All development projects must comply with the
dimensional requirements set forth below. All requirements are defined
in the definitions article of this chapter.
[Amended 5-21-2009 by L.L. No. 4-2009]
A. Purpose and objectives. It is the purpose of this section of the
Town of Colonie Land Use Law to authorize the Planning Board to grant
incentives to project sponsors during the plan review process. Such
incentives shall advance the Town's comprehensive planning policies
and provide opportunities to preserve open spaces in the Town with
an approximate equivalence between the open space that may be lost
or gained, as articulated in the Town's Comprehensive Plan and other
current planning studies.
B. Authority of the Planning Board. Incentive zoning provisions may
be used by the Planning Board to further the following Town objectives:
(1) To protect the Town's important natural resources such as stream
corridors, steep slopes, floodplains, wetland systems, wildlife habitats
and unique ecosystems.
(2) To encourage the conservation of viable farmland and significant
open spaces.
(3) To develop a network of open lands to provide wildlife habitat and
potential recreational trail corridors, connections, and pathways.
(4) To protect the Town's significant cultural and historic resources.
(5) To focus development and redevelopment into mixed-use centers.
(6) To ensure that all development occurs in an ecologically sound manner
so that the Town can improve air and water quality.
(7) To protect viewsheds, scenic roads and environmentally sensitive
lands.
(8) To encourage the use of conservation development throughout the Town
but particularly in environmentally sensitive or ecologically unique
areas such as the Albany Pine Bush, the Mohawk and Hudson Rivers and
tributaries, the Town's creeks, the Ashford Glen Preserve, Ann Lee
Pond and Shaker Heritage Site, Kettle Bog, Stump Pond and other significant
areas.
(9) To protect and enhance the Town's recreational resources.
(10)
To provide public access to protected open spaces.
(11)
To allow for an increased density of both commercial and residential
development while enhancing and protecting a diversity of housing
types.
C. Applicability. Incentives for increased density may only be used
in the following districts as shown on the Town of Colonie Zoning
Map: Office Residential (OR), Commercial Office (CO), Neighborhood
Commercial Office Residential (NCOR), Commercial Office Residential
(COR), Highway Commercial Office Residential (HCOR), Airport Business
Area (ABA), and Industrial (IND).
D. Incentive standards.
[Amended 3-24-2016 by L.L. No. 2-2016]
(1) The Planning Board may grant reductions in the minimum green space
requirement in increments of 5%.
(2) Required green space shall not be reduced below 15%.
(3) Residential density shall not exceed eight dwelling units per acre.
(4) The Planning Board in its discretion may grant an increase in project
density for commercial or mixed-use projects up to 24,000 square feet
of gross floor area (GFA) per acre.
(5) If the lot where the incentive is requested is in more than one district,
the provisions for the more restrictive district shall apply.
(6) If a project seeks incentive zoning for both density increase and
green space reduction, then both fee schedules shall apply.
(7) In mixed-use developments, 3,000 gross square feet of commercial
space shall equal one dwelling unit.
(8) Owners of previously developed parcels of land containing less than
the 35% minimum green space required by the zoning standards (190
Attachment 2), but at least meeting the 15% green space required by
this section may be permitted by the Planning Board to redevelop the
parcel without fine or penalty so long as the redeveloped parcel maintains
or exceeds its current percentage of green space. A "previously developed
parcel of land" is one that met the zoning and site plan requirements
in effect at the time it was approved and has been lawfully developed
and maintained thereafter.
(9) Previously developed parcels of land with a density greater than
18,000 square feet per acre but less than the 24,000 square feet of
GFA per acre may be redeveloped without fine or penalty so long as
the redeveloped parcel maintains or decreases its current density.
A "previously developed parcel of land" is one that met the zoning
and site plan requirements in effect at the time it was approved and
has been lawfully developed and maintained thereafter.
E. Amenities.
[Amended 9-27-2012 by L.L. No. 10-2012; 3-24-2016 by L.L. No. 2-2016]
(1) The following amenities may be accepted in exchange for an incentive
as provided above. These amenities may be located either on the same
lot as the project or located on another lot and may involve one or
more parcels of land. Amenities other than cash may be located anywhere
in the Town of Colonie; however, the Planning Board may reject amenities
that are not of sufficient and equitable value to merit an incentive.
(a)
Permanent conservation easements: agricultural conservation,
open space, scenic, ecological, historic or other types of permanent
conservation easements. Proof of recording of easement is required
prior to issuance of any building permit in connection with an incentive
zoning proposal.
(b)
Permanent protection of land in fee simple for conservation
and other community benefit purposes. Proof of transfer of ownership
is required prior to issuance of any building permit in connection
with an incentive zoning proposal.
(c)
Cash in accordance with the incentive unit schedules adopted
by the Town Board, paid into the Town of Colonie's dedicated amenity
zoning fund account, for use by the Town exclusively for the permanent
protection of open space and/or environmental remediation in Colonie.
Proposed cash must be placed in an escrow account to be held by the
Town prior to issuance of any building permit in connection with an
incentive zoning proposal.
(d)
Any other amenity, including donations of materials, services
or both, and including other improvements deemed by the Town Board
to be a benefit to the community and the people of the Town of Colonie,
whether situate on public or private property, which is determined
to be of sufficient value to merit an incentive.
(e)
Any combination of the above.
(2) These amenities will be in addition to any other mandated requirements
pursuant to other provisions of the Town of Colonie Code and any other
applicable law or regulation.
(3) The Town of Colonie Town Board shall adopt incentive unit schedules
for both green space reduction and density increase, which it shall
update as needed, establishing the minimum monetary value for each
incentive unit. Incentive units for green space shall be valued based
on reduction in the amount of required site green space, in increments
of 5% of the total area of the site. The minimum value for each 5%
green space reduction shall be based on an escalating scale where
each additional 5% shall be valued at least 30% more than the prior
5%. Reductions of less than 5% shall be valued proportionately within
each increment. Incentive units for density shall be valued based
on the additional land area necessary to result in a density of 18,000
square feet per acre. The incentive unit schedules should be updated
annually, but if not updated the prior schedules shall remain in effect.