2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 261-B - Incentive Zoning; Definitions, Purpose, Conditions, Procedures.

§   261-b.   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 ordinance or local law for a specific purpose authorized  by
the town board.
(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
town board.
(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  town  board  is hereby empowered, as part of a zoning
ordinance or local law adopted pursuant to this article, or by local law
or ordinance adopted pursuant to other enabling law, to  provide  for  a
system  of  zoning  incentives,  or  bonuses,  as  the  town board 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 town's specific physical, cultural
and social policies in accordance with the town'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  two
hundred sixty-three of this article.
3.  Implementation.  A  system  of zoning incentives or bonuses may be
provided subject to the conditions hereinafter set forth.
(a) The town board shall provide for the system of  zoning  incentives
or  bonuses  pursuant to this section as part of the zoning ordinance or
local law. In providing for such  system  the  board  shall  follow  the
procedure  for  adopting and amending its zoning ordinance or local law,
including all provisions for notice and public  hearing  applicable  for
changes or amendments to a zoning ordinance or local law.
(b) Each zoning district in which incentives or bonuses may be awarded
under  this  section shall be designated in the town zoning ordinance or
local law and shall be incorporated in any  map  adopted  in  connection
with such zoning ordinance or local law or amendment thereto.
(c)  Each  zoning  district  in  which  incentives  or  bonuses may be
authorized shall have been found by the town board, 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 town board 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  town
board  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  town  board  if  there  are  material  changes  in
circumstances that may result in significant adverse impacts. Any zoning
ordinance  or  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  town board 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  town  to
the applicant;
(ii)  the  community  benefits or amenities which may be accepted from
the applicant by the town;
(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 town;
(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 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 ordinance or
local law pursuant to this section  to  establish  a  system  of  zoning
incentives  or  bonuses  the town 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 town.
Further, the town  board  shall  determine  that  there  is  approximate
equivalence  between potential affordable housing lost or gained or that
the town 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 town board 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 town of a sum to be
determined by the board. 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 town board exclusively for specific
community benefits authorized by the town board.
4. Invalidations. Nothing  in  this  section  shall  be  construed  to
invalidate any provision for incentives or bonuses heretofore adopted by
any town board.