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A05505 Summary:

A05505 Actions:

A05505 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Thiele      
DATE:02/28/2019AYE/NAY:15/0  Action: Favorable         
Thiele
Aye
Schmitt
Aye
Gantt
Excused
Friend
Aye
Ramos
Excused
Stec
Aye
Buchwald
Aye
Brabenec
Aye
Otis
Aye
Tague
Excused
Woerner
Aye
Wallace
Aye
McDonald
Aye
D'Urso
Excused
Jacobson
Aye
Raynor
Aye
Burke
Aye
Romeo
Aye
McMahon
Aye

A05505 Floor Votes:

A05505 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3712                                                  A. 5505
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    February 13, 2019
                                       ___________
 
        IN  SENATE  --  Introduced by Sens. LAVALLE, SEPULVEDA -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Cities
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Local Governments

        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03307-01-9
        S. 3712                             2                            A. 5505
 
     1    §  2. Paragraph a of subdivision 2 of section 20-f of the general city
     2  law, as added by chapter 40 of the laws of 1989, is amended to  read  as
     3  follows:
     4    a.  That transfer of development rights, and the sending and receiving
     5  districts, shall be established in  accordance  with  a  well-considered
     6  plan  within the meaning of subdivision twenty-five of section twenty of
     7  this article.  The sending district from which transfer  of  development
     8  rights may be authorized shall consist of natural, scenic, recreational,
     9  agricultural  or  open  land  or  sites of special historical, cultural,
    10  aesthetic or economic values sought to be protected  or  lands  at  risk
    11  from  sea level rise, storm surge or flooding. Every receiving district,
    12  to which transfer of development rights may be  authorized,  shall  have
    13  been  found  by  the  legislative body of the city, after evaluating the
    14  effects of potential increased development which is possible  under  the
    15  transfer   of   development   rights  provisions,  to  contain  adequate
    16  resources,  environmental  quality  and  public   facilities   including
    17  adequate   transportation,   water   supply,  waste  disposal  and  fire
    18  protection, and that there will be no significant environmentally damag-
    19  ing consequences and such increased development is compatible  with  the
    20  development  otherwise  permitted by the city and by the federal, state,
    21  and county agencies having jurisdiction to approve permissible  develop-
    22  ment  within  the  district.  A  generic  environmental impact statement
    23  pursuant to the provisions of article eight of the environmental conser-
    24  vation law shall be prepared by the  city  for  the  receiving  district
    25  before  any  such  district, or any sending district, is designated, and
    26  such statement shall be amended from time to time by the city  if  there
    27  are  material changes in circumstances.  Where a transfer of development
    28  rights affects districts in two or more school,  special  assessment  or
    29  tax  districts,  it may not unreasonably transfer the tax burden between
    30  the taxpayers of such districts. The  receiving  and  sending  districts
    31  need not be coterminous with zoning districts.
    32    §  3.  The  opening paragraph of subdivision 2 of section 261-a of the
    33  town law, as added by chapter 40 of the laws of 1989, is amended to read
    34  as follows:
    35    In addition to existing powers and authorities to regulate by planning
    36  or zoning, including authorization to provide for transfer  of  develop-
    37  ment  rights  pursuant  to  other  enabling  law, a town board is hereby
    38  empowered to provide for transfer of development rights subject  to  the
    39  conditions  hereinafter  set forth and such other conditions as the town
    40  board deems necessary and  appropriate  that  are  consistent  with  the
    41  purposes  of  this  section.  The  purpose  of providing for transfer of
    42  development rights shall be to protect the natural, scenic  or  agricul-
    43  tural  qualities  of  open  lands, to enhance sites and areas of special
    44  character or special historical, cultural, aesthetic or economic  inter-
    45  est  or value, to protect lands at risk from sea level rise, storm surge
    46  or flooding and to enable and encourage flexibility of design and  care-
    47  ful  management  of  land in recognition of land as a basic and valuable
    48  natural resource. The conditions hereinabove referred to are as follows:
    49    § 4. Paragraph a of subdivision 2 of section 261-a of the town law, as
    50  added by chapter 40 of the laws of 1989, is amended to read as follows:
    51    a. That transfer of development rights, and the sending and  receiving
    52  districts,  shall be established in accordance with a comprehensive plan
    53  within the meaning of section two hundred sixty-three of  this  article.
    54  The  sending  district  from which transfer of development rights may be
    55  authorized shall consist of natural, scenic, recreational, agricultural,
    56  forest, or open land or sites of special historical, cultural, aesthetic
        S. 3712                             3                            A. 5505
 
     1  or economic values sought to be protected or  lands  at  risk  from  sea
     2  level  rise,  storm surge or flooding. Every receiving district to which
     3  transfer of development rights may be authorized, shall have been  found
     4  by  the  town board, after evaluating the effects of potential increased
     5  development which is possible under the transfer of  development  rights
     6  provisions,  to  contain  adequate  resources, environmental quality and
     7  public facilities,  including  adequate  transportation,  water  supply,
     8  waste  disposal  and  fire protection, and that there will be no signif-
     9  icant environmentally damaging consequences and such increased  develop-
    10  ment  is compatible with the development otherwise permitted by the town
    11  and by the federal, state, and county agencies  having  jurisdiction  to
    12  approve  permissible development within the district. A generic environ-
    13  mental impact statement pursuant to the provisions of article  eight  of
    14  the  environmental  conservation law shall be prepared by the town board
    15  for the receiving district before any  such  district,  or  any  sending
    16  district,  is  designated, and such statement shall be amended from time
    17  to time by the town board if  there  are  material  changes  in  circum-
    18  stances. Where a transfer of development rights affects districts in two
    19  or  more  school, special assessment or tax districts, it may not unrea-
    20  sonably transfer the tax burden between the taxpayers of such districts.
    21  The receiving and sending districts need not be coterminous with  zoning
    22  districts.
    23    §  5.  The  opening paragraph of subdivision 2 of section 7-701 of the
    24  village law, as added by chapter 40 of the laws of 1989, is  amended  to
    25  read as follows:
    26    In addition to existing powers and authorities to regulate by planning
    27  or  zoning,  including authorization to provide for transfer of develop-
    28  ment rights pursuant to other enabling law, a board of trustees is here-
    29  by empowered to provide for transfer of development  rights  subject  to
    30  the  conditions  hereinafter  set  forth  and such other conditions as a
    31  village board of trustees  deems  necessary  and  appropriate  that  are
    32  consistent  with  the purposes of this section. The purpose of providing
    33  for transfer of development rights shall  be  to  protect  the  natural,
    34  scenic  or  agricultural  qualities  of open lands, to enhance sites and
    35  areas of special character or special historical, cultural, aesthetic or
    36  economic interest or value, to protect lands  at  risk  from  sea  level
    37  rise,  storm  surge or flooding, and to enable and encourage flexibility
    38  of design and careful management of land in recognition  of  land  as  a
    39  basic and valuable natural resource. The conditions hereinabove referred
    40  to are as follows:
    41    § 6. Paragraph a of subdivision 2 of section 7-701 of the village law,
    42  as  added  by  chapter  40  of  the  laws of 1989, is amended to read as
    43  follows:
    44    a. That the transfer  of  development  rights,  and  the  sending  and
    45  receiving  districts,  shall be established in accordance with a compre-
    46  hensive master plan within the meaning of section 7-722 of this article.
    47  The sending district from which transfer of development  rights  may  be
    48  authorized  shall consist of natural, scenic, recreational, agricultural
    49  or open land or sites of  special  historical,  cultural,  aesthetic  or
    50  economic  values  sought to be protected or lands at risk from sea level
    51  rise, storm surge or flooding. Every receiving district, to which trans-
    52  fer of development rights may be authorized shall have been found by the
    53  board of trustees, after evaluating the effects of  potential  increased
    54  development  which  is possible under the transfer of development rights
    55  provisions to contain  adequate  resources,  environmental  quality  and
    56  public  facilities,  including  adequate  transportation,  water supply,
        S. 3712                             4                            A. 5505
 
     1  waste disposal and fire protection, and that there will  be  no  signif-
     2  icant  environmentally damaging consequences and such increased develop-
     3  ment is compatible with  the  development  otherwise  permitted  by  the
     4  village  and by the federal, state, and county agencies having jurisdic-
     5  tion to approve permissible development within the district.  A  generic
     6  environmental  impact  statement  pursuant  to the provisions of article
     7  eight of the environmental conservation law shall  be  prepared  by  the
     8  village  for  the  receiving  district  before any such district, or any
     9  sending district, is designated, and such  statement  shall  be  amended
    10  from  time  to  time  by  the  village, if there are material changes in
    11  circumstances.  Where a transfer of development rights affects districts
    12  in two or more school, special assessment or tax districts, it  may  not
    13  unreasonably  transfer  the  tax  burden  between  the taxpayers of such
    14  districts. The receiving and sending districts need not  be  coterminous
    15  with zoning districts.
    16    § 7. This act shall take effect immediately.