2023 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.