[HISTORY: Adopted by the Suffolk County Legislature 4-29-2003 by L.L. No.
14-2003 (Ch. 43 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
A.Â
This Legislature finds and determines that the existence within this
state of certain areas characterized by persistent and pervasive poverty,
high unemployment, limited job creation, dependence on public assistance
income, dilapidated and abandoned industrial and commercial facilities,
and a shrinking tax base, the State Legislature has enacted a law
known as the "New York State Empire Zones Act." The purpose of this
Act is to allow government to target for these areas extraordinary
economic and human resource development programs in order to stimulate
private investment, private business development and job creation.
Under the Act, special incentives and assistance are available that
will promote the development of new businesses, the expansion of existing
businesses and the development of human resources within areas that
are designated by the New York State Commissioner of Economic Development
as an "Economic Development Zone," known now as an "Empire Zone."[1]
B.Â
This Legislature further finds and determines that in 1996, in response
to military base closures and realignments and the loss of jobs at
defense contractor facilities around the state, the Governor and the
State Legislature amended Article 18-B of the New York General Municipal
Law to allow for the designation of a new round of economic development
zones. Specifically, § 960(v) was amended to allow for the
designation of not more than 12 zones, "each of which shall contain
a defense or military base or facility which has been designated for
closure or realignment or a site currently or formerly owned or operated
by either (1) the United States military or (2) a defense contractor
whose employment in New York State was adversely affected by a reduction
in military spending."[2]
C.Â
This Legislature further finds and determines that pursuant to Resolution
No. 803-1997, this Legislature authorized an application for an Empire
Zone, relative to certain land within Suffolk County located at the
former Naval Weapons Industrial Reserve Plant in Calverton. The Empire
State Development Corporation has recently notified Suffolk County
that the original zone and Zone Administration Board designated by
the Town of Riverhead were designated incorrectly and that, as a County-designated
zone, said zone and the Zone Administration Board must be designated
by Suffolk County as the applicant, and that current funding is being
delayed due to this inconsistency. It is the intent of this chapter
to duly establish the zone and the Zone Administration Board according
to the Empire State Development Corporation's requirements to
ensure continued state funding of 50% towards administration of the
Suffolk County Empire Zone.
D.Â
The purpose of this chapter is to ratify the designation of an Empire
Zone in the County of Suffolk, to establish the Zone Administrative
Board and to designate the Zone Certification Officer.
The Empire Zone created pursuant to Resolution No. 803-1997
and the tax exemptions granted therein are hereby ratified and confirmed
to be in full force and effect. The boundary of the Empire Zone, as
described in this chapter, shall be the boundary designated in and
by Resolution No. 803-1997. The exemptions provided for by New York
Real Property Tax Law § 485-e which were granted by Resolution
No. 803-1997 are deemed incorporated herein and made applicable to
the Empire Zone described in this chapter as of the effective date
of Resolution No. 803-1997. The exemption from the taxes and special
ad valorem levies by the County of Suffolk shall be granted for the
period and to the extent provided for in § 485-e of the
New York Real Property Tax Law. The exemption shall be for a term
of 10 years, notwithstanding that the designation of the zone may
expire prior to the end of such ten-year term.
[Amended 6-27-2006 by L.L. No. 38-2006]
A.Â
Pursuant to § 963(a) of the General Municipal Law, the
Riverhead Town Attorney, or designee, shall serve as the Empire Zone
Certification Officer and shall perform the following duty: certify,
jointly with the New York State Commissioner of Economic Development
and the New York State Commissioner of Labor, those businesses that
are eligible to receive benefits referred to in § 966 of
the New York General Municipal Law, and any other applicable statutes.
A.Â
Pursuant to Article 18-B of the New York General Municipal Law, an
Empire Zone Administrative Board ("Zone Board") is hereby established
and shall consist of the following members:
[Amended 4-29-2003 by L.L. No. 15-2003; 12-15-2009 by L.L. No.
40-2009]
(1)Â
County Executive or his designee, who shall serve as Chair;
(2)Â
Educational institution representative;
(3)Â
Local utility representative;
(4)Â
Local business representative;
(5)Â
Organized labor representative;
(6)Â
Community organization representative;
(7)Â
Financial institution representative;
(8)Â
Zone resident of the Town of Riverhead;
(9)Â
Supervisor of the Town of Riverhead, or his designee, who shall serve
as Vice Chair;
(10)Â
Director of the Riverhead Community Development Agency;
(11)Â
Enterprise Park at Calverton (EPCAL) representative;
(12)Â
Resident of the Town of Southampton, appointed by the Town of Southampton
Supervisor subject to the approval of the Suffolk County Legislature;
(13)Â
Resident of the Town of Babylon, appointed by the Town of Babylon
Supervisor subject to the approval of the Suffolk County Legislature;
(14)Â
Resident of the Town of Huntington, appointed by the Town of Huntington
Supervisor subject to the approval of the Suffolk County Legislature;
(15)Â
Resident of the Town of Riverhead, appointed by the Town of Riverhead.
B.Â
All members of the Zone Board shall serve without compensation and
shall serve at the pleasure of their respective appointing authorities.
The Empire Zone Certification Officer shall not serve as a member
of the Zone Board. The Zone Board shall perform all duties required
of it pursuant to § 963 of the New York General Municipal
Law. The Zone Board shall hold regular meetings and determine the
rules of its own proceedings.
C.Â
Appointments to the Zone Administrative Board shall be made in accordance
with the provisions of the memorandum of understanding between the
County of Suffolk, Town of Riverhead, Town of Southampton, Town of
Babylon, and the Town of Huntington attached hereto and made a part
hereof.
[Amended 12-15-2009 by L.L. No. 40-2009]
D.Â
The Zone Board shall be constituted and hold its first meeting within
60 days of the effective date of this chapter.
E.Â
Pursuant to Article 18-B of the New York General Municipal Law, the
Zone Board as presently constituted is hereby continued. The Zone
Board, pursuant to § 963(a) of the New York General Municipal
Law, as amended, shall continue to approve, for certification by the
Zone Certification Officer, the New York State Commissioner of Economic
Development, and the New York State Commissioner of Labor, the applications
of those businesses eligible for certification to receive the benefits
referred to in § 966 of the New York General Municipal Law,
and shall perform all other duties required of it pursuant to § 963(b)
of the General Municipal Law.
[Added 6-27-2006 by L.L. No. 38-2006]
The County Executive, or designee, is hereby authorized to execute
the memorandum of understanding in substantially the form attached
hereto between the County of Suffolk, Town of Riverhead, Town of Southampton,
Town of Babylon and the New York State Department of Economic Development,
and to execute such documents as are necessary and desirable to effectuate
the purposes of this chapter.
This chapter shall apply to all actions and taxable status dates
occurring on or after the effective date except as otherwise set forth
in this chapter.
