Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza: Art. I, 9-20-1989 as L.L. No. 9-1989; Art. II, 2-7-1990 as L.L. No. 2-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 225.
[Adopted 9-20-1989 as L.L. No. 9-1989]

§ 93-1 Findings; purpose.

Article 19-A of the General Municipal Law of the State of New York sets out a comprehensive procedure for the establishment and/or extension of business improvement districts within municipalities. Section 980-b of said Article 19-A provides that "any municipality shall be authorized to adopt a local law, subject to permissive referendum, providing that the provisions of this article shall be applicable to the establishment or extension of districts in the municipality." The Board of Trustees of the village hereby finds that the establishment of business improvement districts is an effective means for encouraging, promoting and assisting business activity within the village and that the adoption of the provisions of the General Municipal Law would therefore further the health and welfare of village residents.

§ 93-2 Establishment or extension of districts.

In accordance with the enabling authorization set forth in § 980-b of Article 19-A of the General Municipal Law of the State of New York, it is hereby provided that the provisions of said Article 19-A shall be applicable to the establishment and/or extension of business improvement districts in the village and that the village shall have all powers specified therein with respect to the establishment and/or extension of said districts.

§ 93-3 When effective; filing; permissive referendum.

This Article shall become effective 30 days after its adoption and upon being filed in the office of the Secretary of State, with an additional copy to be filed with the Department of Audit and Control, subject to the permissive referendum procedures set forth in the Village Law.[1]
[1]
Editor's Note: No such referendum was held on this chapter.
[Adopted 2-7-1990 by L.L. No. 2-1990]

§ 93-4 Findings.

The Board of Trustees has determined that the establishment of a business improvement district (BID) in accordance with the provisions of Article 19-A of the General Municipal Law is an effective means for restoring and promoting business activity within the central business district of the village and that such a BID will serve the welfare of the village and its residents. The Board, having adopted a resolution authorizing the preparation of a BID plan, having reviewed the filed BID plan and having provided all notices, held all public hearings and made all findings required by Article 19-A of the General Municipal Law in connection with said BID plan and now enact and adopt this Article in order to establish a BID for the central business area of the village in accordance with the filed BID plan.

§ 93-5 Definitions.

As used in this article the following terms shall have the meanings indicated:
BID
The business improvement district for the central business district of the Village of Great Neck Plaza established by this article.
BID ASSESSMENT
An assessment on properties to defray the costs of services and improvements in the BID.
[Added 12-15-1999 by L.L. No. 15-1999]
BID PLAN
The Business Improvement District Plan for the central business district of the Village of Great Neck Plaza prepared pursuant to the resolution adopted by the Board of Trustees on November 1, 1989, and filed with the Village Clerk.
BOARD
The Board of Trustees of the village.
COMMERCIAL USE
The use of real property for any purpose other than a residential use.
[Added 12-15-1999 by L.L. No. 15-1999]
CONTRACT
A contract for a specified term of years to be entered into between the village and the District Management Association concerning the BID.
CONTRACT YEAR
A period of one year to coincide with the village's tax year, i.e., from March 1 to February 28, except that the "first contract year" shall mean the period from the effective date of this Article through and including the date of February 28 immediately following said effective date.
DISTRICT MANAGEMENT ASSOCIATION
The not-for-profit corporation to be established pursuant to § 980-m of Article 19-A of the General Municipal Law for the purposes of carrying out the activities prescribed in the BID Plan and for managing and administering the BID established by this article.
EXEMPT PROPERTY
All property exempt from payment of general village taxes under any applicable law.
OWNER
Owners of record.
RESIDENTIAL USE
The use of real property as a home or residence, such as in a private home or apartment in a multiple dwelling, regardless of the form of ownership.
[Added 12-15-1999 by L.L. No. 15-1999]
TENANT
An occupant pursuant to a lease of commercial space, other than an owner.
VILLAGE
The Village of Great Neck Plaza.

§ 93-6 Boundaries of district.

The village hereby establishes a BID for the central business district of the village, which shall include the following areas, as delineated on the map attached hereto as Appendix 1:[1]
A. 
Both sides of Middle Neck Road between Barstow Road and Grace Avenue.
B. 
The west side of Middle Neck Road from Grace Avenue to the boundary line between the Villages of Great Neck Plaza and Great Neck Estates.
C. 
The east side of Middle Neck Road from Grace Avenue to the boundary line between the Villages of Great Neck Plaza and Kensington.
D. 
Both sides of Grace Avenue from Plaza Centre to Park Place.
E. 
Both sides of Maple Drive to and including the village municipal parking facilities.
F. 
Both sides of Bond Street from North Station Plaza to Maple Drive.
G. 
Both sides of North Station Plaza from Middle Neck Road to Barstow Road.
H. 
Both sides of Park Place from North Station Plaza to Grace Avenue.
I. 
Both sides of Barstow Road from South Middle Neck Road to Grace Avenue.
J. 
Both sides of Linden Place from Barstow Road to Canterbury Road.
K. 
South side of Welwyn Road from Barstow Road to Shoreward Drive.
L. 
South side of Great Neck Road from South Middle Neck Road to the boundary line between the Village of Great Neck Plaza and the Town of North Hempstead.
M. 
North side of Great Neck Road from South Middle Neck Road west to Cutter Mill Road.
N. 
South side of Cutter Mill Road from Middle Neck Road to Great Neck Road.
O. 
North side of Cutter Mill Road from Middle Neck Road to the boundary line between the Villages of Great Neck Plaza and Great Neck Estates.
P. 
Both sides of Plaza Centre from Cutter Mill Road to the boundary line between the villages of Great Neck Plaza and Great Neck Estates.
Q. 
South side of South Station Plaza from South Middle Neck Road to Barstow Road.
[1]
Editor's Note: Appendix 1 is on file and available for inspection in the office of the Village Clerk.

§ 93-7 Services and improvements to be provided within the district.

A. 
With the exception of capital improvements, the services and improvements to be provided within the BID may include any and all those specified in § 980-c of Article 19-A of the General Municipal Law including, but not limited to, the following:
(1) 
Enhanced sanitation services.
(2) 
Security services to enhance the security of persons and property within the BID.
(3) 
Promotional services, such as the advertisement of commercial opportunities in the BID and promotional campaigns designed to attract shoppers to the BID. These may include, but will not be limited to, special publications, promotional inserts, newspaper, radio and other media advertisements, street festivals, coordinated sales events, entertainment festivals and other marketing and promotional activities.
(4) 
Marketing education programs for businesses with the BID.
(5) 
Holiday and seasonal decorations including, but not limited to, the acquisition and installation of decorative lighting on light poles, trees, etc., and the payment of electrical costs incurred for the operation of such lights.
(6) 
A program for the maintenance of capital improvements and special amenities including but not limited to brick paving, signs, trees, benches, trash receptacles and special streetlighting, including the purchase of any necessary equipment.
(7) 
Administrative services.
B. 
All services shall be in addition to, and not a substitution for, required and customary municipal services provided by the Village of Great Neck Plaza on a villagewide basis.
C. 
The services to be provided within a contract year shall be those approved by the Board of Directors of the District Management Association and the Board of Trustees of the village. All services or improvements need not be performed or provided in any contract year.

§ 93-8 Funding of district.

A. 
The following sources of funding shall be available for the provision of the services and improvements provided within the BID and for the operations of the District Management Association:
(1) 
Assessments.
[Amended 12-15-1999 by L.L. No. 15-1999]
(a) 
Except as otherwise provided herein, all real property within the BID shall be subject to a BID assessment.
(b) 
Exempt property shall not be subject to a BID assessment.
(c) 
Real property devoted to a residential use shall not be subject to a BID assessment.
(d) 
All nonexempt property within the BID devoted in whole or in part to a commercial use shall be subject to a BID assessment.
(e) 
Nonexempt real property which has a mixed use and which is devoted in part to residential use and in part to commercial use, such as a multistory building which has one floor of retail stores and the remaining floors of residential apartments, shall be subject to a BID assessment under this section which shall be prorated based on the percentage of the property used for only commercial purposes.
(f) 
Specialized senior housing facilities as defined in § 225-2 of the Village Code shall be subject to a BID assessment based on treating such facilities as devoted half to a residential use and half to a commercial use.
(g) 
The BID assessment under this section shall be in an amount, exclusive of debt service, which is equal to 19% of the general village tax, or in such amount not to exceed 19% of the general village tax as is determined by the District Management Association and the Board to be sufficient to fund operations and the provision of services and improvements in the BID in a particular contract year.
(h) 
When the use of real property changes, then it shall be subject to a BID assessment based on the nature of the use as of the taxable status date for any particular tax year.
(i) 
The amount of the BID assessment under this section shall be included in the total amount that the village is permitted by law in a contract year to raise by real property taxes.
(2) 
Grants and donations. The District Management Association may accept grants and donations from private institutions, public entities or individuals.
(3) 
Borrowings. The District Management Association may borrow money from private lending institutions, the village, other public entities or individuals for the purpose of funding its operations and the provision of services and improvements within the BID. For the purpose of serving such loans, the District Management Association may assign revenues from the other sources of revenue listed herein.
(4) 
Other. The District Management Association may derive revenues from any other sources of funds not heretofore mentioned and permitted by law.
B. 
Subject to requirements of law, the District Management Association may apply all moneys derived from the sources of funding described herein toward funding any expenditures permitted in connection with the BID.
C. 
The use of moneys received by the District Management Association from the village or from any other public entity, whether in the form of a grant or as proceeds from a loan, shall be subject to all statutory requirements applicable to the expenditure and use of such moneys and any contractual requirements imposed by the village (whether pursuant to the contract or otherwise) or by any other public entity, as the case may be.
D. 
The administration of the BID shall be conducted by a salaried staff which may include but will not be limited to a street manager, secretary and any other special staff and/or consultants that the Board of Directors may deem necessary from time to time, such as advertising and promotional specialists, accountants and legal advisors, with fringe benefits and benefits. Administration costs may also include office rental and equipment and office supplies, including telephones and insurance. The District Management Association may also utilize subcontractors to render such administrative services as it deems necessary.
E. 
Expenses hereinafter incurred by the village in connection with preparing a plan for the purpose of extending the boundaries of the BID or providing additional services or improvements in the BID shall be reimbursable to the village in accordance with § 980-d(e) of Article 19-A of the General Municipal Law.
F. 
All contracts for improvements, goods or services to be provided in the BID shall be subject to all applicable provisions of law relating to the letting of contracts by the village.

§ 93-9 Budgets.

A. 
The District Management Association shall establish for each contract year a proposed budget of expenditures. Such proposed budget shall (with respect to the contract year to which it applies):
(1) 
Reasonably itemize the purposes for which moneys are proposed to be expended by the District Management Association;
(2) 
Specify the amount, if any, proposed to be expended by the District Management Association for debt service; and
(3) 
Set forth the total amount proposed to be expended (the "total annual budget amount").
B. 
The total annual budget amount shall not be greater than the aggregate amount of all moneys which the District Management Association may collect for the contract year in question from all funding sources permitted under this Article. However, the total annual budget amount shall not be less than the amount needed to satisfy the District Management Association's debt service obligations for the contract year in question.
C. 
The District Management Association shall make no expenditure other than in accordance with and pursuant to:
(1) 
A budget for which a total annual budget amount has been approved in a resolution and adopted by the Directors of the District Management Association and the Board of Trustees of the Village of Great Neck Plaza;
(2) 
Any provisions in the contract providing for the satisfaction of outstanding obligations of the District Management Association; and
(3) 
Any provisions in the contract providing for the expenditure of amounts provided in the budget for, but unexpended in, a previous contract year.
D. 
Subject to the District Management Association's obligations to satisfy its debt service obligations for the contract year in question, the District Management Association may revise the itemizations within any budget.
E. 
In the event that in any given contract year the sources of funding do not in the aggregate produce revenues equal to the total annual budget amount for such contract year, the District Management Association may, subject to the contract, forego some or all of the non-debt expenditures as are provided for in the budget in question in order to have revenues sufficient to pay the debt service provided for in such budget.

§ 93-10 District Management Association.

A. 
The District Management Association shall be a not-for-profit corporation incorporated under § 402 of the New York State Not-For-Profit Corporation Law in accordance with § 980-m of Article 19-A of the General Municipal Law. The corporation shall be organized for the purpose of executing the responsibilities of a District Management Association as set forth in this Article and in the General Municipal Law. The District Management Association will carry out the activities prescribed in the BID Plan and promote and support the Business Improvement District.
B. 
The District Management Association shall be administered by a Board of Directors which shall be composed of 11 members, six of whom shall represent owners of nonexempt real property located within the BID, two of whom shall represent commercial tenants within the BID, and three of whom shall be public representatives. The bylaws of the District Management Association may change the number of directors except that the number of public representatives shall not be changed, there shall be representatives of owners and tenants on the Board of Directors and directors elected by owners shall constitute a majority of the Board of Directors. The bylaws of the District Management Association shall specify the manner in which the directors representing owners and tenants shall be elected and may allow for the election of owner representatives by weighted voting in accordance with § 980-m of the General Municipal Law. The three directors representing the public shall be designated, respectively, by the Mayor of the village, by the Board of Trustees of the village and by the Village Treasurer.
C. 
The District Management Association shall enter into a contract with the village which shall, inter alia, obligate the District Management Association to provide certain specified services and improvements within the BID and require the village, pursuant to specific terms, conditions and requirements, to levy and collect the assessments provided for in this Article and to disburse said assessments to the District Management Association in accordance with the general procedures for other village disbursements.
D. 
The contract between the village and the District Management Association shall be subject to all the respective duties and obligations imposed upon the village and District Management Association by this Article and by Article 19-A of the General Municipal Law.
E. 
The District Management Association, with the approval of the Board of Trustees of the Village of Great Neck Plaza, may enter into a contract with business improvement districts located in other municipalities for the purpose of providing jointly coordinated services.

§ 93-11 Applicability of General Municipal Law.

To the extent not otherwise explicitly provided herein, the provisions set forth in Article 19-A of the General Municipal Law shall govern the operation of the BID and the District Management Association in the village.

§ 93-12 Amendments.

Any amendments to the BID or to the BID Plan shall be made in accordance with the provisions set forth in § 980-i of Article 19-A of the General Municipal Law.

§ 93-13 When effective.

This Article shall become effective upon compliance with the requirements set forth in §§ 980-g and 980-h of Article 19-A of the General Municipal Law and upon compliance with all other requirements of law.