S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11124
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. The opening paragraph of subdivision 2 of section  20-f  of
 the  general  city  law,  as added by chapter 40 of the laws of 1989, is
 amended to read as follows:
   In addition to existing powers and authorities to regulate by planning
 or zoning including authorization to provide for transfer of development
 rights pursuant to other enabling law, the legislative body of any  city
 is  hereby  empowered  to  provide  for  transfer  of development rights
 subject to the conditions hereinafter set forth and  such  other  condi-
 tions  as the city legislative body deems necessary and appropriate that
 are consistent with the purposes of this section, except that in  cities
 of over one million any transfer of development rights shall be provided
 in  the  zoning ordinance after adoption by the city planning commission
 and board of estimate. The purpose of providing for transfer of develop-
 ment rights shall be to protect  the  natural,  scenic  or  agricultural
 qualities of open lands, to enhance sites and areas of special character
 or  special  historical,  cultural,  aesthetic  or  economic interest or
 value, TO PROTECT LANDS AT RISK FROM SEA  LEVEL  RISE,  STORM  SURGE  OR
 FLOODING,  and to enable and encourage flexibility of design and careful
 management of land in recognition  of  land  as  a  basic  and  valuable
 natural resource. The conditions hereinabove referred to are as follows:
   §  2. Paragraph a of subdivision 2 of section 20-f of the general city
 law, as added by chapter 40 of the laws of 1989, is amended to  read  as
 follows:
   a.  That transfer of development rights, and the sending and receiving
 districts, shall be established in  accordance  with  a  well-considered
 plan  within the meaning of subdivision twenty-five of section twenty of
 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

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 rights may be authorized shall consist of natural, scenic, recreational,
 agricultural  or  open  land  or  sites of special historical, cultural,
 aesthetic or economic values sought to be protected  OR  LANDS  AT  RISK
 FROM  SEA LEVEL RISE, STORM SURGE OR FLOODING. Every receiving district,
 to which transfer of development rights may be  authorized,  shall  have
 been  found  by  the  legislative body of the city, after evaluating the
 effects of potential increased development which is possible  under  the
 transfer   of   development   rights  provisions,  to  contain  adequate
 resources,  environmental  quality  and  public   facilities   including
 adequate   transportation,   water   supply,  waste  disposal  and  fire
 protection, and that there will be no significant environmentally damag-
 ing consequences and such increased development is compatible  with  the
 development  otherwise  permitted by the city and by the federal, state,
 and county agencies having jurisdiction to approve permissible  develop-
 ment  within  the  district.  A  generic  environmental impact statement
 pursuant to the provisions of article eight of the environmental conser-
 vation law shall be prepared by the  city  for  the  receiving  district
 before  any  such  district, or any sending district, is designated, and
 such statement shall be amended from time to time by the city  if  there
 are  material changes in circumstances.  Where a transfer of development
 rights affects districts in two or more school,  special  assessment  or
 tax  districts,  it may not unreasonably transfer the tax burden between
 the taxpayers of such districts. The  receiving  and  sending  districts
 need not be coterminous with zoning districts.
   §  3.  The  opening paragraph of subdivision 2 of section 261-a of the
 town law, as added by chapter 40 of the laws of 1989, is amended to read
 as follows:
   In addition to existing powers and authorities to regulate by planning
 or zoning, including authorization to provide for transfer  of  develop-
 ment  rights  pursuant  to  other  enabling  law, a town board is hereby
 empowered to provide for transfer of development rights subject  to  the
 conditions  hereinafter  set forth and such other conditions as the town
 board deems necessary and  appropriate  that  are  consistent  with  the
 purposes  of  this  section.  The  purpose  of providing for transfer of
 development rights shall be to protect the natural, scenic  or  agricul-
 tural  qualities  of  open  lands, to enhance sites and areas of special
 character or special historical, cultural, aesthetic or economic  inter-
 est  or value, TO PROTECT LANDS AT RISK FROM SEA LEVEL RISE, STORM SURGE
 OR FLOODING and to enable and encourage flexibility of design and  care-
 ful  management  of  land in recognition of land as a basic and valuable
 natural resource. The conditions hereinabove referred to are as follows:
   § 4. Paragraph a of subdivision 2 of section 261-a of the town law, as
 added by chapter 40 of the laws of 1989, is amended to read as follows:
   a. That transfer of development rights, and the sending and  receiving
 districts,  shall be established in accordance with a comprehensive plan
 within the meaning of section two hundred sixty-three of  this  article.
 The  sending  district  from which transfer of development rights may be
 authorized shall consist of natural, scenic, recreational, agricultural,
 forest, or open land or sites of special historical, cultural, aesthetic
 or economic values sought to be protected OR  LANDS  AT  RISK  FROM  SEA
 LEVEL  RISE,  STORM SURGE OR FLOODING. Every receiving district to which
 transfer of development rights may be authorized, shall have been  found
 by  the  town board, after evaluating the effects of potential increased
 development which is possible under the transfer of  development  rights
 provisions,  to  contain  adequate  resources, environmental quality and
 public facilities,  including  adequate  transportation,  water  supply,

 A. 11124                            3
 
 waste  disposal  and  fire protection, and that there will be no signif-
 icant environmentally damaging consequences and such increased  develop-
 ment  is compatible with the development otherwise permitted by the town
 and  by  the  federal, state, and county agencies having jurisdiction to
 approve permissible development within the district. A generic  environ-
 mental  impact  statement pursuant to the provisions of article eight of
 the environmental conservation law shall be prepared by the  town  board
 for  the  receiving  district  before  any such district, or any sending
 district, is designated, and such statement shall be amended  from  time
 to  time  by  the  town  board  if there are material changes in circum-
 stances. Where a transfer of development rights affects districts in two
 or more school, special assessment or tax districts, it may  not  unrea-
 sonably transfer the tax burden between the taxpayers of such districts.
 The  receiving and sending districts need not be coterminous with zoning
 districts.
   § 5. The opening paragraph of subdivision 2 of section  7-701  of  the
 village  law,  as added by chapter 40 of the laws of 1989, is amended to
 read as follows:
   In addition to existing powers and authorities to regulate by planning
 or zoning, including authorization to provide for transfer  of  develop-
 ment rights pursuant to other enabling law, a board of trustees is here-
 by  empowered  to  provide for transfer of development rights subject to
 the conditions hereinafter set forth and  such  other  conditions  as  a
 village  board  of  trustees  deems  necessary  and appropriate that are
 consistent with the purposes of this section. The purpose  of  providing
 for  transfer  of  development  rights  shall be to protect the natural,
 scenic or agricultural qualities of open lands,  to  enhance  sites  and
 areas of special character or special historical, cultural, aesthetic or
 economic  interest  or  value,  TO  PROTECT LANDS AT RISK FROM SEA LEVEL
 RISE, STORM SURGE OR FLOODING, and to enable and  encourage  flexibility
 of  design  and  careful  management of land in recognition of land as a
 basic and valuable natural resource. The conditions hereinabove referred
 to are as follows:
   § 6. Paragraph a of subdivision 2 of section 7-701 of the village law,
 as added by chapter 40 of the laws  of  1989,  is  amended  to  read  as
 follows:
   a.  That  the  transfer  of  development  rights,  and the sending and
 receiving districts, shall be established in accordance with  a  compre-
 hensive master plan within the meaning of section 7-722 of this article.
 The  sending  district  from which transfer of development rights may be
 authorized shall consist of natural, scenic, recreational,  agricultural
 or  open  land  or  sites  of special historical, cultural, aesthetic or
 economic values sought to be protected OR LANDS AT RISK FROM  SEA  LEVEL
 RISE, STORM SURGE OR FLOODING. Every receiving district, to which trans-
 fer of development rights may be authorized shall have been found by the
 board  of  trustees, after evaluating the effects of potential increased
 development which is possible under the transfer of  development  rights
 provisions  to  contain  adequate  resources,  environmental quality and
 public facilities,  including  adequate  transportation,  water  supply,
 waste  disposal  and  fire protection, and that there will be no signif-
 icant environmentally damaging consequences and such increased  develop-
 ment  is  compatible  with  the  development  otherwise permitted by the
 village and by the federal, state, and county agencies having  jurisdic-
 tion  to approve permissible development within the district.  A generic
 environmental impact statement pursuant to  the  provisions  of  article
 eight  of  the  environmental  conservation law shall be prepared by the

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