Sec. 10.5. Nearby or contiguous lands

(a) Lands nearby or contiguous to areas described in section 10.4(b) and (h) of this Part may be eligible to be included within an empire zone if, upon the request of the applicant for such designation, the commissioner finds that such additional lands have significant potential for business development and job creation which will enhance economic revitalization of the zone and benefit zone residents. This request shall be included in the original application for designation of an area as an empire zone; for an existing zone or in a request for a boundary revision.

(b) Factors to be considered by the commissioner in determining whether such additional lands have significant potential for business development and job creation are:

(1) existing infrastructure, such as water, sewers and roadways;

(2) lands and/or buildings immediately available for development;

(3) access to public transportation;

(4) labor force available in the immediate area;

(5) nearby training facilities; and

(6) existing business base capable of expansion.

(c) Notwithstanding subdivision (b) of this section, lands nearby may only be included if applicant demonstrates that:

(1) such lands and/or buildings are vacant, abandoned, or otherwise available for commercial or industrial purposes, except when it can be demonstrated that inclusion in the zone of certain occupied buildings will result in a significant business investment and/or increase in employment;

(2) other available lands do not have the potential for timely development at a reasonable cost;

(3) these lands are necessary to meet the 25 percent minimum for developable lands within a zone; and

(4) that new jobs likely to be created are accessible to residents of the zone.