§ 261-a. 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 are designated for use in one\nor 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\nor more 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, a town board is\nhereby empowered to provide for transfer of development rights subject\nto the conditions hereinafter set forth and such other conditions as the\ntown board deems necessary and appropriate that are consistent with the\npurposes of this section. The purpose of providing for transfer of\ndevelopment 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 comprehensive plan\nwithin the meaning of section two hundred sixty-three of this article.\nThe sending district from which transfer of development rights may be\nauthorized shall consist of natural, scenic, recreational, agricultural,\nforest, or open land or sites of special historical, cultural, aesthetic\nor economic values sought to be protected or lands at risk from sea\nlevel rise, storm surge or flooding. Every receiving district to which\ntransfer of development rights may be authorized, shall have been found\nby the town board, after evaluating the effects of potential increased\ndevelopment which is possible under the transfer of development rights\nprovisions, to contain adequate resources, environmental quality and\npublic facilities, including adequate transportation, water supply,\nwaste disposal and fire protection, and that there will be no\nsignificant environmentally damaging consequences and such increased\ndevelopment is compatible with the development otherwise permitted by\nthe town and by the federal, state, and county agencies having\njurisdiction to approve permissible development within the district. A\ngeneric environmental impact statement pursuant to the provisions of\narticle eight of the environmental conservation law shall be prepared by\nthe town board for the receiving district before any such district, or\nany sending district, is designated, and such statement shall be amended\nfrom time to time by the town board if there are material changes in\ncircumstances. W
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