(c) The governing body of a city, county, town or village may, by resolution, submit to the commissioner a request to revise the boundaries of an existing empire zone. The commissioner may, after consultation with the commissioner of labor, approve such revision subject to the following provisions:

1. (1) Any revision of the borders of an empire zone shall be based upon a determination by the commissioner that a change in circumstances has occurred since the establishment of the existing borders which makes revision of such borders necessary or desirable.
2. (2) The commissioner shall affirm that such revision would not have the effect of producing an empire zone which does not satisfy the criteria for empire zone designation established by or pursuant to section nine hundred fifty-eight of this article.
3. (3) The commissioner may grant approval of revision of the borders of an empire zone after prior public notice and a public hearing at least thirty days prior to the effective date of such revision, if such revision adds territory to an existing empire zone.
4. (4) The commissioner may grant approval of a revision of the borders of an empire zone after public notice of such proposed revision and a public hearing at least thirty days prior to the effective date of such revision, if such revision removes territory from an existing empire zone.
5. (5) The revision of the borders of an empire zone shall have no effect on the duration of the designation of such empire zone as provided by subdivision (a) of this section.
6. (6) It is the policy to allow each zone no more than one boundary amendment within a twelve month period. If, however, there is a change in circumstances involving extenuating factors within the year (such as the attraction/retention of a regionally significant project, which is consistent with the zone's development plan), the request will be considered. Any request to revise the boundaries of an existing empire zone that would add or remove acreage from a zone shall not be submitted until the provisions of this subdivision are satisfied and the designation of the distinct and separate contiguous areas are submitted as required by section nine hundred fifty-seven of this article, unless the zone administrative board demonstrates that prior to the effective date of the amendments to this subdivision made by a chapter of the laws of two thousand five it has been working in conjunction with a business for the purpose of submitting such boundary revision that would result in the creation of jobs within the zone. For purposes of section one hundred eighty-seven-j and articles nine-A, twenty-two, thirty-two, and thirty-three of the tax law, such business shall be deemed to have been certified prior to April first, two thousand five.
7. (7) The area subject to the boundary amendment is in an area where there is no viable alternative area that has existing public sewer or water infrastructure.