§ 7-703 Incentive zoning; definitions, purpose, conditions,
procedures. 1. Definitions. As used in this section:

a. "Incentives or bonuses" shall mean adjustments to the permissible
population density, area, height, open space, use, or other provisions
of a zoning local law for a specific purpose authorized by the village
board of trustees.

b. "Community benefits or amenities" shall mean open space, housing
for persons of low or moderate income, parks, elder care, day care or
other specific physical, social or cultural amenities, or cash in lieu
thereof, of benefit to the residents of the community authorized by the
village board of trustees.

c. "Incentive zoning" shall mean the system by which specific
incentives or bonuses are granted to applicants pursuant to this section
on condition that specific physical, social, or cultural benefits or
amenities would inure to the community.

2. Authority and purposes. In addition to existing powers and
authorities to regulate by planning or zoning, including authorization
to provide for the granting of incentives, or bonuses pursuant to other
enabling law, a village board of trustees is hereby empowered, as part
of a zoning local law adopted pursuant to this article, to provide for a
system of zoning incentives, or bonuses, as the village board of
trustees deems necessary and appropriate consistent with the purposes
and conditions set forth in this section. The purpose of the system of
incentive, or bonus, zoning shall be to advance the village's specific
physical, cultural and social policies in accordance with the village's
comprehensive plan and in coordination with other community planning
mechanisms or land use techniques. The system of zoning incentives or
bonuses shall be in accordance with a comprehensive plan within the
meaning of section 7-704 of this article.

3. Implementation. A system of zoning incentives or bonuses may be
provided subject to the conditions hereinafter set forth.

a. The village board of trustees shall provide for the system of
zoning incentives or bonuses pursuant to this section as part of the
zoning local law. In providing for such system the board shall follow
the procedure for adopting and amending its zoning local law, including
all provisions for notice and public hearing applicable for changes or
amendments to a zoning local law.

b. Each zoning district in which incentives or bonuses may be awarded
under this section shall be designated in the village zoning local law
and shall be incorporated in any map adopted in connection with such
zoning local law or amendment thereto.

c. Each zoning district in which incentives or bonuses may be
authorized shall have been found by the village board of trustees, after
evaluating the effects of any potential incentives which are possible by
virtue of the provision of community amenities, to contain adequate
resources, environmental quality and public facilities, including
adequate transportation, water supply, waste disposal and fire
protection. Further, the village board of trustees shall, in
designating such districts, determine that there will be no significant
environmentally damaging consequences and that such incentives or
bonuses are compatible with the development otherwise permitted.

d. A generic environmental impact statement pursuant to article eight
of the environmental conservation law and regulations adopted by the
department of environmental conservation shall be prepared by the
village board of trustees for any zoning district in which the granting
of incentives or bonuses may have significant effect on the environment
before any such district is designated, and such statement shall be
supplemented from time to time by the village board of trustees if there
are material changes in circumstances that may result in significant
adverse impacts. Any zoning local law enacted pursuant to this section
shall provide that any applicant for incentives or bonuses shall pay a
proportionate share of the cost of preparing such environmental impact
statement, and that such charge shall be added to any site-specific
charge made pursuant to the provisions of section 8-0109 of the
environmental conservation law.

e. The village board of trustees shall set forth the procedure by
which incentives may be provided to specific lands. Such procedure shall
describe:

(1) the incentives, or bonuses, which may be granted by the village to
the applicant;

(2) the community benefits or amenities which may be accepted from the
applicant by the village;

(3) criteria for approval, including methods required for determining
the adequacy of community amenities to be accepted from the applicant in
exchange for the particular bonus or incentive to be granted to the
applicant by the village;

(4) the procedure for obtaining bonuses, including applications and
the review process, and the imposition of terms and conditions attached
to any approval; and

(5) provision for a public hearing, if such public hearing is required
as part of a zoning ordinance or local law adopted pursuant to this
section and give public notice thereof by the publication in the
official newspaper of such hearing at least five days prior to the date
thereof.

f. All other requirements of article eight of the environmental
conservation law shall be complied with by project sponsors for actions
in areas for which a generic environmental impact statement has been
prepared including preparation of an environmental assessment form and a
supplemental environmental impact statement, if necessary.

g. Prior to the adoption or amendment of the zoning local law pursuant
to this section to establish a system of zoning incentives or bonuses
the village board shall evaluate the impact of the provision of such
system of zoning incentives or bonuses upon the potential development of
affordable housing gained by the provision of any such incentive or
bonus afforded to an applicant or lost in the provision by an applicant
of any community amenity to the village. Further, the village board of
trustees shall determine that there is approximate equivalence between
potential affordable housing lost or gained or that the village has or
will take reasonable action to compensate for any negative impact upon
the availability or potential development of affordable housing caused
by the provisions of this section.

h. If the village board of trustees determines that a suitable
community benefit or amenity is not immediately feasible, or otherwise
not practical, the board may require, in lieu thereof, a payment to the
village of a sum to be determined by the board. If cash is accepted in
lieu of other community benefit or amenity, provisions shall be made for
such sum to be deposited in a trust fund to be used by the village board
of trustees exclusively for specific community benefits authorized by
the village board of trustees.

4. Nothing in this section shall be construed to invalidate any
provision for incentives or bonuses heretofore adopted by any village
board of trustees.