NY Gen City L § 81-D (2021)
2021 New York Laws GCT - General City Article 5-A - Buildings and Use Districts 81-D - Incentive Zoning; Definitions, Purposes, Conditions, Procedures.

§ 81-d. Incentive    zoning;    definitions,   purposes,   conditions, procedures.  1. Definitions. As used in this section:  (a) "Incentives or bonuses" shall mean adjustments to the  permissible population  density,  area, height, open space, use, or other provisions of a zoning ordinance, local law, or regulation for a  specific  purpose authorized by the legislative body of a city.  (b)  "Community  benefits or amenities" shall mean open space, housing for persons of low or moderate income, parks, elder care, day  care,  or other  specific physical, social, or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by  the legislative body of a city.  (c)  "Incentive  zoning"  shall  mean  the  system  by  which specific incentives  or  bonuses  are  granted,  pursuant  to  this  section,  on condition  that  specific  physical,  social,  or  cultural  benefits or amenities would inure to the community.   2.  Authority  and  purposes.  In  addition  to  existing  powers  and authorities  to  regulate by planning or zoning, including authorization to provide for the granting of incentives, or bonuses pursuant to  other enabling  law, a legislative body of a city is hereby empowered, as part of a zoning ordinance, local law or regulation, to provide for a  system of  zoning  incentives,  or  bonuses,  as  the  legislative  body  deems necessary and appropriate, consistent with the purposes  and  conditions set  forth  in  this  section. The purpose of the system of incentive or bonus zoning shall be to advance the city's specific physical,  cultural and social policies in accordance with the city's comprehensive plan and in  coordination  with  other  community planning mechanisms or land use techniques. The system of zoning  incentives  or  bonuses  shall  be  in accordance with a locally-adopted comprehensive plan.   3.  Implementation.  A  system  of zoning incentives or bonuses may be provided subject to  the  conditions  hereinafter  set  forth.  (a)  The legislative  body  of  a  city  shall  provide  for the system of zoning incentives or bonuses pursuant to this section as  part  of  the  zoning ordinance,  local law, or regulations. In providing for such system, the legislative body shall follow the procedure for  adopting  and  amending its   zoning   ordinance,  local  law,  or  regulations,  including  all provisions for notice and  public  hearing  applicable  for  changes  or amendments to such ordinances, laws, or regulations.  (b) Each zoning district in which incentives or bonuses may be awarded under  this  section  shall  be designated in the city zoning ordinance, local law or regulations, or amendment thereto.  (c) Each zoning  district  in  which  incentives  or  bonuses  may  be authorized  shall  have  been  found  by the legislative body of a city, after evaluating the effects  of  any  potential  incentives  which  are possible  by  virtue of the provision of community amenities, to contain adequate  resources,  environmental  quality  and   public   facilities, including adequate transportation, water supply, waste disposal and fire protection.   Further,   the  legislative  body  of  a  city  shall,  in designating such districts, determine that there will be no  significant environmentally  damaging  consequences  and  that  such  incentives  or bonuses are compatible with the development otherwise permitted.  (d) A generic environmental impact statement pursuant to article eight of the environmental conservation law and  regulations  adopted  by  the department  of  environmental  conservation  shall  be  prepared  by the legislative body of a city for any zoning district in which the granting of incentives or bonuses have a significant effect  on  the  environment before  any  such  district  is  designated, and such statement shall be supplemented from time to time by the legislative  body  of  a  city  if there   are  material  changes  in  circumstances  that  may  result  in  significant  adverse  impacts.  Any  zoning  ordinance,  local  law,  or regulation  enacted  pursuant  to  this  section  shall provide that any applicant for incentives or bonuses shall pay a proportionate  share  of the cost of preparing such environmental impact statement, and that such charge  shall  be added to any site-specific charge made pursuant to the provisions of section 8-0109 of the environmental conservation law.  (e) The legislative body of a city shall set forth  the  procedure  by which incentives may be provided to specific lands. Such procedure shall describe:  (i)  the  incentives,  or bonuses, which may be granted by the city to the applicant;  (ii) the community benefits or amenities which may  be  accepted  from the applicant by the city;  (iii)   criteria   for   approval,   including  methods  required  for determining the adequacy of community amenities to be accepted from  the applicant  in  exchange  for  the  particular  bonus  or incentive to be granted to the applicant by the city;  (iv) the procedure for obtaining bonuses, including  applications  and the  review process, and the imposition of terms and conditions attached to any approval; and  (v) provision for a public hearing, if such public hearing is required as part of a zoning ordinance, local law, or regulation adopted pursuant to this section, and give public notice thereof by  the  publication  in the  official  newspaper of such hearing at least five days prior to the date thereof.  (f) All other requirements  of  article  eight  of  the  environmental conservation  law shall be complied with by project sponsors for actions in areas for which a generic environmental  impact  statement  has  been prepared,  including preparation of an environmental assessment form and a supplemental environmental impact statement, if necessary.  (g) Prior to the adoption or amendment of the zoning ordinance,  local law,  or  regulation,  pursuant to this section to establish a system of zoning incentives or bonuses, the  legislative  body  of  a  city  shall evaluate the impact of the provision of such system of zoning incentives or  bonuses  upon the potential development of affordable housing gained by the provision of any such incentive or bonus afforded to an applicant or lost in the provision by an applicant of any community amenity to the city. Further, the legislative body of a city shall determine that there is approximate equivalence between potential affordable housing lost  or gained or that the city has or will take reasonable action to compensate for  any  negative impact upon the availability or potential development of affordable housing caused by the provisions of this section.  (h) If the legislative body of  a  city  determines  that  a  suitable community  benefit  or amenity is not immediately feasible, or otherwise not practical, the legislative body may  require,  in  lieu  thereof,  a payment to the city of a sum determined by the legislative body. If cash is  accepted  in  lieu  of other community benefit or amenity, provision shall be made for such sum to be deposited in a trust fund to be used by the legislative body of the  city  exclusively  for  specific  community benefits authorized by such legislative body.   4.  Invalidations.  Nothing  in  this  section  shall  be construed to invalidate any provision for incentives or bonuses heretofore adopted by any city legislative body.