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Incentive Zoning

Town Law §261-b defines "incentive zoning" as a system in which incentives or bonuses (adjustments to permissible density, area, height, open space, use, or other provisions) are granted on condition that community benefits or amenities would inure to the community. It is a negotiated mechanism where local law specifies the eligible districts, bonus structure, and benefit types.

Where it applies
New York State
When it comes up
Program entitlement; zoning amendment; negotiation
Property types
Mixed-use; large-scale sites; areas with public benefit objectives

In practice

Incentive zoning is an entitlement-plus-implementation system: operator success depends on converting "community benefits" into financeable and buildable line items with clear delivery standards.

Related terms

BonusCommunity BenefitsPlanned Unit DevelopmentDevelopment Agreement