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This entry was published on 2023-06-30
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SECTION 1731
Community participation
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 6
§ 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.