§ 261-B — Incentive zoning; definitions, purpose, conditions, procedures

§ 261-b. Incentive zoning; definitions, purpose, 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 or local law for a specific purpose authorized by\nthe town board.\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\ntown board.\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 town board is hereby empowered, as part of a zoning\nordinance or local law adopted pursuant to this article, or by local law\nor ordinance adopted pursuant to other enabling law, to provide for a\nsystem of zoning incentives, or bonuses, as the town board 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 town's specific physical, cultural\nand social policies in accordance with the town'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 comprehensive plan within the meaning of section two\nhundred sixty-three of this article.\n 3. Implementation. A system of zoning incentives or bonuses may be\nprovided subject to the conditions hereinafter set forth.\n (a) The town board shall provide for the system of zoning incentives\nor bonuses pursuant to this section as part of the zoning ordinance or\nlocal law. In providing for such system the board shall follow the\nprocedure for adopting and amending its zoning ordinance or local law,\nincluding all provisions for notice and public hearing applicable for\nchanges or amendments to a zoning ordinance or local law.\n (b) Each zoning district in which incentives or bonuses may be awarded\nunder this section shall be designated in the town zoning ordinance or\nlocal law and shall be incorporated in any map adopted in connection\nwith such zoning ordinance or local law or amendment thereto.\n (c) Each zoning district in which incentives or bonuses may be\nauthorized shall have been found by the town board, after evaluating the\neffects of any potential incentives which are possible by virtue of the\nprovision of community amenities, to contain adequate resources,\nenvironmental quality and public facilities, including adequate\ntransportation, water supply, waste disposal and fire protection.\nFurther, the town board shall, in designating such districts, determine\nthat there will be no significant environmentally damaging consequences\nand that such incentives or bonuses are compatible with the development\notherwise 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 town\nboard for any zoning district in which the granting of incentives or\nbonuses have a significant effect on the environment before any such\ndistrict is designated, and such statement shall be supplemented from\ntime to time by the town board if there are material changes in\ncircumstances that may result in significant adverse impacts. Any zoning\nordinance or local law enacted pursuant to this section shall provide\nthat any applicant for incentives or bonuses shall pay a proportionate\nshare of the cost of preparing such environmental impact statement, and\nthat such charge shall be added to any site-specific charge made\npursuant to the provisions of section 8-0109 of the environmental\nconservation law.\n (e) The town board shall set forth the procedure by which incentives\nmay be provided to specific lands. Such procedure shall describe:\n (i) the incentives, or bonuses, which may be granted by the town to\nthe applicant;\n (ii) the community benefits or amenities which may be accepted from\nthe applicant by the town;\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 town;\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 or local law adopted pursuant to this\nsection and give public notice thereof by the publication in the\nofficial newspaper of such hearing at least five days prior to the date\nthereof.\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 a\nsupplemental environmental impact statement, if necessary.\n (g) Prior to the adoption or amendment of the zoning ordinance or\nlocal law pursuant to this section to establish a system of zoning\nincentives or bonuses the town board shall evaluate the impact of the\nprovision of such system of zoning incentives or bonuses upon the\npotential development of affordable housing gained by the provision of\nany such incentive or bonus afforded to an applicant or lost in the\nprovision by an applicant of any community amenity to the town.\nFurther, the town board shall determine that there is approximate\nequivalence between potential affordable housing lost or gained or that\nthe town has or will take reasonable action to compensate for any\nnegative impact upon the availability or potential development of\naffordable housing caused by the provisions of this section.\n (h) If the town board determines that a suitable community benefit or\namenity is not immediately feasible, or otherwise not practical, the\nboard may require, in lieu thereof, a payment to the town of a sum to be\ndetermined by the board. If cash is accepted in lieu of other community\nbenefit or amenity, provision shall be made for such sum to be deposited\nin a trust fund to be used by the town board exclusively for specific\ncommunity benefits authorized by the town board.\n 4. Invalidations. Nothing in this section shall be construed to\ninvalidate any provision for incentives or bonuses heretofore adopted by\nany town board.\n