§ 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 t
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