NY Vill L § 7-701 (2021)
2021 New York Laws VIL - Village Article 7 - Building Zones 7-701 - Transfer of Development Rights; Definitions; Conditions; Procedures.

§  7-701  Transfer  of  development  rights;  definitions; conditions;   procedures. 1. As used in this section:a. "Development rights" shall mean the  rights  permitted  to  a  lot,   parcel,  or  area of land under a zoning law respecting permissible use,   area,  density,  bulk  or  height  of  improvements  executed   thereon.   Development  rights  may  be calculated and allocated in accordance with   such factors as area, floor area, floor  area  ratios,  density,  height   limitations,  or  any  other  criteria  that will effectively quantify a   value for the development right in a reasonable and uniform manner  that   will carry out the objectives of this section.b. "Receiving district" shall mean one or more designated districts or   areas  of  land  to  which development rights generated from one or more   sending districts may be transferred and in which increased  development   is permitted to occur by reason of such transfer.c.  "Sending  district" shall mean one or more designated districts or   areas of land in which development rights are designated for use in  one   or more receiving districts.d.  "Transfer  of  development rights" shall mean the process by which   development rights are transferred from one lot, parcel, or area of land   in any sending district to another lot, parcel, or area of land  in  one   or more receiving districts.2.  In  addition  to  existing  powers  and authorities to regulate by   planning or zoning, including authorization to provide for  transfer  of   development  rights  pursuant to other enabling law, a board of trustees   is hereby empowered  to  provide  for  transfer  of  development  rights   subject   to  the  conditions  hereinafter  set  forth  and  such  other   conditions  as  a  village  board  of  trustees  deems   necessary   and   appropriate  that  are consistent with the purposes of this section. The   purpose of providing for transfer of  development  rights  shall  be  to   protect  the natural, scenic or agricultural qualities of open lands, to   enhance sites and areas of  special  character  or  special  historical,   cultural,  aesthetic  or economic interest or value, to protect lands at   risk from sea level rise, storm surge or flooding,  and  to  enable  and   encourage  flexibility  of  design  and  careful  management  of land in   recognition of land as  a  basic  and  valuable  natural  resource.  The   conditions hereinabove referred to are as follows:a.  That  the  transfer  of  development  rights,  and the sending and   receiving  districts,  shall  be  established  in  accordance   with   a   comprehensive  master  plan  within the meaning of section 7-722 of this   article. The sending district from which transfer of development  rights   may  be  authorized  shall  consist  of  natural,  scenic, recreational,   agricultural or open land or  sites  of  special  historical,  cultural,   aesthetic  or  economic  values  sought to be protected or lands at risk   from sea level rise, storm surge or flooding. Every receiving  district,   to  which  transfer  of  development rights may be authorized shall have   been found by the board of trustees, after  evaluating  the  effects  of   potential  increased development which is possible under the transfer of   development   rights   provisions   to   contain   adequate   resources,   environmental   quality   and   public  facilities,  including  adequate   transportation, water supply, waste disposal and  fire  protection,  and   that  there will be no significant environmentally damaging consequences   and such  increased  development  is  compatible  with  the  development   otherwise permitted by the village and by the federal, state, and county   agencies  having  jurisdiction to approve permissible development within   the district. A generic environmental impact statement pursuant  to  the   provisions  of article eight of the environmental conservation law shall   be prepared by the village for the receiving district  before  any  such   district,  or  any  sending  district, is designated, and such statement    shall be amended from time to time by the village, if there are material   changes in circumstances. Where a transfer of development rights affects   districts in two or more school, special assessment or tax districts, it   may  not  unreasonably  transfer the tax burden between the taxpayers of   such  districts.  The  receiving  and  sending  districts  need  not  be   coterminous with zoning districts.b.  That sending and receiving districts be designated and mapped with   specificity and the procedure for  transfer  of  development  rights  be   specified.  Notwithstanding  any other provision of law to the contrary,   environmental  quality  review  pursuant  to  article   eight   of   the   environmental  conservation  law  for any action in a receiving district   that utilizes development rights shall only require information specific   to the project and site where the action will occur and shall be limited   to review of the environmental  impacts  of  the  action,  if  any,  not   adequately reviewed in the generic environmental impact statement.c.  That  the  burden  upon  land within a sending district from which   development rights have been  transferred  shall  be  documented  by  an   instrument  duly  executed  by the grantor in the form of a conservation   easement, as defined  in  title  three  of  article  forty-nine  of  the   environmental  conservation  law,  which  burden upon such land shall be   enforceable by the appropriate village in addition to any  other  person   or entity granted enforcement rights by the terms of the instrument. All   provisions  of law applicable to such conservation easements pursuant to   such title shall apply with respect to conservation easements hereunder,   except that the board of trustees may adopt standards pertaining to  the   duration  of  such easements that are more stringent than such standards   promulgated by the department of environmental conservation pursuant  to   such  title.  Upon the designation of any sending district, the board of   trustees shall adopt regulations establishing uniform minimum  standards   for  instruments  creating  such  easements  within  the  district.  Any   development right which has been transferred  by  conservation  easement   shall  be evidenced by a certificate of development right which shall be   issued by the village to the transferee in a form suitable for recording   in the registry of deeds for the county where the receiving district  is   situated  in  the  manner  of  other  conveyances  of  interests in land   affecting its title.d. That within one year after a development right is transferred,  the   assessed  valuation  placed on the affected properties for real property   tax purposes shall be adjusted to reflect the  transfer.  A  development   right  which  is  transferred  shall be deemed to be an interest in real   property and the rights evidenced thereby shall inure to the benefit  of   the transferee, and his heirs, successors and assigns.e.  That development rights shall be transferred reflecting the normal   market in land, incuding sales between owners of property in sending and   receiving districts, a village may establish a development  rights  bank   or  such  other  account in which development rights may be retained and   sold in the best interest of the village. Villages shall  be  authorized   to  accept  for  deposit  within  the bank gifts, donations, bequests or   other development rights.  All  receipts  and  proceeds  from  sales  of   development  rights  sold by the village shall be deposited in a special   municipal account to be applied against expenditures necessitated by the   municipal development rights program.f. That prior to designation of sending  or  receiving  disticts,  the   legislative body of the village shall evaluate the impact of transfer of   development  rights  upon  the  potential development of low or moderate   income housing  lost  in  sending  districts  and  gained  in  receiving   districts and shall find either there is approximate equivalence between   potential  low  and  moderate housing units lost in the sending district    and gained in the receiving districts or that the village  has  or  will   take  reasonable  action  to compensate for any negative impact upon the   availability or potential development of low or moderate income  housing   caused by the transfer of development rights.3.  The board of trustees adopting or amending procedures for transfer   of  development  rights  pursuant  to  this  section  shall  follow  the   procedure for adopting and amending a local law including all provisions   for notice applicable for changes or amendments to a zoning ordinance or   local law.4.  Nothing  in  this  section  shall  be  construed to invalidate any   provision for transfer of development  rights  heretofore  or  hereafter   adopted by any local legislative body.