§ 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
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.