§ 81-D — Incentive zoning; definitions, purposes, conditions, procedures

§ 81-d. Incentive zoning; definitions, purposes, conditions,\nprocedures. 1. Definitions. As used in this section:\n (a) "Incentives or bonuses" shall mean adjustments to the permissible\npopulation density, area, height, open space, use, or other provisions\nof a zoning ordinance, local law, or regulation for a specific purpose\nauthorized by the legislative body of a city.\n (b) "Community benefits or amenities" shall mean open space, housing\nfor persons of low or moderate income, parks, elder care, day care, or\nother specific physical, social, or cultural amenities, or cash in lieu\nthereof, of benefit to the residents of the community authorized by the\nlegislative body of a city.\n (c) "Incentive zoning" shall mean the system by which specific\nincentives or bonuses are granted, pursuant to this section, on\ncondition that specific physical, social, or cultural benefits or\namenities would inure to the community.\n 2. Authority and purposes. In addition to existing powers and\nauthorities to regulate by planning or zoning, including authorization\nto provide for the granting of incentives, or bonuses pursuant to other\nenabling law, a legislative body of a city is hereby empowered, as part\nof a zoning ordinance, local law or regulation, to provide for a system\nof zoning incentives, or bonuses, as the legislative body deems\nnecessary and appropriate, consistent with the purposes and conditions\nset forth in this section. The purpose of the system of incentive or\nbonus zoning shall be to advance the city's specific physical, cultural\nand social policies in accordance with the city's comprehensive plan and\nin coordination with other community planning mechanisms or land use\ntechniques. The system of zoning incentives or bonuses shall be in\naccordance with a locally-adopted comprehensive plan.\n 3. Implementation. A system of zoning incentives or bonuses may be\nprovided subject to the conditions hereinafter set forth. (a) The\nlegislative body of a city shall provide for the system of zoning\nincentives or bonuses pursuant to this section as part of the zoning\nordinance, local law, or regulations. In providing for such system, the\nlegislative body shall follow the procedure for adopting and amending\nits zoning ordinance, local law, or regulations, including all\nprovisions for notice and public hearing applicable for changes or\namendments to such ordinances, laws, or regulations.\n (b) Each zoning district in which incentives or bonuses may be awarded\nunder this section shall be designated in the city zoning ordinance,\nlocal law or regulations, or amendment thereto.\n (c) Each zoning district in which incentives or bonuses may be\nauthorized shall have been found by the legislative body of a city,\nafter evaluating the effects of any potential incentives which are\npossible by virtue of the provision of community amenities, to contain\nadequate resources, environmental quality and public facilities,\nincluding adequate transportation, water supply, waste disposal and fire\nprotection. Further, the legislative body of a city shall, in\ndesignating such districts, determine that there will be no significant\nenvironmentally damaging consequences and that such incentives or\nbonuses are compatible with the development otherwise permitted.\n (d) A generic environmental impact statement pursuant to article eight\nof the environmental conservation law and regulations adopted by the\ndepartment of environmental conservation shall be prepared by the\nlegislative body of a city for any zoning district in which the granting\nof incentives or bonuses have a significant effect on the environment\nbefore any such district is designated, and such statement shall be\nsupplemented from time to time by the legislative body of a city if\nthere are material changes in circumstances that may result in\nsignificant adverse impacts. Any zoning ordinance, local law, or\nregulation enacted pursuant to this section shall provide that any\napplicant for incentives or bonuses shall pay a proportionate share of\nthe cost of preparing such environmental impact statement, and that such\ncharge shall be added to any site-specific charge made pursuant to the\nprovisions of section 8-0109 of the environmental conservation law.\n (e) The legislative body of a city shall set forth the procedure by\nwhich incentives may be provided to specific lands. Such procedure shall\ndescribe:\n (i) the incentives, or bonuses, which may be granted by the city to\nthe applicant;\n (ii) the community benefits or amenities which may be accepted from\nthe applicant by the city;\n (iii) criteria for approval, including methods required for\ndetermining the adequacy of community amenities to be accepted from the\napplicant in exchange for the particular bonus or incentive to be\ngranted to the applicant by the city;\n (iv) the procedure for obtaining bonuses, including applications and\nthe review process, and the imposition of terms and conditions attached\nto any approval; and\n (v) provision for a public hearing, if such public hearing is required\nas part of a zoning ordinance, local law, or regulation adopted pursuant\nto this section, and give public notice thereof by the publication in\nthe official newspaper of such hearing at least five days prior to the\ndate thereof.\n (f) All other requirements of article eight of the environmental\nconservation law shall be complied with by project sponsors for actions\nin areas for which a generic environmental impact statement has been\nprepared, including preparation of an environmental assessment form and\na supplemental environmental impact statement, if necessary.\n (g) Prior to the adoption or amendment of the zoning ordinance, local\nlaw, or regulation, pursuant to this section to establish a system of\nzoning incentives or bonuses, the legislative body of a city shall\nevaluate the impact of the provision of such system of zoning incentives\nor bonuses upon the potential development of affordable housing gained\nby the provision of any such incentive or bonus afforded to an applicant\nor lost in the provision by an applicant of any community amenity to the\ncity. Further, the legislative body of a city shall determine that there\nis approximate equivalence between potential affordable housing lost or\ngained or that the city has or will take reasonable action to compensate\nfor any negative impact upon the availability or potential development\nof affordable housing caused by the provisions of this section.\n (h) If the legislative body of a city determines that a suitable\ncommunity benefit or amenity is not immediately feasible, or otherwise\nnot practical, the legislative body may require, in lieu thereof, a\npayment to the city of a sum determined by the legislative body. If cash\nis accepted in lieu of other community benefit or amenity, provision\nshall be made for such sum to be deposited in a trust fund to be used by\nthe legislative body of the city exclusively for specific community\nbenefits authorized by such legislative body.\n 4. Invalidations. Nothing in this section shall be construed to\ninvalidate any provision for incentives or bonuses heretofore adopted by\nany city legislative body.\n