N.Y. Comp. Codes R. & Regs. tit. 9 § 1800.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1800.3 - Definitions

As used in these rules and regulations, the following shall mean:

(a) Act. The New York State Urban Renewal Agency Act, article 15-A of the General Municipal Law, including any amendments thereto.

(b) Agency. The officer, board, commission, department, or other agency of the municipality designated by the governing body, or as otherwise provided by law, to carry out the functions vested in the agency under this article or delegated to the agency by the governing body in order to carry out the purpose and provisions of the Law. The term agency shall include a Municipal Urban Renewal Agency established pursuant to the Act.

(c) Bonds. Any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to the Act.

(d) Chief fiscal officer. As to:

(1) A municipality--the officer designated in the Local Finance Law, section 2.00(5).

(2) A Municipal Urban Renewal Agency--the officer designated in its bylaws as responsible for its financial affairs.

(e) Commission. The planning commission or other analogous body or, if there be none, the board of estimate or other governing body of the municipality.

(f) Commissioner. The Commissioner of Housing and Community Renewal of the State of New York.

(g) Comprehensive community plan. The term "comprehensive community plan" shall mean and be interchangeable with "master plan" or "general plan".

(h) Designation. A selection of an area approved by resolution or ordinance of the governing body or the commission, when authorized to do so, for an urban renewal program.

(i) Displacee. An individual, family, business concern or non-profit organization displaced from residential or commercial property by reason of urban renewal activities undertaken in an urban renewal area.

(1) Commercial displacee shall mean a business concern which is either a corporation, partnership, individual, or other private entity, including a non-profit organization, engaged in some type of business, professional, or institutional activity necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institution.

(2) Residential displacee shall mean:

(i) family, or

(ii) individual.

(j) Disposition documents. Disposition agreements, deeds, leases, declaration of restrictions, easements and such other documentation as may be necessary or required, with respect to any particular transaction to effectuate transfer of the property being sold or otherwise disposed of.

(k) Due notice. A notice published in at least one newspaper of general circulation in the locality at least once prior to the date of hearing. The publication shall be not less than 10 days prior to hearing exclusive of date of hearing. If there is no newspaper of general circulation in the locality the notice shall be posted in at least three public places in the locality for not less than 10 days prior to date of hearing.

(l) Family. Two or more persons related by blood, marriage or adoption living together in a single dwelling unit.

(m) Governing body.

(1) In a city, the board of aldermen, common council, commission or other body vested by its charter or other law with jurisdiction to enact ordinances or local laws, except that in a city having a population of one million or more if there be a board of estimate the term "governing body" shall, as to such city, mean only such board of estimate;

(2) In a town, the town board;

(3) In a village, the board of trustees.

(n) HUD. The Department of Housing and Urban Development of the United States of America.

(o) Individual. A person who is not a member of a family.

(p) Law. The New York State Urban Renewal Law, article 15 of the General Municipal Law, including any amendments thereto.

(q) Memorandum of disposition at public auction or by sealed bids. A statement of the result of the sale giving the date, time of day, name of the highest bidder and amount of highest bid as signed by the highest bidder.

(r) Municipality. A city, town or village.

(s) Municipal Urban Renewal Agency. An urban renewal agency created pursuant to the Act.

(t) Net cost. Such costs of an urban renewal program upon which the determination of the amount of State financial assistance is predicated.

(u) Non-federally assisted project. A project undertaken by a municipality or a Municipal Urban Renewal Agency with State financial assistance but without federal financial assistance pursuant to chapter 651 of the Laws of 1967, as amended.

(v) Private college, private university, private voluntary hospital. The term "private college" or "private university" means any non-profit educational institution of higher learning licensed by the State of New York, no part of the net earnings of which inures to the benefit of any private shareholder or individual. Furthermore, it must provide an educational program for which it awards a baccalaureate degree, or provides for not less than a two-year program which is acceptable for full credit toward such a degree, or is a graduate or professional school, and is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three accredited institutions for credit on the same basis as if transferred from an institution so accredited.

The term "private voluntary hospital" means any non-profit hospital licensed by the State of New York, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

A private redevelopment corporation or a municipal or other public corporation, acting on behalf of such educational institution or hospital may be an eligible donor, provided, such eligible private redevelopment corporation is either:

(1) A non-profit organization which is wholly owned or controlled by one or more eligible educational institutions or hospitals or which has been constituted as an instrumentality of such institutions or hospitals; or

(2) An organization which operates on behalf of an eligible educational institution or hospital on a non-profit basis found acceptable by the commissioner.

(w) Program.

(1) May mean or include and be interchangeable with the term "project", or

(2) aided activities.

(x) Project. Undertakings and activities by a municipality or agency in an urban renewal area for

(1) acquisition of property and improvements;

(2) demolition and removal;

(3) installation of supporting facilities and site improvements;

(4) disposition of property for uses in accordance with an approved urban renewal plan;

(5) carrying out plans for rehabilitation and conservation or other improvements;

(6) acquisition and repair or rehabilitation and resale of structures for demonstration and guidance purposes.

(y) Property. Real property, lands or any right, interest or easement and improvements thereon or appurtenant thereto.

(z) Public hearing. A meeting, after due notice, of all persons or organizations desiring to attend, at which all are afforded an opportunity to be heard.

(aa) Sponsor. Any person, firm, corporation or other entity that seeks to acquire, from a municipality or agency, land in an urban renewal area for redevelopment.

(bb) State financial assistance. State funds, to assist a municipality or Municipal Urban Renewal Agency to establish and carry out one or more programs which may be assisted pursuant to the Act or Law, in the form of

(1) Loans. Not in excess of one half the local grants-in-aid which a municipality makes to a project.

(2) Subsidies. No greater than the sum due for principal and interest on a loan to a municipality for an urban renewal program.

(3) Capital grants. Not in excess of one half the net cost to the municipality or agency of such program.

(cc) Substandard or insanitary area. The term "substandard or insanitary area" shall mean and be interchangeable with a slum, blighted, deteriorated or deteriorating area, whether residential, nonresidential, commercial, industrial, or vacant, or any combination thereof and may include land, buildings or improvements not in themselves substandard or insanitary, the inclusion of which is deemed necessary for the effective undertaking of one or more programs.

(dd) Urban renewal. A program established, conducted and planned by a municipality for the redevelopment, through clearance, replanning, reconstruction, rehabilitation, and concentrated code enforcement, or a combination of these and other methods, of substandard and insanitary areas of such municipalities, and for recreational and other facilities incidental or appurtenant thereto, pursuant to and in accordance with article XVIII of the Constitution and Law and Act, including those programs authorized by and to effectuate the purposes of Title I of the Housing Act of 1949 and section 314 of Title III of the Housing Act of 1954 and all federal laws amendatory and supplementary thereto. The terms "clearance, replanning, reconstruction and rehabilitation" shall include renewal, redevelopment, conservation, restoration or improvements or any combination thereof as well as the testing and reporting of methods and techniques for the arrest, prevention and elimination of slums and blight.

(ee) Urban renewal area. An area designated by the governing body or by the commission, where so authorized to act by the governing body, as appropriate for urban renewal, except that in municipalities having a population of one million or more, such designation shall be made only after a public hearing held by the governing body or the commission, as the case may be.

(ff) Urban renewal plan. A plan for a project, which shall conform to the comprehensive community plan for the development of the municipality as a whole and which shall be consistent with local objectives. Such plan shall include but shall not be limited to: a statement of proposed land uses; proposed land acquisition, demolition and removal of structures; proposed methods or techniques of urban renewal; proposed public, semi-public, private or community facilities or utilities; a statement as to proposed new codes and ordinances and amendments to existing codes and ordinances as are required or necessary to effectuate the plan; a proposed time schedule for the effectuation of such plan, and such additional statements or documentation as may be appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1800.3