[Added 5-14-2013 by L.L. No. 3-2013]
This article shall hereinafter be known and cited as "The Incentive
Zoning Law of the Town of Clarkson."
The Town Board has determined that it may be appropriate to
make adjustments to permissible use, density and area requirements
for the specific purpose of encouraging development using principals
set forth in the Town of Clarkson's Comprehensive Plan while providing
amenities to the Town at a minimum cost to the residents and taxpayers.
It is the intent of this article to empower the Town Board to grant
incentives or bonuses to advance the vision and policies articulated
in the Town of Clarkson's Comprehensive Plan and the following objectives:
A.
The preservation and enhancement of natural and cultural features.
B.
The accommodation of land uses and physical site arrangements which
are not contemplated under conventional zoning but which would further
the land use goals of the Town.
C.
The creation of usable open space and public access to recreation
lands and trails.
D.
The orderly development of parks.
E.
The preservation of scenic viewsheds, water resources, forests, meadows,
geologic features, environmentally sensitive areas, significant plant
and animal habitats, and important ecological resources.
F.
The provision of a more desirable environment than what would be
possible through the strict application of existing zoning regulations.
G.
The promotion of the general health, safety and welfare of the Town.
In accordance with § 261-b of the Town Law of the State of New York, the Town Board of the Town of Clarkson is empowered to provide for a system of zoning incentives or bonuses in exchange for specific social, economic, or cultural benefits or amenities as the Town Board deems necessary and appropriate and which are consistent with the intent and purpose set forth in § 140-55.
This article shall apply to all zoning districts in the Town
of Clarkson.
For the purpose of this article, the terms used are defined
as follows:
Open space, parks, Historical Overlay District enhancements,
off-street parking and other specific physical, social or cultural
amenities, or cash in lieu thereof, of benefit to the residents of
the community, authorized by the Town Board.
Adjustments to the permissible density, area, height, use
or other requirements of the Zoning Code for the Town of Clarkson
and any amendments thereto in exchange for a specific community benefit
or amenity. These adjustments may incorporate two or more noncontiguous
parcels of land.
The system by which specific incentives or bonuses are granted,
pursuant to § 261-b of New York State Town Law, on condition
that specific social, economic, or cultural benefits or amenities
are provided to the community.
A.
The following benefits or amenities may be either on or off the site
of the subject application:
(1)
Preservation of open space.
(2)
Construction, improvement and enhancement to Town buildings and grounds
including parks.
(3)
Preservation of cultural or historic facilities in excess of those
required to mitigate proposed development impacts.
(4)
Enhancement and preservation of the Clarkson Historical Overlay District.
(5)
Other facilities or benefits to the residents of the community which
are consistent with the purpose and intent of this article, as determined
by the Town Board.
(6)
If the Town Board finds that a community benefit is not suitable
on the site or cannot be reasonably provided, the Town Board may require
a cash payment in lieu of the provision of the amenity or bonus. These
funds shall be placed in a trust fund to be used by the Town Board
exclusively for amenities specified in these provisions.
(7)
Any combination of the above-listed amenities and/or cash in lieu
of any amenity(s) for specific purposes identified.
B.
Prior to the issuance of any permit, stripping of any ground cover,
site grading, or any other site improvements or construction activities:
C.
These amenities shall be in addition to any mandated requirements
pursuant to other provisions in the Code of the Town of Clarkson.
The following incentives may be granted by the Town Board to
an application on a specific site:
A.
A preapplication conference is required prior to the submission of
an application for incentive zoning. The purpose of a preapplication
conference is to inform the applicant of applicable procedures, submission
requirements, development standards and other pertinent matters before
the applicant finalizes the incentive zoning proposal.
(1)
The preapplication conference will be coordinated through the Building
Department and will normally be attended by the Supervisor, the Chairperson
of the Planning Board (or designee), the Chairperson of the Zoning
Board of Appeals (or designee), the Chairperson of the Conservation
Board (or designee),the engineer representing the Town, the Highway
Superintendent, the Building Inspector, the Town Attorney and other
interested parties who may be designated by the Town Supervisor or
Planning Board Chairperson. If the proposal impacts the Historical
Overlay District, the Chairperson of the Architectural Review Board
(or designee) shall be included.
(2)
The applicant requesting consideration for incentive zoning is required
to attend the preapplication conference and is encouraged to bring
the project's design professional(s).
(4)
Opinions presented during a preapplication conference are advisory
in nature and do not represent a commitment on behalf of the Town
Board or represented agency regarding the acceptability of the incentive
zoning proposal.
B.
An application for incentive zoning will consist of a letter of intent
accompanied by the following information:
(1)
One concept plan showing the site developed to its fullest extent
under the zoning regulations in this chapter of the Town Code and
one concept plan showing the site developed in a manner that incorporates
the desired incentive and amenity to be provided. These plans shall
show the following information:
(a)
Location and extent of all proposed land uses, including development
areas and open spaces, with areas shown in acres.
(b)
All interior streets, roads, access easements and their planned
private or public ownership, as well as all points of access and egress
from existing public rights-of-way.
(c)
An area map showing adjacent parcels; that portion of the applicant's
property under consideration; all properties, zoning districts, subdivisions,
streets, access easements, watercourses, drainage facilities, buildings,
structures and other significant natural and built features within
300 feet of the applicant's property and all uses of abutting lands.
(2)
A written description of the proposed amenity.
(3)
The cash value of the proposed amenity.
(4)
A narrative which:
(a)
Describes the benefits to be provided to the community by the
proposed amenity.
(b)
Provides a preliminary indication that there are adequate sewer,
water, transportation, waste disposal and fire-protection facilities
in the zoning district in which the proposal is located to handle
the additional demands the incentive and amenity may place on these
facilities beyond the demand on them as if the site were developed
to its fullest extent under the zoning regulations in this chapter
of the Town Code.
(c)
Explains how the amenity helps implement the vision and policies
of the Comprehensive Plan and, where appropriate, the Clarkson Historical
Overlay District, and land use goals of the Town as supplemented by
the laws and regulations adopted by the Town Board.
(d)
Describes in detail the requested incentive(s).
(5)
A completed Long Environmental Assessment Form, Part I.
(6)
A check to the Town of Clarkson in an amount established by resolution
of the Town Board as set forth in the fee schedule. This shall be
nonrefundable.
C.
In addition to the fee above, the developer shall be responsible
for all costs associated with reviewing the application, including
legal fees and engineering fees. To guarantee the payment of these
costs, the developer shall be required to deposit the sum of $1,500
with the Town at the time of application. Any unused portion shall
be refunded to the developer upon completion of the project or withdrawal
of the application. The Town may request payment of additional fees
as required, and such payment shall be due within 10 days of request.
D.
Twenty sets of the application shall be provided to the Town for
distribution and review. The Town Board, upon receipt of an application,
and as part of its review, shall refer the application to the Planning
Board for its review and recommendations.
E.
The Planning Board shall forward a written recommendation to the
Town Board indicating whether or not it supports the approval of the
incentive and amenity. This recommendation shall consider the following:
(1)
The suitability of the site(s) for the type of open space preservation
proposed, the physical characteristics of the land and the relation
of the proposed development to surrounding existing and probable future
development.
(2)
The adequacy of major roads, utilities and other facilities and services
to serve the development.
(3)
That the proposal is conceptually sound, is consistent with the Town
Comprehensive Plan, and meets local and area-wide needs.
F.
The application shall be referred to the Monroe County Planning Department
for its review. The Town may also refer the application to the Town
Engineer, as well as other local and county officials, representatives
of federal and state agencies and consultants as deemed appropriate.
These agencies may include, but are not limited to, the Monroe County
Department of Transportation, the New York State Department of Transportation
and the New York State Department of Environmental Conservation.
G.
Once the application has been determined to be complete, a public
hearing will be scheduled before the Town Board. The Town Clerk shall
give notice of the hearing in the official newspaper of the Town at
least 10 days prior to the date of the hearing.
H.
All applicable requirements of the State Environmental Quality Review
(SEQR) Act shall be complied with as part of the review and hearing
process. In addition to other information that may be required as
part of the environmental assessment of the proposal, the assessment
shall include verification that the zoning district in which the proposal
is to be located has adequate sewer, water, transportation, waste
disposal and fire-protection facilities to:
(1)
First, serve the remaining vacant land on the site as though it were
developed to its fullest potential under the zoning regulations in
effect at the time of the amenity/incentive proposal; and
I.
In order to approve an amenity/incentive proposal, the Town Board
shall determine that the requirements of SEQR have been met and the
proposed amenity provides sufficient public benefit to provide the
requested incentive. In order to make this determination, the Town
Board may require the completion of an environmental impact statement.
Thereafter, the Town Board is authorized to act on an application
for approval pursuant to this article.
J.
The Town Board may impose conditions on a project to ensure that
the above findings are ensured through the subsequent plan review
and construction phases of the project.
K.
Upon a favorable decision of the Town Board, an application shall
be submitted to the Planning Board for subdivision and/or site plan
approval pursuant to the applicable provisions of the Code and regulations
of the Town of Clarkson. Failure to submit the application to the
Planning Board within six months of approval by the Town Board shall
render any incentive zoning granted hereunder null and void unless
extended by resolution of the Town Board for a maximum of six additional
months.
In accordance with § 261-b of the Town Law, any applicant
for incentives or bonuses shall pay a proportionate share of the cost
of preparing any generic environmental impact statement prepared in
conjunction with the project, and such charge shall be added to any
site-specific charge made pursuant to the provisions of § 8-0109
of the Environmental Conservation Law.
