NY Gen City L § 20-F (2021)
2021 New York Laws GCT - General City Article 2-A - Powers of Cities 20-F - Transfer of Development Rights; Definitions; Conditions; Procedures.

§ 20-f. 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 ordinance or local 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 may be 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, the legislative  body   of  any  city is hereby empowered to provide for transfer of development   rights subject to the conditions hereinafter set forth  and  such  other   conditions  as the city legislative body deems necessary and appropriate   that are consistent with the purposes of this section,  except  that  in   cities  of  over one million any transfer of development rights shall be   provided in the zoning ordinance after adoption  by  the  city  planning   commission  and board of estimate. 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 transfer of development rights, and the sending and  receiving   districts,  shall  be  established  in accordance with a well-considered   plan within the meaning of subdivision twenty-five of section twenty  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 legislative body of the  city,  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 city 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 city 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   city 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 city 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 city 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 city shall adopt   regulations  establishing  uniform  minimum  standards  for  instruments   creating  such  easements  within  the district. No such modification or   extinguishment of an  easement  shall  diminish  or  impair  development   rights  within  any  receiving district. Any development right which has   been transferred by a conservation easement  shall  be  evidenced  by  a   certificate  of  development  right which shall be issued by the city 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, including sales between owners of  property  in  sending   and  receiving districts, a city 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 city. Cities 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 city  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 districts, the   legislative body of the city 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 city 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.  A  legislative  body  of  a city modifying its zoning ordinance or   enacting a local law pursuant to this section shall follow the procedure   for adopting and amending its zoning ordinance or  local  laws,  as  the   case  may be, including all provisions for notice applicable for changes   or amendments to a zoning ordinance, local law or regulation.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, or, in the case  of  cities  over   one million, by the board of estimate.