S T A T E O F N E W Y O R K
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6424--A
2019-2020 Regular Sessions
I N S E N A T E
June 10, 2019
___________
Introduced by Sens. MARTINEZ, LAVALLE -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13291-02-9
S. 6424--A 2
§ 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
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
S. 6424--A 3
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,
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,
S. 6424--A 4
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.
§ 7. This act shall take effect immediately.
