New York State Assembly

 
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A11124 Summary:

A11124 Actions:

A11124 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Magnarelli      
DATE:06/12/2018AYE/NAY:17/0  Action: Favorable refer to committee Rules        
Magnarelli
Aye
Friend
Aye
Gantt
Excused
Stec
Aye
Magee
Aye
Brabenec
Aye
Ramos
Absent
Miller
Aye
Jenne
Aye
Tague
Aye
Bronson
Aye
Ryan
Aye
Buchwald
Aye
Otis
Aye
Skoufis
Aye
Jean-Pierre
Aye
Woerner
Aye
Wallace
Aye
Thiele
Aye

Committee:RULES   Chair:Heastie      
DATE:06/13/2018AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Excused
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A11124 Floor Votes:

A11124 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11124
 
                   IN ASSEMBLY
 
                                      June 7, 2018
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of 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:
    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
    26  plan  within the meaning of subdivision twenty-five of section twenty of
    27  this article.  The sending district from which transfer  of  development
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14444-04-8
        A. 11124                            2
 
     1  rights may be authorized shall consist of natural, scenic, recreational,
     2  agricultural  or  open  land  or  sites of special historical, cultural,
     3  aesthetic or economic values sought to be protected  or  lands  at  risk
     4  from  sea level rise, storm surge or flooding. Every receiving district,
     5  to which transfer of development rights may be  authorized,  shall  have
     6  been  found  by  the  legislative body of the city, after evaluating the
     7  effects of potential increased development which is possible  under  the
     8  transfer   of   development   rights  provisions,  to  contain  adequate
     9  resources,  environmental  quality  and  public   facilities   including
    10  adequate   transportation,   water   supply,  waste  disposal  and  fire
    11  protection, and that there will be no significant environmentally damag-
    12  ing consequences and such increased development is compatible  with  the
    13  development  otherwise  permitted by the city and by the federal, state,
    14  and county agencies having jurisdiction to approve permissible  develop-
    15  ment  within  the  district.  A  generic  environmental impact statement
    16  pursuant to the provisions of article eight of the environmental conser-
    17  vation law shall be prepared by the  city  for  the  receiving  district
    18  before  any  such  district, or any sending district, is designated, and
    19  such statement shall be amended from time to time by the city  if  there
    20  are  material changes in circumstances.  Where a transfer of development
    21  rights affects districts in two or more school,  special  assessment  or
    22  tax  districts,  it may not unreasonably transfer the tax burden between
    23  the taxpayers of such districts. The  receiving  and  sending  districts
    24  need not be coterminous with zoning districts.
    25    §  3.  The  opening paragraph of subdivision 2 of section 261-a of the
    26  town law, as added by chapter 40 of the laws of 1989, is amended to read
    27  as follows:
    28    In addition to existing powers and authorities to regulate by planning
    29  or zoning, including authorization to provide for transfer  of  develop-
    30  ment  rights  pursuant  to  other  enabling  law, a town board is hereby
    31  empowered to provide for transfer of development rights subject  to  the
    32  conditions  hereinafter  set forth and such other conditions as the town
    33  board deems necessary and  appropriate  that  are  consistent  with  the
    34  purposes  of  this  section.  The  purpose  of providing for transfer of
    35  development rights shall be to protect the natural, scenic  or  agricul-
    36  tural  qualities  of  open  lands, to enhance sites and areas of special
    37  character or special historical, cultural, aesthetic or economic  inter-
    38  est  or value, to protect lands at risk from sea level rise, storm surge
    39  or flooding and to enable and encourage flexibility of design and  care-
    40  ful  management  of  land in recognition of land as a basic and valuable
    41  natural resource. The conditions hereinabove referred to are as follows:
    42    § 4. Paragraph a of subdivision 2 of section 261-a of the town law, as
    43  added by chapter 40 of the laws of 1989, is amended to read as follows:
    44    a. That transfer of development rights, and the sending and  receiving
    45  districts,  shall be established in accordance with a comprehensive plan
    46  within the meaning of section two hundred sixty-three 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  forest, or open land or sites of special historical, cultural, aesthetic
    50  or economic values sought to be protected or  lands  at  risk  from  sea
    51  level  rise,  storm surge or flooding. Every receiving district to which
    52  transfer of development rights may be authorized, shall have been  found
    53  by  the  town board, 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,
        A. 11124                            3
 
     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 town
     4  and  by  the  federal, state, and county agencies having jurisdiction to
     5  approve permissible development within the district. A generic  environ-
     6  mental  impact  statement pursuant to the provisions of article eight of
     7  the environmental conservation law shall be prepared by the  town  board
     8  for  the  receiving  district  before  any such district, or any sending
     9  district, is designated, and such statement shall be amended  from  time
    10  to  time  by  the  town  board  if there are material changes in circum-
    11  stances. Where a transfer of development rights affects districts in two
    12  or more school, special assessment or tax districts, it may  not  unrea-
    13  sonably transfer the tax burden between the taxpayers of such districts.
    14  The  receiving and sending districts need not be coterminous with zoning
    15  districts.
    16    § 5. The opening paragraph of subdivision 2 of section  7-701  of  the
    17  village  law,  as added by chapter 40 of the laws of 1989, is amended to
    18  read as follows:
    19    In addition to existing powers and authorities to regulate by planning
    20  or zoning, including authorization to provide for transfer  of  develop-
    21  ment rights pursuant to other enabling law, a board of trustees is here-
    22  by  empowered  to  provide for transfer of development rights subject to
    23  the conditions hereinafter set forth and  such  other  conditions  as  a
    24  village  board  of  trustees  deems  necessary  and appropriate that are
    25  consistent with the purposes of this section. The purpose  of  providing
    26  for  transfer  of  development  rights  shall be to protect the natural,
    27  scenic or agricultural qualities of open lands,  to  enhance  sites  and
    28  areas of special character or special historical, cultural, aesthetic or
    29  economic  interest  or  value,  to  protect lands at risk from sea level
    30  rise, storm surge or flooding, and to enable and  encourage  flexibility
    31  of  design  and  careful  management of land in recognition of land as a
    32  basic and valuable natural resource. The conditions hereinabove referred
    33  to are as follows:
    34    § 6. Paragraph a of subdivision 2 of section 7-701 of the village law,
    35  as added by chapter 40 of the laws  of  1989,  is  amended  to  read  as
    36  follows:
    37    a.  That  the  transfer  of  development  rights,  and the sending and
    38  receiving districts, shall be established in accordance with  a  compre-
    39  hensive master plan within the meaning of section 7-722 of this article.
    40  The  sending  district  from which transfer of development rights may be
    41  authorized shall consist of natural, scenic, recreational,  agricultural
    42  or  open  land  or  sites  of special historical, cultural, aesthetic or
    43  economic values sought to be protected or lands at risk from  sea  level
    44  rise, storm surge or flooding. Every receiving district, to which trans-
    45  fer of development rights may be authorized shall have been found by the
    46  board  of  trustees, after evaluating the effects of potential increased
    47  development which is possible under the transfer of  development  rights
    48  provisions  to  contain  adequate  resources,  environmental quality and
    49  public facilities,  including  adequate  transportation,  water  supply,
    50  waste  disposal  and  fire protection, and that there will be no signif-
    51  icant environmentally damaging consequences and such increased  develop-
    52  ment  is  compatible  with  the  development  otherwise permitted by the
    53  village and by the federal, state, and county agencies having  jurisdic-
    54  tion  to approve permissible development within the district.  A generic
    55  environmental impact statement pursuant to  the  provisions  of  article
    56  eight  of  the  environmental  conservation law shall be prepared by the
        A. 11124                            4

     1  village for the receiving district before  any  such  district,  or  any
     2  sending  district,  is  designated,  and such statement shall be amended
     3  from time to time by the village,  if  there  are  material  changes  in
     4  circumstances.  Where a transfer of development rights affects districts
     5  in  two  or more school, special assessment or tax districts, it may not
     6  unreasonably transfer the tax  burden  between  the  taxpayers  of  such
     7  districts.  The  receiving and sending districts need not be coterminous
     8  with zoning districts.
     9    § 7. This act shall take effect immediately.