502 - Definitions.

NY Gen Mun L § 502 (2019) (N/A)
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§ 502. Definitions. As used in this article and article fifteen-A of this chapter, the following terms shall mean:

1. "Governing body." (a) 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 the term "governing body" shall, as to such city, mean the council or mayor, as appropriate, who shall act pursuant to this article in accordance with the powers vested in them by the charter of such city, or by other law; (b) in a town, the town board; (c) in a village, the board of trustees.

2. "Municipality." A city, town or village.

3. "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 eighteen of the constitution and this article, including those programs authorized by and to effectuate the purposes of title one of the housing act of nineteen hundred forty-nine and section three hundred fourteen of title three of the housing act of nineteen hundred fifty-four, whether such programs and contracts pursuant thereto were in process on or before June sixteenth, nineteen hundred sixty-eight and all federal laws amendatory and supplementary thereto. The terms "clearance, replanning, reconstruction and rehabilitation" shall include renewal, redevelopment, conservation, restoration or improvement or any combination thereof as well as relocation activities and the testing and reporting of methods and techniques for the arrest, prevention and elimination of slums and blight; the term "program" may mean or include and be interchangeable with the term "project."

4. "Substandard or insanitary area." The term "substandard or insanitary area" shall mean and be interchangeable with a slum, blighted, deteriorated or deteriorating area, or an area which has a blighting influence on the surrounding area, whether residential, non-residential, commercial, industrial, vacant, or land in highways, railway and subway tracks, bridge and tunnel approaches and entrances, or other similar facilities, over which air rights and easements or other rights of user necessary for the use and development of such air rights, to be developed as air rights sites for the elimination of the blighting influence, or any combination thereof and may include land, buildings or improvements, or air rights and concomitant easements or other rights of user necessary for the use and development of such air rights, not in themselves substandard or insanitary, the inclusion of which is deemed necessary for the effective undertaking of one or more urban renewal programs.

5. "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 this article. The term "agency" shall include a corporate governmental agency established pursuant to article fifteen-A of this chapter.

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

7. "Urban renewal plan." A plan for an urban renewal 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 urban renewal plan shall include but shall not be limited to: a statement of proposed land uses; proposed land acquisition, demolition and removal of structures; proposed acquisition of air rights and concomitant easements or other rights of user necessary for the use and development of such air rights; 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; proposed program of code enforcement; a proposed time schedule for the effectuation of such plan, and such additional statements or documentation as the agency may deem appropriate.

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

9. "Urban renewal area." An area designated by the governing body, or by the commission where so authorized to act by the governing body, pursuant to section five hundred four of this article 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.

10. "State capital grant." A capital grant or subsidy paid to a municipality or an agency established pursuant to the provisions of article fifteen-A of this chapter with monies appropriated therefor from the general fund of the state and not to be applied to the payment of principal and interest on any state loan made or contracted to be made pursuant to this article.

11. "Commissioner." The commissioner of housing and community renewal of the state of New York.