N.Y. Village Law § 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.