961. Application for empire zone designation. (a) A city, county (other than a county located wholly within a city), town or village may adopt a local law authorizing such municipal corporation to prepare and submit an application to the commissioner for designation of an area therein as an empire zone; and the adoption of such a local law by the municipal corporation within which the proposed empire zone is to be located shall be a prerequisite to the submission of an application for such designation. Such local law shall also designate the boundaries of such area, provided, however, that:
(i) a town shall not be authorized and empowered to apply for designation of an area as an empire zone which is located wholly or partly within a village unless such action is concurred in by the governing body of such village, and that a county shall not be authorized and empowered to apply for designation of an area as an empire zone unless such action is concurred in by the governing body of each city, town or village in which such zone is located; and
(ii) no application for designation of an area as an empire zone pursuant to this article 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.
(b) Each application shall:
(i) be prepared in a manner and form prescribed by regulations promulgated by the commissioner, and the chief executive of the applicant shall ensure that the information contained in such application, to the maximum extent possible, is accurate and complete;
(ii) include evidence of the adoption of an empire zone development plan by the local governing body of the area in which the empire zone is to be located;
(iii) identify the local empire zone certification officer and local empire zone administrative board;
(iv) include a map of the area comprising the proposed empire zone, showing existing streets, highways, waterways, natural boundaries and other physical features;
(v) include evidence that the applicant has, to the maximum extent feasible, solicited and considered the views of residents of the proposed empire zone and the local governmental and private organizations representing such residents; and
(vi) include a statement from the private industry council governing board of the service delivery area established under the job training partnership act (P.L. 97-300, 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 job training programs;
(vii) include 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.
(viii) specify goals and objectives, both short term and long term, for the economic revitalization of the proposed zone;
(ix) include 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 said area, and the methods by which performance in implementing said plans and strategies will be evaluated;
(x) identify 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;
(xi) identify publicly controlled and other developable lands and buildings within the proposed zone which are or could be made available for industrial and commercial development;
(xii) include 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;
(xiii) include demonstration that there is no viable alternative area available that has existing public sewer or water infrastructure other than the proposed empire zone.
Last modified: February 3, 2019