N.Y.
Public Authorities Law Section 1731
Community participation
1.
Prior to the commencing of new construction or building additions of an educational facility, or the acquisition of real property or any interest therein for such purpose, the authority shall file a copy of the site plan of such facility in its offices and shall provide a copy thereof to the city board, the city planning commission and the community school district education council and the community board of the district in which the facility will be located. The authority shall also provide a copy of such plan to the council member, senator and member of assembly representing the district in which the facility will be located. Such plan shall include data on projected student population for the community school district or districts and the community board or boards affected, the source of that data and the reason the proposed action is necessary and how such plan factors and accounts for student population projections. Upon request, any other person shall be furnished with such plan or a summary thereof. The authority shall publish in a newspaper of general circulation in the city a notice of the filing of such plan and the availability of the plan and a summary thereof. Such plan shall include, in the case of any project for which the acquisition of real property or interest therein is proposed, the recommended site, any alternate sites considered, and any rationale as to why the alternate sites were not selected.2.
Within thirty days after publication of the notice required under subdivision one of this section, a public hearing with sufficient public notice shall be held by each affected community school district education council on any or all aspects of the site plan and by each affected community board on aspects of the site plan which relate to the general public use of the educational facility and to its impact on the surrounding community, including but not limited to the responsiveness of the site plan to projected changes in student population in the affected community board or boards and how such plan factors and accounts for student population projections. The affected board may request the attendance of representatives of the authority or the city board at a hearing and the authority or the city board shall comply with such requests. If the proposed project affects two or more school districts or community boards, then a hearing may be held jointly by the affected community school district education council and/or the affected community boards. Any affected community school district education council, together with any affected community board, may at their mutual discretion, elect to conduct a hearing jointly.3.
Within forty-five days after publication of such notice, each affected community school district education council or community board shall prepare and submit to the authority, written comments on the site plan. Any other organization or person shall also have the opportunity to present written comments on the plan during this period. Each comment received by the authority on such plan at any time prior to action being taken by the authority on the plan shall be considered by the authority in connection with such action.4.
After due consideration of such comments, if any, the authority may affirm, modify or withdraw the plan.5.
Nothing herein shall preclude the authority from holding hearings on the site plan, provided, however, that any such hearings on the site plan shall be conducted within the period specified in subdivision three of this section.
Source:
Section 1731 — Community participation, https://www.nysenate.gov/legislation/laws/PBA/1731 (updated Jun. 30, 2023; accessed Oct. 26, 2024).
