A.
This article establishes an incentive program in the
Town of Ballston pursuant to Article 16, § 261-b (Incentive
Zoning) designed to promote the protection of important agricultural
and open spaces in the Town and to promote green energy initiatives.
This article provides for a system of incentives to advance Ballston's
environmental, agricultural, and town character policies in accordance
with the Town's Comprehensive Plan. It gives landowners in certain
districts of the Town the opportunity to receive residential density
or commercial building square footage bonuses as an incentive to provide
certain desired amenities in Ballston by participating in the Town's
Agricultural and Open Space Protection Purchase of Development Rights
Program (PDR) or Green Energy Incentive Program as described herein.
There are two types of incentives established in this section: density
bonuses for residential dwelling units and square footage bonuses
for commercial buildings.
B.
This article is adopted in furtherance of the purposes
set forth in § 261-b of the New York State Town Law, to
implement the goals and vision of the Town of Ballston Comprehensive
Plan, and also in furtherance of the following specific purposes:
(1)
To protect, preserve and enhance farmland and
open space in the Town of Ballston, to encourage the conservation
of farmland and significant open spaces and ensure the long-term viability
of agriculture as per the Town of Ballston Comprehensive Plan, and
to promote the vision and goals of the Town of Ballston Agricultural
and Farmland Protection Plan;
(a)
The Town of Ballston Comprehensive Plan establishes
the following vision which articulates the importance of agriculture:
"The Town of Ballston aspires to preserve its working agricultural
landscapes, natural resources, and high quality of life as it continues
to accommodate residential and commercial growth in targeted areas
of the community. The Town seeks to maintain the small town and rural
character that are the roots of the Ballston community, while continuing
to manage growth and embrace new approaches to clean energy, land
conservation and community connections leading to a bright future
for multiple generations."
(2)
To foster development in areas the Town has deemed
suitable for denser or more intense development and in areas already
served by public services and infrastructure;
(3)
To preserve the existing rural, historic, and
agricultural character of Ballston by directing higher density residential
and commercial development to appropriate locations;
(4)
To protect the natural, scenic, and ecosystem
resources associated with the Town's agricultural lands and open
spaces;
(5)
To promote clean energy alternatives, green energy
methods and design, and to enhance Ballston's long-term sustainability
and resiliency.
A.
Residential density bonuses or square footage bonuses,
as the case may be, shall be applied pursuant to this article only
when acquired through participation in the Agricultural and Open Space
Protection Purchase of Development Rights Program (PDR) or Green Energy
Incentive Program, and shall only be applied in the Mixed Use Route
50/67, Burnt Hills Commercial, Mixed Use Ballston Lake, Business,
and Ballston Lake Residential districts.
B.
Incentives shall be granted only when the community
benefits or amenities offered would not otherwise be required or likely
to result from the applicable planning process before the Planning
Board.
A.
The Town has determined that suitable community benefits
are best provided through a fee payment to be used solely for the
purchase of properties or of development rights to protect agricultural
and open space lands or through provision of green energy initiatives
to increase climate resiliency. Applicants desiring to use density
or square footage bonuses shall pay all fees associated with the Agricultural
and Open Space Protection Purchase of Development Rights (PDR) Program
as established by the Town in their fee schedule prior to any preliminary
subdivision, site plan or special use permit approval by the Planning
Board.
B.
All PDR fees paid shall be deposited in a trust fund
to be established and used by the Town Board exclusively for the specific
community benefits authorized by the Town Board in their Agricultural
and Open Space Protection Purchase of Development Rights (PDR) Program
and Green Energy Incentive Program.
C.
Applicants seeking to use incentives as per this Article XXXIV shall first seek input about such applicability from the Planning Board in a sketch phase meeting. The intent of the sketch phase meeting is to share information between the applicant and the Planning Board, discuss applicability of use of bonuses, and to review consistency of the proposal with the Town's Generic Environmental Impact Statement (GEIS January 2022) prepared pursuant to Town Law § 261-b and 6 NYCRR Part 617.
D.
Upon payment of all fees, the Town of Ballston shall
prepare a signed letter indicating such payment as proof of participation
in the program. Such letter shall be conveyed by the applicant to
the Planning Board as part of any subdivision, site plan or special
use permit application. No application that proposes use of any incentive
pursuant to this article shall be approved until such proof is supplied.
E.
All subdivision plats and site plans associated with
a project where density bonuses or square footage increases are proposed
to be applied shall:
(1)
Clearly indicate the location and number of residential
units that are bonus units. A plat or plan note shall also be added
providing narrative indicating the number of eligible density bonuses
to be used as a result of participation in the Agricultural and Open
Space Protection Purchase of Development Rights (PDR) Program. The
narrative shall further describe the method and adequacy of sewer,
water, transportation, waste disposal and emergency service protection
facilities in the zoning district in which the proposal is located
and provide a description of what additional demands that use of the
incentive may place on these facilities beyond the demand that would
be placed on them as if the district were developed without the density
bonus.
(2)
Clearly indicate the location and size of the
buildings where square footage increases will be applied. A plat or
plan note shall be added providing narrative indicating the added
square footage to be used as a result of participation in the Agricultural
and Open Space Protection Purchase of Development Rights (PDR) Program
and Green Energy Incentive Program. The narrative shall describe the
method and adequacy of sewer, water, transportation, waste disposal
and emergency service protection facilities in the zoning district
in which the proposal is located and provide a description of what
additional demands that use of the incentive may place on these facilities
beyond the demand that would be placed on them as if the district
were developed without the square footage bonus.
F.
The Planning Board shall review the proposal pursuant to the criteria of this local law and as described below in Subsection G, against any criteria established in the Generic Environmental Impact Statement (GEIS January 2022). The Planning Board may engage an attorney, engineer, planning or other consultant to assist in review of the application, the cost of which will be borne by the applicant to cover costs related to review of use of any density bonus.
G.
As part of its review, the Planning Board shall ensure
that:
(1)
The proposed density adjustments would not have
a significant adverse impact on the property, or to adjoining property,
or to the neighborhood in which the property is situated;
(2)
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;
(3)
The project is in harmony with the purpose and
intent of this chapter; and
(4)
That the use of an incentive for the particular
project is consistent with the adopted Comprehensive Plan.
H.
Compliance with SEQRA. All applicable requirements
of the State Environmental Quality Review Act shall be complied with
as part of the review and hearing process. The applicant shall submit
an Environmental Assessment Form, Part 1, as part of their application.
Pursuant to Town Law 261-b, the Town of Ballston has prepared a Generic
Environmental Impact Statement (GEIS January 2022) to evaluate the
effect of use of incentives on the environment including on transportation,
water and waste disposal and fire protection, and the effect of bonuses
on the potential development of affordable housing.
(1)
No application of any density bonus shall exceed
any of the thresholds established in the January 2022 GEIS unless
a supplemental GEIS is prepared and accepted. The January 2022 GEIS
shall be supplemented if there are material changes in circumstances
that may result in significant adverse impacts as a result of use
of incentives or if any of the stated thresholds are proposed to be
exceeded. Costs for preparation of the supplemental GEIS shall be
borne solely by the applicant.
(2)
When a supplemental GEIS is required as a result
of a proposed development, the project sponsor shall pay the cost
of preparing such supplemental environmental impact statement, and
that such charge shall be added to any site-specific charge made pursuant
to the provisions of § 8-0109 of the Environmental Conservation
Law. The Town Board may from time to time also determine that circumstances
in the Town have changed and may prepare a supplemental GEIS to analyze
and evaluate those circumstances and establish updated thresholds.
I.
The Planning Board may impose terms and conditions
attached to any approval where incentives are proposed to be used
in order to minimize adverse impacts to the community.
Types of bonuses.
A.
Agricultural and open space protection purchase
of development rights (PDR) program.
(1)
One residential bonus unit shall be allowed
as-of-right as per Table 1 (Incentive Schedule, below) for each incentive
fee paid.
(2)
No density bonus shall be offered unless
water and sewer infrastructure are provided for to support development
in that parcel.
(3)
In the Hamlet Residential District, up to
75% of the total density bonus units the parcel is eligible for shall
be as-of-right. In all other districts where density bonuses are allowed,
up to 50% of the total density bonus units the parcel is eligible
for shall be as-of-right. For calculation purposes, one residential
density bonus equates to one residential dwelling unit. Density bonuses
may be used for single-family, two-family or townhouse units. See
Reader's Aid box below for example.
(4)
Additional density bonuses.
(a)
Beyond the as-of-right use of bonuses described in § 138-168A(1) above, additional density bonuses may be allowed only at the discretion of the Planning Board for up to 100% of the total density bonus units the parcel is eligible for, provided the incentive fees are paid for. The total number of density bonus units a parcel is eligible for is calculated from the density incentives shown in Table 1, below.
(b)
In determining whether any additional density bonuses should be awarded, the Planning Board shall evaluate all criteria of § 138-167H of this article prior to approval of any such additional density bonus. In so doing, the Planning Board shall compare site-specific information to the Town of Ballston GEIS (January 2022) and shall determine if there are any adverse impacts related to use of such additional density, or if any of the GEIS thresholds have been exceeded.
(c)
The Planning Board may allocate these additional
density bonuses up to the maximum allowed as per Table 1 (Incentive
Schedule, below) at their sole discretion based upon their review
and environmental analysis.
(d)
The following procedure shall be used by the
Planning Board in determining approval of additional density bonuses:
[1]
Applicants may seek nonbinding input from
the Planning Board as to whether the proposal is worthy of consideration
for an additional discretionary incentive prior to the preliminary
plat, special use, or site plan application.
[2]
The applicant shall supply the Planning Board
with a narrative outlining the requested incentive, the estimated
fees associated with such bonuses, a site plan and narrative describing
the method and adequacy of sewer, water, transportation, waste disposal
and emergency service protection facilities in the zoning districts
in which the proposal is located and a description on what additional
demands the incentive and amenity, if it is an on-site amenity, may
place on these facilities beyond the demand that would be placed on
them as if the district were developed without the discretionary density
bonus units.
[3]
The Planning Board may engage an attorney,
engineer, planning or other consultant to assist in review of the
application, the cost of which will be borne by the applicant. If
an escrow account has already been established for a particular application,
such account may also be used to cover costs related to review of
a density bonus request provided that additional funds shall be deposited
in such account to cover costs related to the review of the bonus
request above and beyond those needed for other site plan, special
use, or subdivision reviews.
[4]
All applicable requirements of SEQR shall
be complied with as part of the review process.
[5]
The Planning Board shall hold a public hearing,
noticed in the official newspaper of the Town of Ballston. Within
45 days of the close of the public hearing and completion of the SEQRA
process, the Planning Board may approve, approve with modifications
or conditions, or deny the requested density bonus application. A
written statement of the findings shall be prepared by the Planning
Board documenting the basis of its decision. The findings will include,
but not be limited, to the following:
[a]
That the proposed density adjustments
would not have a significant adverse impact on the property, or to
adjoining property, or to the neighborhood in which the property is
situated.
[b]
SEQRA. That all requirements
of SEQRA have been met.
[c]
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.
[d]
That the project is in harmony
with the purpose and intent of this chapter, and that the project
is sufficiently advantageous to render it appropriate for grant of
additional incentives and that the project will add to the long-term
assets of the Town of Ballston.
[e]
That the use of additional density
bonuses for the particular project is consistent with the Comprehensive
Plan.
B.
Consistency in dwelling units. Dwelling units constructed
using density bonuses shall be compatible with the design or use of
all other units in terms of appearance, materials, and finish quality.
C.
In addition to participation in the PDR program
to gain residential density bonuses, applicants may also participate
in the Town's Green Energy Incentive Program. A reduction in
PDR fees as per Table 2 for residential participants has been established
as a further incentive to residential developers to provide green
energy initiatives within a residential development.
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Table 1. Incentive Schedule for Commercial and Residential PDR
Participants
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|---|---|---|---|---|
|
Type of Bonus
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District Where Bonuses Can be Applied
|
Density Allowed Without Bonus (base density)
|
Density Bonus Allowed
|
Commercial and Residential Minimum Lot Sizes or Maximum Building
Square Footage with Bonus Applied (Note that 1 residential unit allowed
as bonus unit per 1 PDR fee)
|
|
Residential unit
|
Ballston Lake Residential
|
One single-family dwelling unit per 2 acres regardless of whether
water and sewer services provided; conservation subdivision required,
and traditional neighborhood design optional, for major subdivision
|
100% of base density allowed:
a) As-of-right bonus = base density plus up to 50% of base density
(See Reader's Aid box for example)
b) Planning Board approved bonuses = base density plus up to
50% of base density
|
With water and sewer provided, the minimum lot size for all
units shall be one dwelling unit per 1/3 acre with conservation subdivision
required, and traditional neighborhood design optional, for major
subdivision
|
|
Residential Unit
|
Hamlet
|
1-acre minimum lot size without water and sewer; 1/2-acre minimum
lot size with water and sewer
|
100% of base density allowed:
a) As-of-right bonus = base density plus up to 75% of base density
(See Reader's Aid box for example)
b)Planning Board approved bonuses = base density plus up to
25% of base density
|
With water and sewer provided, the minimum lot size shall be
10,000 square feet
|
|
Commercial square footage
|
Mixed Use Route 50/67
|
10,000 square foot maximum building footprint
|
Up to 30,000 additional square foot of building footprint
|
40,000 square foot maximum building footprint
|
|
Commercial square footage
|
Mixed Use Ballston Lake
|
2,000 square foot maximum building footprint
|
Up to 3,000 additional square foot of building footprint
|
5,000 square foot maximum building footprint
|
|
Commercial square footage
|
Business
|
5,000 square foot maximum building footprint
|
Up to 10,000 additional square foot of building footprint
|
15,000 square foot maximum building footprint
|
|
Reader's Aid Box. Example of Density Bonus Calculation.
| |
|
An 80-acre parcel located in the Ballston Lake Residential District
has no environmental sensitivities and so all 80 acres are available
for development.
| |
|
•
|
The density allowed in this district is 1 dwelling unit per
2 acres.
|
|
•
|
This parcel's base density is 40 dwelling units.
|
|
•
|
The maximum density bonus with PDR fees paid (as-of-right) is
50% of 40 base dwelling units, or 20 bonus dwelling units. The total
number of dwelling units allowed, with PDR fees paid, as-of-right
would be 60 (40 plus 20).
|
|
•
|
The maximum number of dwelling units allowed, with PDR fees
paid and with Planning Board Approval is 40 base units plus 40 bonus
units (100% of base density), or 80 dwelling units.
|
|
Note that conservation subdivision design would be required,
but this does not impact the density allowed. However, use of density
bonus units with water and sewer provided would allow those units
to be placed on smaller lots (a minimum of 1/3 acre). The conservation
subdivision design controls how the units are organized on a parcel,
not the number of units. Practically, the number of units may be limited
based on site and environmental conditions and available infrastructure.
| |
D.
Green energy incentive program. This program is
established to incentivize application of energy efficient practices
in the Town of Ballston.
(1)
Residential density bonuses. For residential
uses, participation in the Town of Ballston Green Energy Incentive
Program allows participants to receive a discount on the PDR fee paid
for residential density bonuses. PDR fees as established by the Town
Board shall be reduced as per Table 2, below, for residential development
participation in the Town of Ballston Green Energy Incentive Program.
(2)
Square footage bonuses. For commercial uses,
the maximum building footprint of a nonresidential structure may be
increased only through participation in the PDR program by paying
PDR fees as established by the Town Board, and by providing for energyx
efficient practices in the development as per Table 2, below.
(a)
The square footage of a commercial building
may be increased only up to the maximum size allowed as per Table
1 (Incentive Schedule, above). Square footage increases shall be applied
as-of-right according to Table 2, below, provided all fees and other
requirements of this article are met.
(b)
Commercial building square footage incentives
shall be awarded based upon points earned for providing various green
energy initiatives as follows in Table 2. Specific green energy initiatives
and related point value shall be those as established and periodically
updated, as a Green Energy Incentive Methods and Points Schedule by
the Town Board. Maximum square footage incentives as established in
Table 1 (above) can be earned by providing at least 12 points, as
per Table 2, below.
|
Table 2. Commercial Structure Square Footage Bonuses and PDR
Fee Reduction Schedule
| ||
|---|---|---|
|
Points Earned for Providing Green Energy Initiatives
|
Percent of Square Footage Increase Allowed for Commercial Uses
When Green Energy Incentives Are Incorporated
|
PDR Fee Reduction Earned for Residential Developments When Green
Energy Incentives Are Incorporated
|
|
3 points
|
Up to 25% of square footage bonus allowed (from Table 1)
|
10% reduction of fee
|
|
6 points
|
Up to 50% of square footage bonus allowed (from Table 1)
|
20% reduction of fee
|
|
9 points
|
Up to 75% of square footage bonus allowed (from Table 1)
|
40% reduction of fee
|
|
12 points or more
|
Up to 100% of square footage bonus allowed (from Table 1)
|
50% reduction of fee
|
