§ 20-F — Transfer of development rights; definitions; conditions; procedures

New York § 20-F

• Jurisdiction: New York
• Law GCT: General City
• Art. 2-A: Powers of Cities

Text

§ 20-f. Transfer of development rights; definitions; conditions;\nprocedures. 1. As used in this section:\n a. "Development rights" shall mean the rights permitted to a lot,\nparcel, or area of land under a zoning ordinance or local law respecting\npermissible use, area, density, bulk or height of improvements executed\nthereon. Development rights may be calculated and allocated in\naccordance with such factors as area, floor area, floor area ratios,\ndensity, height limitations, or any other criteria that will effectively\nquantify a value for the development right in a reasonable and uniform\nmanner that will carry out the objectives of this section.\n b. "Receiving district" shall mean one or more designated districts or\nareas of land to which development rights generated from one or more\nsending districts may be transferred and in which increased development\nis permitted to occur by reason of such transfer.\n c. "Sending district" shall mean one or more designated districts or\nareas of land in which development rights may be designated for use in\none or more receiving districts.\n d. "Transfer of development rights" shall mean the process by which\ndevelopment rights are transferred from one lot, parcel, or area of land\nin any sending district to another lot, parcel or area of land in one or\nmore receiving districts.\n 2. In addition to existing powers and authorities to regulate by\nplanning or zoning including authorization to provide for transfer of\ndevelopment rights pursuant to other enabling law, the legislative body\nof any city is hereby empowered to provide for transfer of development\nrights subject to the conditions hereinafter set forth and such other\nconditions as the city legislative body deems necessary and appropriate\nthat are consistent with the purposes of this section, except that in\ncities of over one million any transfer of development rights shall be\nprovided in the zoning ordinance after adoption by the city planning\ncommission and board of estimate. The purpose of providing for transfer\nof development rights shall be to protect the natural, scenic or\nagricultural qualities of open lands, to enhance sites and areas of\nspecial character or special historical, cultural, aesthetic or economic\ninterest or value, to protect lands at risk from sea level rise, storm\nsurge or flooding, and to enable and encourage flexibility of design and\ncareful management of land in recognition of land as a basic and\nvaluable natural resource. The conditions hereinabove referred to are as\nfollows:\n a. That transfer of development rights, and the sending and receiving\ndistricts, shall be established in accordance with a well-considered\nplan within the meaning of subdivision twenty-five of section twenty of\nthis article. The sending district from which transfer of development\nrights may be authorized shall consist of natural, scenic, recreational,\nagricultural or open land or sites of special historical, cultural,\naesthetic or economic values sought to be protected or lands at risk\nfrom sea level rise, storm surge or flooding. Every receiving district,\nto which transfer of development rights may be authorized, shall have\nbeen found by the legislative body of the city, after evaluating the\neffects of potential increased development which is possible under the\ntransfer of development rights provisions, to contain adequate\nresources, environmental quality and public facilities including\nadequate transportation, water supply, waste disposal and fire\nprotection, and that there will be no significant environmentally\ndamaging consequences and such increased development is compatible with\nthe development otherwise permitted by the city and by the federal,\nstate, and county agencies having jurisdiction to approve permissible\ndevelopment within the district. A generic environmental impact\nstatement pursuant to the provisions of article eight of the\nenvironmental conservation law shall be prepared by the city for the\nreceiving district before any such district, or any sending district, is\ndesignated, and such statement shall be amended from time to time by the\ncity if there are material changes in circumstances. Where a transfer of\ndevelopment rights affects districts in two or more school, special\nassessment or tax districts, it may not unreasonably transfer the tax\nburden between the taxpayers of such districts. The receiving and\nsending districts need not be coterminous with zoning districts.\n b. That sending and receiving districts be designated and mapped with\nspecificity and the procedure for transfer of development rights be\nspecified. Notwithstanding any other provision of law to the contrary,\nenvironmental quality review pursuant to article eight of the\nenvironmental conservation law for any action in a receiving district\nthat utilizes development rights shall only require information specific\nto the project and site where the action will occur and shall be limited\nto review of the environmental impacts of the action, if any, not\nadequately reviewed in the generic environmental impact statement.\n c. That the burden upon land within a sending district from which\ndevelopment rights have been transferred shall be documented by an\ninstrument duly executed by the grantor in the form of a conservation\neasement, as defined in title three of article forty-nine of the\nenvironmental conservation law, which burden upon such land shall be\nenforceable by the appropriate city in addition to any other person or\nentity granted enforcement rights by the terms of the instrument. All\nprovisions of law applicable to such conservation easements pursuant to\nsuch title shall apply with respect to conservation easements hereunder,\nexcept that the city may adopt standards pertaining to the duration of\nsuch easements that are more stringent than such standards promulgated\nby the department of environmental conservation pursuant to such title.\nUpon the designation of any sending district, the city shall adopt\nregulations establishing uniform minimum standards for instruments\ncreating such easements within the district. No such modification or\nextinguishment of an easement shall diminish or impair development\nrights within any receiving district. Any development right which has\nbeen transferred by a conservation easement shall be evidenced by a\ncertificate of development right which shall be issued by the city to\nthe transferee in a form suitable for recording in the registry of deeds\nfor the county where the receiving district is situated in the manner of\nother conveyances of interests in land affecting its title.\n d. That within one year after a development right is transferred, the\nassessed valuation placed on the affected properties for real property\ntax purposes shall be adjusted to reflect the transfer. A development\nright which is transferred shall be deemed to be an interest in real\nproperty and the rights evidenced thereby shall inure to the benefit of\nthe transferee, and his heirs, successors and assigns.\n e. That development rights shall be transferred reflecting the normal\nmarket in land, including sales between owners of property in sending\nand receiving districts, a city may establish a development rights bank\nor such other account in which development rights may be retained and\nsold in the best interest of the city. Cities shall be authorized to\naccept for deposit within the bank gifts, donations, bequests or other\ndevelopment rights. All receipts and proceeds from sales of development\nrights sold by the city shall be deposited in a special municipal\naccount to be applied against expenditures necessitated by the municipal\ndevelopment rights program.\n f. That prior to designation of sending or receiving districts, the\nlegislative body of the city shall evaluate the impact of transfer of\ndevelopment rights upon the potential development of low or moderate\nincome housing lost in sending districts and gained in receiving\ndistricts and shall find either there is approximate equivalence between\npotential low and moderate housing units lost in the sending district\nand gained in the receiving districts or that the city has or will take\nreasonable action to compensate for any negative impact upon the\navailability or potential development of low or moderate income housing\ncaused by the transfer of development rights.\n 3. A legislative body of a city modifying its zoning ordinance or\nenacting a local law pursuant to this section shall follow the procedure\nfor adopting and amending its zoning ordinance or local laws, as the\ncase may be, including all provisions for notice applicable for changes\nor amendments to a zoning ordinance, local law or regulation.\n 4. Nothing in this section shall be construed to invalidate any\nprovision for transfer of development rights heretofore or hereafter\nadopted by any local legislative body, or, in the case of cities over\none million, by the board of estimate.\n