Bill Text: NY S08493 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to identifying lands at risk from sea level rise or flooding as eligible sending districts.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-06-20 - RECOMMITTED TO RULES [S08493 Detail]
Download: New_York-2017-S08493-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8493--A IN SENATE May 9, 2018 ___________ Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general city law, the town law and the village law, in relation to identifying lands at risk from sea level rise or flood- ing as eligible sending districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 2 of section 20-f of 2 the general city law, as added by chapter 40 of the laws of 1989, is 3 amended to read as follows: 4 In addition to existing powers and authorities to regulate by planning 5 or zoning including authorization to provide for transfer of development 6 rights pursuant to other enabling law, the legislative body of any city 7 is hereby empowered to provide for transfer of development rights 8 subject to the conditions hereinafter set forth and such other condi- 9 tions as the city legislative body deems necessary and appropriate that 10 are consistent with the purposes of this section, except that in cities 11 of over one million any transfer of development rights shall be provided 12 in the zoning ordinance after adoption by the city planning commission 13 and board of estimate. The purpose of providing for transfer of develop- 14 ment rights shall be to protect the natural, scenic or agricultural 15 qualities of open lands, to enhance sites and areas of special character 16 or special historical, cultural, aesthetic or economic interest or 17 value, to protect lands at risk from sea level rise, storm surge or 18 flooding, and to enable and encourage flexibility of design and careful 19 management of land in recognition of land as a basic and valuable 20 natural resource. The conditions hereinabove referred to are as follows: 21 § 2. Paragraph a of subdivision 2 of section 20-f of the general city 22 law, as added by chapter 40 of the laws of 1989, is amended to read as 23 follows: 24 a. That transfer of development rights, and the sending and receiving 25 districts, shall be established in accordance with a well-considered EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14444-05-8S. 8493--A 2 1 plan within the meaning of subdivision twenty-five of section twenty of 2 this article. The sending district from which transfer of development 3 rights may be authorized shall consist of natural, scenic, recreational, 4 agricultural or open land or sites of special historical, cultural, 5 aesthetic or economic values sought to be protected or lands at risk 6 from sea level rise, storm surge or flooding. Every receiving district, 7 to which transfer of development rights may be authorized, shall have 8 been found by the legislative body of the city, after evaluating the 9 effects of potential increased development which is possible under the 10 transfer of development rights provisions, to contain adequate 11 resources, environmental quality and public facilities including 12 adequate transportation, water supply, waste disposal and fire 13 protection, and that there will be no significant environmentally damag- 14 ing consequences and such increased development is compatible with the 15 development otherwise permitted by the city and by the federal, state, 16 and county agencies having jurisdiction to approve permissible develop- 17 ment within the district. A generic environmental impact statement 18 pursuant to the provisions of article eight of the environmental conser- 19 vation law shall be prepared by the city for the receiving district 20 before any such district, or any sending district, is designated, and 21 such statement shall be amended from time to time by the city if there 22 are material changes in circumstances. Where a transfer of development 23 rights affects districts in two or more school, special assessment or 24 tax districts, it may not unreasonably transfer the tax burden between 25 the taxpayers of such districts. The receiving and sending districts 26 need not be coterminous with zoning districts. 27 § 3. The opening paragraph of subdivision 2 of section 261-a of the 28 town law, as added by chapter 40 of the laws of 1989, is amended to read 29 as follows: 30 In addition to existing powers and authorities to regulate by planning 31 or zoning, including authorization to provide for transfer of develop- 32 ment rights pursuant to other enabling law, a town board is hereby 33 empowered to provide for transfer of development rights subject to the 34 conditions hereinafter set forth and such other conditions as the town 35 board deems necessary and appropriate that are consistent with the 36 purposes of this section. The purpose of providing for transfer of 37 development rights shall be to protect the natural, scenic or agricul- 38 tural qualities of open lands, to enhance sites and areas of special 39 character or special historical, cultural, aesthetic or economic inter- 40 est or value, to protect lands at risk from sea level rise, storm surge 41 or flooding and to enable and encourage flexibility of design and care- 42 ful management of land in recognition of land as a basic and valuable 43 natural resource. The conditions hereinabove referred to are as follows: 44 § 4. Paragraph a of subdivision 2 of section 261-a of the town law, as 45 added by chapter 40 of the laws of 1989, is amended to read as follows: 46 a. That transfer of development rights, and the sending and receiving 47 districts, shall be established in accordance with a comprehensive plan 48 within the meaning of section two hundred sixty-three of this article. 49 The sending district from which transfer of development rights may be 50 authorized shall consist of natural, scenic, recreational, agricultural, 51 forest, or open land or sites of special historical, cultural, aesthetic 52 or economic values sought to be protected or lands at risk from sea 53 level rise, storm surge or flooding. Every receiving district to which 54 transfer of development rights may be authorized, shall have been found 55 by the town board, after evaluating the effects of potential increased 56 development which is possible under the transfer of development rightsS. 8493--A 3 1 provisions, to contain adequate resources, environmental quality and 2 public facilities, including adequate transportation, water supply, 3 waste disposal and fire protection, and that there will be no signif- 4 icant environmentally damaging consequences and such increased develop- 5 ment is compatible with the development otherwise permitted by the town 6 and by the federal, state, and county agencies having jurisdiction to 7 approve permissible development within the district. A generic environ- 8 mental impact statement pursuant to the provisions of article eight of 9 the environmental conservation law shall be prepared by the town board 10 for the receiving district before any such district, or any sending 11 district, is designated, and such statement shall be amended from time 12 to time by the town board if there are material changes in circum- 13 stances. Where a transfer of development rights affects districts in two 14 or more school, special assessment or tax districts, it may not unrea- 15 sonably transfer the tax burden between the taxpayers of such districts. 16 The receiving and sending districts need not be coterminous with zoning 17 districts. 18 § 5. The opening paragraph of subdivision 2 of section 7-701 of the 19 village law, as added by chapter 40 of the laws of 1989, is amended to 20 read as follows: 21 In addition to existing powers and authorities to regulate by planning 22 or zoning, including authorization to provide for transfer of develop- 23 ment rights pursuant to other enabling law, a board of trustees is here- 24 by empowered to provide for transfer of development rights subject to 25 the conditions hereinafter set forth and such other conditions as a 26 village board of trustees deems necessary and appropriate that are 27 consistent with the purposes of this section. The purpose of providing 28 for transfer of development rights shall be to protect the natural, 29 scenic or agricultural qualities of open lands, to enhance sites and 30 areas of special character or special historical, cultural, aesthetic or 31 economic interest or value, to protect lands at risk from sea level 32 rise, storm surge or flooding, and to enable and encourage flexibility 33 of design and careful management of land in recognition of land as a 34 basic and valuable natural resource. The conditions hereinabove referred 35 to are as follows: 36 § 6. Paragraph a of subdivision 2 of section 7-701 of the village law, 37 as added by chapter 40 of the laws of 1989, is amended to read as 38 follows: 39 a. That the transfer of development rights, and the sending and 40 receiving districts, shall be established in accordance with a compre- 41 hensive master plan within the meaning of section 7-722 of this article. 42 The sending district from which transfer of development rights may be 43 authorized shall consist of natural, scenic, recreational, agricultural 44 or open land or sites of special historical, cultural, aesthetic or 45 economic values sought to be protected or lands at risk from sea level 46 rise, storm surge or flooding. Every receiving district, to which trans- 47 fer of development rights may be authorized shall have been found by the 48 board of trustees, after evaluating the effects of potential increased 49 development which is possible under the transfer of development rights 50 provisions to contain adequate resources, environmental quality and 51 public facilities, including adequate transportation, water supply, 52 waste disposal and fire protection, and that there will be no signif- 53 icant environmentally damaging consequences and such increased develop- 54 ment is compatible with the development otherwise permitted by the 55 village and by the federal, state, and county agencies having jurisdic- 56 tion to approve permissible development within the district. A genericS. 8493--A 4 1 environmental impact statement pursuant to the provisions of article 2 eight of the environmental conservation law shall be prepared by the 3 village for the receiving district before any such district, or any 4 sending district, is designated, and such statement shall be amended 5 from time to time by the village, if there are material changes in 6 circumstances. Where a transfer of development rights affects districts 7 in two or more school, special assessment or tax districts, it may not 8 unreasonably transfer the tax burden between the taxpayers of such 9 districts. The receiving and sending districts need not be coterminous 10 with zoning districts. 11 § 7. This act shall take effect immediately.