Colonie, NY Zoning Overlays & Bonuses: Density Bonus Law (2026)

Section 190-27 of the Colonie Land Use Law authorizes the Planning Board to grant incentive zoning during plan review in seven mixed-use and commercial districts: Office Residential, Commercial Office, Neighborhood Commercial Office Residential, Commercial Office Residential, Highway Commercial Office Residential, Airport Business Area, and Industrial. Under § 190-27D, the Board may reduce the minimum green space requirement in 5% increments, but green space can never drop below 15% of the site. Residential density gained through the incentive cannot exceed eight dwelling units per acre, and for commercial or mixed-use projects the Board may grant up to 24,000 square feet of gross floor area per acre.

In mixed-use projects, 3,000 gross square feet of commercial space counts as the equivalent of one dwelling unit. If a lot straddles more than one eligible district, the more restrictive district's standards govern, and a project seeking both a density increase and a green space reduction must pay under both fee schedules. Section 190-27E lists the amenities a developer trades for the bonus: permanent conservation easements, fee-simple transfer of land for conservation, cash paid into the Town's dedicated amenity zoning fund account, or other Town Board-approved contributions, each valued under incentive unit schedules the Town Board adopts and updates.

Proof of recording an easement, transferring land, or escrowing cash must be filed before a building permit issues. The Building Department enforces dimensional compliance under § 190-28A, while PEDD administers the green space and incentive zoning provisions under § 190-28B.