2023 New York Laws › VIL - Village › Article 7 - Building Zones › 7-703 - Incentive Zoning; Definitions, Purpose, Conditions, Procedures.

§   7-703   Incentive   zoning;   definitions,   purpose,  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 local law for a specific purpose authorized by  the  village
board of trustees.
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
village board of trustees.
c.  "Incentive  zoning"  shall  mean  the  system  by  which  specific
incentives or bonuses are granted to applicants 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 village board of trustees is hereby empowered,  as  part
of a zoning local law adopted pursuant to this article, to provide for a
system  of  zoning  incentives,  or  bonuses,  as  the  village board of
trustees 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  village's  specific
physical,  cultural and social policies in accordance with the village'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  comprehensive  plan  within  the
meaning of section 7-704 of this article.
3.  Implementation.  A  system  of zoning incentives or bonuses may be
provided subject to the conditions hereinafter set forth.
a. The village board of trustees  shall  provide  for  the  system  of
zoning  incentives  or  bonuses  pursuant to this section as part of the
zoning local law. In providing for such system the  board  shall  follow
the  procedure for adopting and amending its zoning local law, including
all provisions for notice and public hearing applicable for  changes  or
amendments to a zoning local law.
b.  Each zoning district in which incentives or bonuses may be awarded
under this section shall be designated in the village zoning  local  law
and  shall  be  incorporated  in any map adopted in connection with such
zoning local law or amendment thereto.
c. Each  zoning  district  in  which  incentives  or  bonuses  may  be
authorized shall have been found by the village board of trustees, 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  village  board  of  trustees   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
village board of trustees for any zoning district in which the  granting
of  incentives or bonuses may have significant effect on the environment
before any such district is designated,  and  such  statement  shall  be
supplemented from time to time by the village board of trustees if there

are  material  changes  in  circumstances that may result in significant
adverse impacts. Any zoning local law 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 village board of trustees shall  set  forth  the  procedure  by
which incentives may be provided to specific lands. Such procedure shall
describe:
(1) the incentives, or bonuses, which may be granted by the village to
the applicant;
(2) the community benefits or amenities which may be accepted from the
applicant by the village;
(3)  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 village;
(4)  the  procedure  for obtaining bonuses, including applications and
the review process, and the imposition of terms and conditions  attached
to any approval; and
(5) provision for a public hearing, if such public hearing is required
as  part  of  a  zoning  ordinance or local law 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 local law pursuant
to  this  section  to establish a system of zoning incentives or bonuses
the village board 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 village. Further, the village board of
trustees shall determine that there is approximate  equivalence  between
potential  affordable  housing lost or gained or that the village 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  village  board  of  trustees  determines  that  a  suitable
community  benefit  or amenity is not immediately feasible, or otherwise
not practical, the board may require, in lieu thereof, a payment to  the
village  of  a sum to be determined by the board. If cash is accepted in
lieu of other community benefit or amenity, provisions shall be made for
such sum to be deposited in a trust fund to be used by the village board
of trustees exclusively for specific community  benefits  authorized  by
the village board of trustees.
4.  Nothing  in  this  section  shall  be  construed to invalidate any
provision for incentives or bonuses heretofore adopted  by  any  village
board of trustees.