N.Y. Comp. Codes R. & Regs. tit. 5 § 10.8

Current through Register Vol. 46, No. 39, September 25, 2024

Section 10.8 - Applications

No application for designation of an area as an empire zone shall be accepted unless the applicant demonstrates that it has, to the maximum extent feasible, solicited and considered the views of residents of the proposed zone, the views of State and local officials elected to represent such residents, and the local private organizations representing such residents. The chief executive officer shall ensure that the information contained in the application, to the maximum extent possible, is accurate and complete. The application shall be signed and submitted by the chief executive officer of the county, city, town or village making the application, or by such chief executive officer's designee, by the date determined by the commissioner for each round, and shall include, but not be limited to, the following:

(a) a copy of a local law authorizing the city, county (other than a county located wholly within a city), town or village to prepare and submit an application to the commissioner for designation of an area therein as an empire zone. Such local law shall also designate the boundaries of such area, the title of the official who shall serve as the local empire zone administrator and the generic composition of the local empire zone administrative board, whose chairman shall be an officer or employee of the applicant;

(b) a description of the physical characteristics of the proposed empire zone area, infrastructure, existing business base, housing conditions, training, education and human resource needs, characteristics of the labor force and occupational trends in the area, and economic problems faced by businesses and residents within the proposed zone;

(c) a copy of the zone development plan. The zone development plan shall be resubmitted by the local zone administrative board as economic conditions change within the zone, or when other factors trigger a need for a change in the zone development plan as determined by the local zone administrative board; provided however, changes in a zone development plan must be approved by the commissioner;

(d) a copy of the local law or resolution adopting such empire zone development plan by the local governing body of the area in which the economic development zone is to be located, with such local law or resolution identifying the composition of the local empire zone administrative board;

(e) any maps, as indicated on the application form, of the area comprising the proposed empire zone, showing existing streets, highways, waterways, natural boundaries and other physical features;

(f) a statement from the workforce investment board, established by the Workforce Investment Act of 1998 ( P.L. 105-220, 29 U.S.C. 2801, et seq., as amended) that encompasses the proposed empire zone, setting forth the assistance to be provided and the resources to be allocated for the training of residents in the area and the operation of a workforce development and job training program;

(g) a statement from the industrial development authority serving the municipality in which the zone is located, and from any other development finance entity supported by public money, setting forth the assistance to be provided and the resources to be allocated to business development activities in the zone;

(h) the statement and any local law or resolution specified in section 10.3 of this Part;

(i) a statement of the goals and objectives, both short-term and long-term, for the economic revitalization of the proposed zone;

(j) a description of plans and strategies for providing and improving human resource development services to residents of the area comprising the proposed zone and to employees of businesses within such area, and the methods by which performance in implementing such plans and strategies will be evaluated;

(k) identification of financial commitments the applicant will make to the zone for activities, including but not limited to, marketing of the zone for business development, human resource services for zone residents and businesses, and services for small and minority and women-owned businesses;

(l) identification of publicly controlled and other developable lands and buildings within the proposed zone which are or could be made available for industrial and commercial development;

(m) a statement from the applicant and local economic development entities, including but not limited to the local development corporation, local development councils, authorities, agencies, and all other such entities concerned with the economic development of the municipality, ensuring the complete integration and cooperation of resources and services for the purposes of providing essential support for the zone administrator in order for the zone to realize such goals; and

(n) a statement demonstrating that there is no viable alternative area available that has existing public sewer or water infrastructure other than the proposed empire zone.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 10.8