NY State Senate Bill 2017-S8493A

Senate Bill S8493A

2017-2018 Legislative Session

Relates to identifying lands at risk from sea level rise or flooding as eligible sending districts

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	recommitted to rules
Jun 18, 2018	ordered to third reading cal.1877 committee discharged and committed to rules
Jun 13, 2018	print number 8493a
Jun 13, 2018	amend (t) and recommit to cities
May 09, 2018	referred to cities

Votes

- Jun 18, 2018 - Rules Committee Vote
  S8493A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2018
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

2017-S8493 - Details

See Assembly Version of this Bill:: A11124
Current Committee:: Senate Rules
Law Section:: General City Law
Laws Affected:: Amd §20-f, Gen City L; amd §261-a, Town L; amd §7-701, Vil L
Versions Introduced in 2019-2020 Legislative Session:: S3712, A5505

2017-S8493 - Summary

Relates to identifying lands at risk from sea level rise or flooding as eligible sending districts.

2017-S8493 - Sponsor Memo

                                
 
BILL NUMBER: S8493

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the general city law, the town law and
the village law, in relation to providing for the intermunicipal trans-
fer of development rights and to identifying lands at risk from sea
level rise or flooding as eligible sending districts

 
PURPOSE:

This proposal would amend the General City Law, the Town Law, and
Village Law to authorize municipalities to enter into inter-municipal
agreements for the transfer of development rights across municipal boun-
daries and to authorize the identification of lands at risk from sea-
level rise, flooding, or storm surge as eligible sending districts.

 
SUMMARY OF PROVISIONS:

Section 1 would amend the opening paragraph of subdivision 2 of section
20-f of the General City Law to include lands at risk from sea-level
rise, flooding, or storm surge in the list of purposes for transfer of

development rights.

Section 2 would amend paragraph a of subdivision 2 of section 20-f of
the General City Law to authorize the inter-municipal transfer of devel-
opment rights on lands at risk of sea level rise, storm surge, or flood-
ing.

Section 3 would amend the opening paragraph of subdivision 2 of section
261-a of the Town Law to include lands at risk from sea-level rise,
flooding, or storm surge to the list of purposes for transfer of devel-
opment rights.

Section 4 would amend paragraph a of subdivision 2 of section 261-a of
the Town Law to authorize the inter-municipal transfer of development
rights on lands at risk of sea level rise, storm surge, or flooding.

Section 5 would amend the opening paragraph of subdivision 2 of section
7-701 of the Village Law to include lands at risk from sea-level rise,
flooding, or storm surge to the list of purposes for transfer of devel-
opment rights.

Section 6 would amend paragraph a of subdivision 2 of section 7-701 of
the Village Law to authorize the inter-municipal transfer of development
rights on lands at risk of sea level rise, storm surge, or flooding.

 
JUSTIFICATION:

Transfer of development rights (TDR) is a land-use tool that provides
municipalities in New York State with an effective, flexible, and mark-
et-based mechanism for managing and balancing development and preserva-
tion. TDR allows municipalities to detach the development rights from
lands specified by the municipality to remain undeveloped ("sending
areas"), while at the same time permitting those rights to be trans-
ferred to areas deemed to be more appropriate for a higher concentration
and mix of development ("receiving areas").

TDR can advance the New York State's smart growth goals by removing
development pressure in the exurban and agricultural areas, and concen-
trating development where it is most appropriate and beneficial. Regard-
ing storm resiliency, TDR can help relocate development away from high-
risk areas (such as land in flood zones or on steep slopes) to more
appropriate low-risk areas. The State TDR enabling statutes do not
explicitly authorize intermunicipal TDR.  This legislative proposal
would remedy that by expressly authorizing intermunicipal TDR.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
BUDGET IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2017-S8493 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8493
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 Introduced by Sen. LAVALLE -- (at request of the Department of State) --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Cities
 
 AN ACT to amend the general city law, the town law and the village  law,
   in  relation  to providing for the intermunicipal transfer of develop-
   ment rights and to identifying lands at risk from sea  level  rise  or
   flooding 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14444-02-8

 S. 8493                             2
 
 plan  within the meaning of subdivision twenty-five of section twenty 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 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. NOTWITHSTANDING ANY OTHER
 PROVISION  OF  LAW,  THE  LEGISLATIVE BODY OF ANY CITY MAY ENTER INTO AN
 INTERMUNICIPAL AGREEMENT WITH ONE OR  MORE  MUNICIPALITIES  PURSUANT  TO
 ARTICLE FIVE-J OF THE GENERAL MUNICIPAL LAW TO AUTHORIZE THE TRANSFER OF
 DEVELOPMENT RIGHTS ACROSS MUNICIPAL BOUNDARIES.
   §  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

 S. 8493                             3
 
 LEVEL  RISE  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  facili-
 ties,  including  adequate  transportation, water supply, waste disposal
 and fire protection, and that there  will  be  no  significant  environ-
 mentally damaging consequences and such increased development is compat-
 ible  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 environmental
 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.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE TOWN BOARD
 MAY ENTER INTO AN INTERMUNICIPAL AGREEMENT  WITH  ONE  OR  MORE  MUNICI-
 PALITIES  PURSUANT  TO  ARTICLE  FIVE-J  OF THE GENERAL MUNICIPAL LAW TO
 AUTHORIZE THE TRANSFER OF DEVELOPMENT RIGHTS  ACROSS  MUNICIPAL  BOUNDA-
 RIES.
   §  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
 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:
   § 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 OR FLOODING. Every receiving district, to which transfer of  devel-
 opment  rights  may  be authorized shall have been found by the board of
 trustees, after evaluating the effects of potential  increased  develop-
 ment  which  is  possible  under  the  transfer  of  development  rights

 S. 8493                             4
 
 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
 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
 BOARD OF TRUSTEES MAY ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH ONE OR
 MORE MUNICIPALITIES PURSUANT TO ARTICLE FIVE-J OF THE GENERAL  MUNICIPAL
 LAW  TO  AUTHORIZE  THE  TRANSFER OF DEVELOPMENT RIGHTS ACROSS MUNICIPAL
 BOUNDARIES.
   § 7. This act shall take effect immediately.

co-Sponsors

2017-S8493A (ACTIVE) - Details

See Assembly Version of this Bill:: A11124
Current Committee:: Senate Rules
Law Section:: General City Law
Laws Affected:: Amd §20-f, Gen City L; amd §261-a, Town L; amd §7-701, Vil L
Versions Introduced in 2019-2020 Legislative Session:: S3712, A5505

2017-S8493A (ACTIVE) - Summary

Relates to identifying lands at risk from sea level rise or flooding as eligible sending districts.

2017-S8493A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8493A

SPONSOR: LAVALLE
 
TITLE OF BILL:  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 flooding as eligible sending districts

 
PURPOSE:

To authorize the transfer of development rights for lands at risk from
sea level rise, storm surge or flooding.

 
SUMMARY OF PROVISIONS:

Section 1 would amend the general city law to include lands at risk from
sea level rise, flooding or storm surge in the list of purposes for
transfer of development rights.

Section 2 would amend the general city law to include lands at risk from
sea level rise, storm surge or flooding in the authorization to be
designated as a sending district for purposes of the transfer of devel-

opment rights.

Section 3 would amend the town law to include lands at risk from sea
level rise, storm surge or flooding in the list of purposes for transfer
of development rights.

Section 4 would amend the town law to include lands at risk from sea
level rise, storm surge or flooding for purposes of the transfer of
rights.

Section 5 would amend the village law to include lands at risk from sea
level rise, flooding or storm surge to the list of purposes for transfer
of development rights

Section 6 would amend the village law to include lands at risk from sea
level rise, storm surge or flooding in the authorization to be desig-
nated as a sending district for purposes of the transfer of development
rights.

 
JUSTIFICATION:

Transfer of development rights (TDR) is a land use tool that provides
municipalities in New York State with an effective, flexible and market
based mechanism for managing and balancing development and preservation.
TDR allows municipalities to detach the development rights from lands
specified by the municipality to remain undeveloped ("sending area")
while at the same time permitting those rights to be transferred to
areas deemed to be more appropriate for a higher concentration and mix
of development ("receiving area").  Regarding storm resiliency, TDR can
help relocate development away from high-risk area (such as land in
flood zones or on steep slopes) to more appropriate low risk.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2017-S8493A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8493--A
 
                             I N  S E N A T E
 
                                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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14444-05-8

 S. 8493--A                          2
 
 plan within the meaning of subdivision twenty-five of section twenty  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 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

 S. 8493--A                          3
 
 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  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

 S. 8493--A                          4

 environmental impact statement pursuant to  the  provisions  of  article
 eight  of  the  environmental  conservation law shall be prepared by the
 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.

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