N.Y. VIL Law § 7-703 — New York Code / Act VIL / Article 7 / Section 7-703
Incentive zoning; definitions, purpose, conditions, procedures
Status: in_force

§ 7-703 Incentive zoning; definitions, purpose, conditions,\nprocedures.  1. Definitions. As used in this section:\n  a. "Incentives or bonuses" shall mean adjustments to the permissible\npopulation density, area, height, open space, use, or other provisions\nof a zoning local law for a specific purpose authorized by the village\nboard of trustees.\n  b. "Community benefits or amenities" shall mean open space, housing\nfor persons of low or moderate income, parks, elder care, day care or\nother specific physical, social or cultural amenities, or cash in lieu\nthereof, of benefit to the residents of the community authorized by the\nvillage board of trustees.\n  c. "Incentive zoning" shall mean the system by which specific\nincentives or bonuses are granted to applicants pursuant to this section\non condition that specific physical, social, or cultural benefits or\namenities would inure to the community.\n  2. Authority and purposes. In addition to existing powers and\nauthorities to regulate by planning or zoning, including authorization\nto provide for the granting of incentives, or bonuses pursuant to other\nenabling law, a village board of trustees is hereby empowered, as part\nof a zoning local law adopted pursuant to this article, to provide for a\nsystem of zoning incentives, or bonuses, as the village board of\ntrustees deems necessary and appropriate consistent with the purposes\nand conditions set forth in this section. The purpose of the system of\nincentive, or bonus, zoning shall be to advance the village's specific\nphysical, cultural and social policies in accordance with the village's\ncomprehensive plan and in coordination with other community planning\nmechanisms or land use techniques. The system of zoning incentives or\nbonuses shall be in accordance with a comprehensive plan within the\nmeaning of section 7-704 of this article.\n  3. Implementation. A system of zoning incentives or bonuses may be\nprovided subject to the conditions hereinafter set forth.\n  a. The village board of trustees shall provide for the system of\nzoning incentives or bonuses pursuant to this section as part of the\nzoning local law. In providing for such system the board shall follow\nthe procedure for adopting and amending its zoning local law, including\nall provisions for notice and public hearing applicable for changes or\namendments to a zoning local law.\n  b. Each zoning district in which incentives or bonuses may be awarded\nunder this section shall be designated in the village zoning local law\nand shall be incorporated in any map adopted in connection with such\nzoning local law or amendment thereto.\n  c. Each zoning district in which incentives or bonuses may be\nauthorized shall have been found by the village board of trustees, after\nevaluating the effects of any potential incentives which are possible by\nvirtue of the provision of community amenities, to contain adequate\nresources, environmental quality and public facilities, including\nadequate transportation, water supply, waste disposal and fire\nprotection.  Further, the village board of trustees shall, in\ndesignating such districts, determine that there will be no significant\nenvironmentally damaging consequences and that such incentives or\nbonuses are compatible with the development otherwise permitted.\n  d. A generic environmental impact statement pursuant to article eight\nof the environmental conservation law and regulations adopted by the\ndepartment of environmental conservation shall be prepared by the\nvillage board of trustees for any zoning district in which the granting\nof incentives or bonuses may have significant effect on the environment\nbefore any such district is designated, and such statement shall be\nsupplemented from time to time by the village board of trustees if there\nare material changes in circumstances that may result in significant\nadverse impacts. Any zoning local law enacted pursuant to this section\nshall provide that any applicant for incentives or bonuses shall pay a\nproportionate share of the cost of preparing such environmental impact\nstatement, and that such charge shall be added to any site-specific\ncharge made pursuant to the provisions of section 8-0109 of the\nenvironmental conservation law.\n  e. The village board of trustees shall set forth the procedure by\nwhich incentives may be provided to specific lands. Such procedure shall\ndescribe:\n  (1) the incentives, or bonuses, which may be granted by the village to\nthe applicant;\n  (2) the community benefits or amenities which may be accepted from the\napplicant by the village;\n  (3) criteria for approval, including methods required for determining\nthe adequacy of community amenities to be accepted from the applicant in\nexchange for the particular bonus or incentive to be granted to the\napplicant by the village;\n  (4) the procedure for obtaining bonuses, including applications and\nthe review process, and the imposition of terms and conditions attached\nto any approval; and\n  (5) provision for a public hearing, if such public hearing is required\nas part of a zoning ordinance or local law adopted pursuant to this\nsection and give public notice thereof by the publication in the\nofficial newspaper of such hearing at least five days prior to the date\nthereof.\n  f. All other requirements of article eight of the environmental\nconservation law shall be complied with by project sponsors for actions\nin areas for which a generic environmental impact statement has been\nprepared including preparation of an environmental assessment form and a\nsupplemental environmental impact statement, if necessary.\n  g. Prior to the adoption or amendment of the zoning local law pursuant\nto this section to establish a system of zoning incentives or bonuses\nthe village board shall evaluate the impact of the provision of such\nsystem of zoning incentives or bonuses upon the potential development of\naffordable housing gained by the provision of any such incentive or\nbonus afforded to an applicant or lost in the provision by an applicant\nof any community amenity to the village. Further, the village board of\ntrustees shall determine that there is approximate equivalence between\npotential affordable housing lost or gained or that the village has or\nwill take reasonable action to compensate for any negative impact upon\nthe availability or potential development of affordable housing caused\nby the provisions of this section.\n  h. If the village board of trustees determines that a suitable\ncommunity benefit or amenity is not immediately feasible, or otherwise\nnot practical, the board may require, in lieu thereof, a payment to the\nvillage of a sum to be determined by the board. If cash is accepted in\nlieu of other community benefit or amenity, provisions shall be made for\nsuch sum to be deposited in a trust fund to be used by the village board\nof trustees exclusively for specific community benefits authorized by\nthe village board of trustees.\n  4. Nothing in this section shall be construed to invalidate any\nprovision for incentives or bonuses heretofore adopted by any village\nboard of trustees.\n