[Added 12-15-2010 by L.L. No. 9-2010]
A.
It is the purpose of this article to empower the Town Board to grant
incentives to the private sector engaged in the land development process
to advance the Town's policies in accordance with the Town of Putnam
Valley's Comprehensive Plan and in coordination with other community
planning mechanisms or land use techniques.
B.
This authority may be used by the Town Board to advance the following
objectives from the Town's Comprehensive Plan:
(1)
To protect ecological resources and environmentally sensitive
areas.
(2)
To protect active farm operations.
(3)
To preserve greenways and important open spaces, develop a trail
system, preserve historic and archaeological resources and protect
high-quality scenic resources.
(4)
To provide a sound mix of housing types.
(5)
To promote provision of neighborhood services in a carefully
planned manner with a design quality reflecting the values of the
community, and to relieve traffic congestion in the Town.
(6)
To secure public works improvements which would not otherwise
be provided, including but not limited to providing stormwater detention
and treatment basins in excess of that necessitated by immediate project
demand, providing recreational facilities, and contributing to a capital
fund for future Town infrastructure needs.
In accordance with § 261-b of the Town Law of the
State of New York, the Town Board is empowered to provide for a system
of zoning incentives as the Town Board deems necessary and appropriate,
consistent with the purposes and conditions set forth herein.
Except as specifically limited herein, this article will apply
to all zoning districts in the Town.
As used in this article, the following terms shall have the
meanings indicated:
The Town of Putnam Valley's Comprehensive Plan and Generic
Environmental Impact Statement, as amended from time to time.
The system by which specific incentives are granted, pursuant
to Section 261-b of the Town Law and the provisions of this chapter,
on condition that certain physical, social, cultural and/or financial
benefits or amenities are provided to the Town.
A preliminary, non-binding review by the Town Board of an
application for use of incentive zoning to determine the merits of
applying the incentive zoning concept to a particular project.
The State Environmental Quality Review Act, Article 8 of
the New York State Environmental Conservation Law, as amended, and
the regulations promulgated thereunder.
The Town Board may grant the following specific incentives:
A.
Increases in developmental density.
B.
Development of allowable residential density over a full parcel,
as long as an equivalent amount of the open space that would have
been required by the Planning Board is provided for elsewhere in the
Town by or through the applicant.
D.
Allowing use of the premises for a purpose or purposes not authorized
in the Base Zoning District.
E.
Reduction/elimination of the recreation fee required under § 277(4)
of the New York State Town Law.
F.
Modification of Town road and/or driveway construction standards,
subject to the approval of the Town Engineer, and provided any such
modification creates no threat to public health and safety.
A.
The following Town benefits or amenities may, at the discretion of the Town Board, be accepted in exchange for one or more incentives as provided in § 165-107 above. These Town benefits or amenities may be either on or off the site of the subject application, may involve one or more parcels of land, and may be situated in any district unless otherwise specifically limited in this chapter.
(1)
Agricultural conservation, open space, scenic, ecological, historic
and/or other permanent conservation easements.
(2)
Donations of land in fee simple for conservation and other Town
benefit purposes.
(3)
Construction of recreation amenities, accessible to the general
public, above and beyond those required under New York State Town
Law § 277(4).
(4)
Construction of or improvements to public works beyond that
required to mitigate anticipated impacts from a project proposal in
accordance with SEQRA and the Town Code.
(5)
Preservation and/or improvement of historical and/or cultural
sites and/or structures.
(6)
Other facilities or benefits to the residents of the Town, as
determined by the Town Board, including, as appropriate, financial
contributions to a capital improvement and/or land acquisition fund.
(7)
Any combination of the above-listed Town benefits or amenities.
B.
These amenities will be in addition to any mandated requirements
pursuant to other provisions of the Town Code and any other applicable
law or regulation.
A.
The particular incentive granted shall be in reasonable proportion
to the value and importance of the amenity provided, as determined
by the Town Board at the time of final determination.
B.
Developmental unit density increases shall not exceed 100% of the
original zoned density for the particular parcel receiving the density
increase.
A.
Optional preapplication review. It is recommended that the applicant meet informally with Town staff prior to completion of an application under Subsection B hereof for purposes of gathering information for the proposed amenity/incentive exchange. The applicant is advised to review the Comprehensive Plan, and any other materials the Town may have on file regarding the incentive zoning program.
B.
Applications for incentives in exchange for amenities will be submitted
to the Town Board, through the office of the Town Clerk, and shall
include the following information:
(1)
A detailed description of the proposed project, including preliminary
site development plan.
(2)
The requested incentives.
(3)
The proposed amenities.
(4)
The estimated cash value of the proposed amenities and incentives,
respectively.
(5)
A narrative which demonstrates the following:
(a)
The benefits to the Town from the proposed amenity.
(b)
Consistency with the goals and objectives of the Town's Comprehensive
Plan.
(c)
The relative importance and need for the amenity.
(d)
That there are adequate sewer, water, transportation, waste
disposal and fire-protection facilities accessible and available to
the parcel(s) for which the incentive is proposed.
(e)
That all other applicable requirements of the law in respect
to the project proposal can realistically be met.
(f)
Any other information or support materials as needed or requested
by the Town Board.
C.
Review by Town Board. Within 90 days of complete submission (as determined by the Town Board) of an incentive zoning application, pursuant to Subsection B herein, the Town Board will prepare a brief response to the proposal, outlining in writing the Town Board's determination on whether the proposal is worthy of further consideration and the basis for that determination. The Town Board may engage a consultant to assist in review of the application, the cost of which will be borne by the applicant. Suggested modifications to the proposal may also be provided by the Town Board to the applicant. If the Town Board deems the application worthy of further consideration, it shall grant concept plan approval to the application, which will then be transferred to the Planning Board for the conditional obtainment of all approvals within that Board's jurisdiction.
D.
Upon completion of its reviews, the Planning Board shall render its
decision with respect to the application(s) before it subject to,
and contingent upon, the Town Board's grant of the incentive zoning
relief sought by the Applicant. As part of its decision the Planning
Board may, but need not, render an advisory opinion to the Town Board
with respect to the incentive zoning relief incorporated within the
approval(s) granted by it.
E.
Upon receipt of the Planning Board's decision (and advisory opinion,
if any) the Town Board shall conduct a public hearing on the conditionally
approved application in accordance with the hearing procedures applicable
to a Zoning Code amendment.
F.
Findings and final decision. Following the public hearing and completion
of the SEQRA process, the Town Board will approve, approve with modifications
or conditions, or deny the proposed incentive zoning application.
A written statement of the findings will be prepared by the Town Board
documenting the basis of its decision. The findings will include,
but not be limited to, the following:
(1)
SEQRA. That all requirements of SEQRA have been met, including
the required findings under law.
(2)
Development capacity. That the proposed project, including the
incentive, can be adequately supported by the public facilities available
or provided as a result of the project, including but not limited
to sewer, water, transportation, waste disposal and fire protection,
without reducing the availability of such facilities for projects
permitted as of right under the Town of Code.
(3)
Public benefit. The public benefit realized by the amenity provided
by the applicant is commensurate with the incentive granted by the
Town Board.
(4)
Project quality. That the project is in harmony with the purpose
and intent of this article and will promote the purposes herein, and
that the project is sufficiently advantageous to render it appropriate
for grant of an incentive.
(5)
Comprehensive Plan. That the use of incentive zoning for the
particular project is consistent with the Comprehensive Plan.
G.
All incentive zoning project applications shall undergo coordinated
reviews under the New York State Environmental Quality Review Act
(SEQRA), and the Planning Board shall serve as lead agency.
