not include accessory hotel space.

Timesharing plan. The term “timesharing plan” means any arrangement, excluding exchange programs as such phrase is used in part 24 of subchapter B of chapter II of title 13 of the New York code of rules and regulations, the primary purpose of which is to provide each of three or more purchasers with the right to use and occupy a unit or units for a period of time which is less than 30 consecutive days at any particular location, and which continues for a period of more than three years, or which, for nominal consideration, may be renewed to continue for a period of more than three years.

§ 25-702 Hotel conversions.

Except as provided in section 25-703:

  1. No covered lot may have a cumulative hotel conversion factor of greater than 20.
  2. No permit from the department of buildings may be issued for work in connection with a covered hotel conversion at a covered lot unless the owner of primary hotel space or covered timeshare space on such covered lot demonstrates to the satisfaction of the commissioner of buildings that such conversion would not increase the cumulative hotel conversion factor for such lot to greater than 20, or provides evidence of a waiver granted pursuant to section 25-703.

§ 25-703 Waiver; board of standards and appeals.

  1. The board shall review applications for waivers pursuant to this section.
  2. An owner of primary hotel space or covered timeshare space on a covered lot may apply to the board for a waiver of the provisions of section 25-702 in order to carry out a covered hotel conversion that would increase the cumulative hotel conversion factor for the zoning lot containing such hotel space to greater than 20.
  3. The board shall conduct one or more public hearings on each application for a waiver under this section.
  4. In determining whether to issue a waiver under this section allowing the cumulative hotel conversion factor for the lot where such primary hotel space or covered timeshare space is situated to exceed 20, the board shall assess whether the application of section 25-702 permits a reasonable rate of return, while also taking into account practical difficulties or unnecessary hardship in the way of strict application of such section, so that the spirit of the law shall be observed, the public safety and welfare secured and substantial justice done. In evaluating the ability of the applicant to earn a reasonable financial return, the board shall consider the financial state of the existing primary hotel space or covered timeshare space, including but not limited to revenue, income, expenses, profit, revenue per available room, average daily room rate, occupancy levels, any information presented at the public hearing on the application and any other information deemed relevant by the board; provided that the board shall not consider returns expected from converting such primary hotel space or covered timeshare space to a use other than primary hotel space or covered timeshare space except when determining the extent of the waiver that would allow the applicant to earn a reasonable financial return.
  5. The board may grant a waiver pursuant to this section only to the minimum extent necessary to afford relief, in accordance with the intent and purposes of this chapter. In granting such a waiver, the board shall make an express finding that it is the minimum waiver necessary to afford relief.
  6. Applications for waivers under this section and subsequent related submissions that the board determines are complete and sufficiently responsive to permit board consideration of the criteria set forth in subdivision d of this section shall be considered and acted upon without undue delay.

Chapter 8: Deed Restrictions

§ 25-801 Definitions.

For the purposes of this chapter, the following terms have the following meanings:

Commissioner. The term “commissioner” means the commissioner of citywide administrative services.

Deed restriction. The term “deed restriction” means a covenant set forth in a deed, lease that is for a term of 49 years or longer, or easement that limits the use of property located in the city and is imposed by the city when such property is sold or otherwise disposed of by the city.

Department. The term “department” means the department of citywide administrative services.

§ 25-802 Standard.

  1. A request for modification or removal of a deed restriction submitted to the department shall be reviewed in accordance with the procedures set forth in this chapter. Such request shall only be approved upon a determination that the proposed modification or removal is appropriate and furthers the best interests of the city. In reaching such a determination, the following factors, at a minimum, shall be considered:

   i. the potential effect of a requested removal or modification of a deed restriction on the community in which the property is located and the city generally;

   ii. whether modifying or removing such deed restriction could allow the property to serve alternate purposes beneficial to the community or city as a whole;

   iii. if such modification or removal could result in the closing of a facility providing services in the community or a reduction in such services and the impact of any such closure or reduction; and

   iv. the potential impact of such modification or removal on, at a minimum, the following: the provision of open spaces; the character of certain designated areas of historic and architectural interests; the availability of space for educational, religious, recreational, health, and similar community-based facilities that serve community residents; the availability of local retail businesses; the availability of affordable housing in the community; economic development; and investments in infrastructure.

  1. Changes. The department shall not modify or remove any deed restriction without the approval of the mayor, or the mayor’s designee, pursuant to section 3-119.

§ 25-803 Process.

  1. Intake package. A property owner requesting that the department modify or remove a deed restriction must submit to the department an intake package consisting of:

   1. A request form provided by the department, which must include:

      i. the property owner’s name;

      ii. the address and any commonly known name of the property;

      iii. the reason for the request;

      iv. a description of any proposed development or sale of the property to a third party;

      v. a description of the use of the property since the property owner’s purchase;

      vi. the date by which the property owner seeks to have the requested modification or removal take effect;

      vii. any other federal, state, or local governmental actions taken, pending, or necessary for such modification or removal; and

      viii. any other information required by the commissioner.

   2. A copy of the current deed of ownership and any other document containing the deed restriction

   3. Verified statement and tax affidavit (VSTA) forms, provided by the department, disclosing real property owned and any outstanding real property taxes, water and sewer charges, assessments, and/or other municipal charges, including interest on any of the aforementioned amounts;

   4. If the property owner is a corporation, limited liability company, or partnership:

      i. a list identifying the names of any individuals whose share of ownership in the corporation, limited liability company, or partnership is 20 percent or more; and

      ii. a certificate of good standing issued by the state or the equivalent of such certificate issued by another state; and

   5. A federal or state tax identification number.

  1. The property owner shall promptly report to the department any changes in the information provided in the intake package that occur after the intake package is submitted and while the request is pending.

§ 25-804 Review of requests.

  1. Preliminary review. Following the submission of an intake package pursuant to subdivision a of section 25-803, the department shall conduct a preliminary review of a request that the department modify or remove a deed restriction.

   1. Upon receipt of the intake package required pursuant to subdivision a of section 25-803, the department shall notify the property owner in writing that the request for modification or removal is under review.

   2. At the time the property owner is notified in writing that the request for modification or removal is under review pursuant to paragraph 1 of this subdivision, the department shall send notice of such review, along with the intake package for such request submitted pursuant to subdivision a of section 25-803, by mail and electronic mail to the community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.

   3. The department shall perform a land use analysis, which shall include a description of the history of the use of the property, the deed restriction that is the subject of the request, the land use implications of such deed restriction, and an analysis of whether such modification or removal furthers the best interests of the city pursuant to the factors set forth in subdivision a of section 25-802. The department of city planning shall assist the department in such analysis by providing information concerning the zoning and land use of the property and surrounding area, including urban design characteristics, public transit access, any existing and planned land use policies and initiatives, and any prior land use actions affecting the property. Notwithstanding any provision of this chapter to the contrary, if the department determines that such modification or removal does not further the best interests of the city, the department shall take no further action on such request and shall inform the property owner, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located of such determination.

   4. The department shall conduct a due diligence review to determine whether there are outstanding obligations owed to the city in connection with the properties identified in the VSTA forms, or by the current property owner or any proposed property owner, which shall include but not be limited to review of the following information related to such properties, current property owner, or any proposed property owner:

      i. the intake package;

      ii. information requested from other city agencies, including, but not limited to, the department of buildings and the department of finance; and

      iii. information obtained through a search of public databases.

  1. Appraisal.

   1. The department shall appraise the market value of the property with and without the deed restriction based on two appraisals, at least one of which must be performed by an independent real estate appraiser licensed in the state who is not an employee of the department. The appraisals shall be performed within 60 days prior to the date the department submits its preliminary recommendation to the committee established pursuant to section 3-119 and within 180 days prior to the date the department submits its final written recommendation to the mayor pursuant to section 3-119.

   2. The property owner shall pay an appraisal fee equivalent to the cost of the independent appraisal. The department may waive or modify such fee if it determines, based on a showing made by the property owner, that the payment of such fee would impose an unreasonable hardship on the property owner.

   3. The method of calculation of any consideration to be proposed in connection with the modification or removal of the deed restriction shall be determined by the department in consultation with relevant city agencies and experts, including, but not limited to, the law department. Such method shall take into account the market value of the property with and without the deed restriction.

   4. Based on the appraisals and in accordance with the calculation method determined pursuant to paragraph 3 of this subdivision, the department shall propose a consideration amount, if any, that would be required for the modification or removal of the deed restriction, and shall include the department’s reasoning for proposing such consideration amount.

   5. Notwithstanding paragraph 1 of this subdivision, appraisals shall not be required if:

      i. a deed restriction would be imposed in lieu of the deed restriction that is the subject of the request for removal or modification, and the department determines that the deed restriction to be imposed is of substantially equivalent value to the deed restriction to be removed or modified;

      ii. the consideration amount for the modification or removal of the deed restriction is set forth in a legally binding written agreement between the city and the property owner executed at the time the deed restriction was imposed; or

      iii. the department determines that appraisals are not necessary as an environmental restriction that was imposed on a property by a regulatory agency is removed upon a subsequent determination by such agency that such restriction is no longer necessary, or when a deed restriction has become detrimental to the city’s interest.

   6. If the department determines that an appraisal is not required pursuant to paragraph 5 of this subdivision, the department shall prepare a written summary of its reasons for reaching such determination.

  1. Consultation and notice.

   1. Following the preliminary review and performance of any appraisals, the department shall consult with other city, state, or federal agencies as appropriate, including, but not limited to, the department of housing preservation and development, the department of city planning, the department of small business services, and any agency involved in providing services at the property, to obtain information about the public benefit related to the deed restriction, assess possible alternative uses of the property, and identify potential issues of concern with the proposed modification or removal.

   2. Following such consultation, the department shall prepare a summary of findings based on the land use analysis, due diligence review, consultation conducted pursuant to this section, and, if applicable, its determination pursuant to paragraph 4 or 6 of subdivision b of this section.

   3. No later than three business days after such summary is completed and at least 60 days prior to any modification or removal of such deed restriction, the department shall post online and send notice of the proposed modification or removal as set forth in this paragraph. Such notice shall identify the property by its address and any commonly known name and include the summary prepared pursuant to paragraph 2 of this subdivision and shall be sent by mail and electronic mail to the community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located. Such notice shall be titled in large bold letters “Notice of Removal or Modification of Deed Restriction on Real Property.”

  1. Uniform land use review procedure.

   1. The department, in consultation with the law department, shall establish a process for determining whether a proposed modification or removal is subject to the uniform land use review procedure set forth in section 197-c of the charter.

   2. If, pursuant to such process, the department determines that a proposed modification or removal is subject to the uniform land use review procedure set forth in section 197-c of the charter, the department shall prepare an application for such modification or removal to be reviewed pursuant to such procedure. Any request for modification or removal that is subject to the uniform land use review procedure shall not be approved unless the application for such modification or removal submitted in accordance with section 197-c of the charter is approved pursuant to chapter 8 of the charter.

  1. Public hearing.

   1. The department shall conduct at least one public hearing on such requested modification or removal pursuant to the procedures set forth in this subdivision. A public hearing shall occur at least 45 days but no more than 120 days prior to such removal or modification.

   2. The department shall publish a public notice of any hearing online and in the city record for at least seven consecutive business days commencing at least 30 days and no more than 40 days before any such hearing.

   3. The department shall send notice of any hearing by mail and electronic mail to the community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.

   4. Any public hearing shall be held in the community district in which the property is located.

   5. A public file containing copies of the calendar document and other public documents, including the summary prepared pursuant to paragraph 2 of subdivision c of this section, shall be posted online and sent to the community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located no later than 20 days before any hearing.

   6. The department shall prepare and post online a summary of public comments received at any such hearing, along with responses to such comments, on the request for modification or removal of the deed restriction.

  1. Committee review.

   1. If, based on the information obtained pursuant to this section, the department finds that the requested modification or removal of a deed restriction is appropriate and furthers the best interests of the city, the department shall submit a preliminary recommendation to approve the request to the committee established pursuant to section 3-119. Such preliminary recommendation shall include any proposed consideration amount and shall be accompanied by the materials required pursuant to pursuant to section 3-119.

   2. If the committee approves the department’s preliminary recommendation, within three business days of such approval, the department shall issue a letter to the property owner setting forth such recommendation; any required consideration, as approved or modified by the committee; and any further actions the property owner must take to obtain the requested modification or removal of the deed restriction, which shall include, but not be limited to, the property owner’s agreement in writing to take the steps necessary to obtain the requested modification or removal. If the property owner does not respond to such letter within 30 calendar days after the receipt of such letter, the department shall cease any further action with regard to the requested modification or removal until a response is received; provided, however, if a property owner fails to respond or fails to request more time to respond within 60 days following receipt of such letter, the department shall treat such response as a new request.

§ 25-805 Mayoral approval.

Following the receipt of the committee’s determination pursuant to section 3-119 and any approval required pursuant to chapter 8 of the charter, the department shall determine whether the requested modification or removal of a deed restriction is appropriate and furthers the best interests of the city. If the department determines that such modification or removal is appropriate and furthers the best interests of the city, it shall submit to the mayor a final written recommendation for approval of such request. Such written recommendation shall include the intake package submitted pursuant to subdivision a of section 25-803, any appraisals conducted pursuant to subdivision b of section 25-804, the summary prepared pursuant to paragraph 2 of subdivision c of section 25-804, the summary of public comments prepared pursuant to paragraph 6 of subdivision e of section 25-804, any and all agreements with the property owner pursuant to paragraph 2 of subdivision f of section 25-804, and any other documents or information the department deems relevant.