[Added 6-27-2006 by L.L. No. 2-2006]
A.
Purpose. 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 specific policies
in accordance with the Town of Sweden's Comprehensive Plan and in
coordination with other community planning mechanisms or land use
techniques.
B.
Objectives. This authority may be used by the Town
Board to assist the following objectives from the Town's Comprehensive
Plan:
(1)
To protect highly valued ecological resources and
environmentally sensitive areas.
(2)
To protect active farm operations.
(3)
To preserve greenways and important open spaces, develop
a Sweden 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 growing
areas in a carefully planned manner with a design quality reflecting
the values of the community and with a secondary benefit of relieving
some traffic congestion in other areas of the Town.
(6)
To secure important public works improvements which
would not otherwise be provided, such as extending sidewalks, connecting
residential areas with schools, or providing stormwater detention
and treatment basins in excess of that necessitated by immediate project
demand.
C.
Authority. 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.
D.
Applicability. Except as specifically limited herein,
this article will apply to all zoning districts in the Town of Sweden.
As used in this article, the following terms
shall have the meanings indicated in the following definitions:
The Town of Sweden Comprehensive Plan Update and Generic
Environmental Impact Statement, if any, as amended from time to time.
The system by which specific incentives are granted, pursuant
to § 261-b of the Town Law and the provisions of this article,
on condition that specific physical, social or cultural benefits or
amenities would inure to the community.
A preliminary, nonbinding 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 residential unit density.
B.
Development of current residential unit density over
a full parcel, as long as an equivalent amount of the open space that
would have been required is provided for elsewhere.
C.
Changes in lot area and dimensional requirements.
D.
Changes of use.
E.
Development of properties with mixed uses, including
various density residential, various specialty residential, such as
senior citizen, affordable housing and assisted living, and commercial
retail and hospitality uses.
F.
Reduction/elimination of recreation fees.
G.
Reduction of road construction standards applied under Chapter A177, Subdivision of Land; for example, permitting a slightly narrower pavement width to serve a limited development project.
H.
Wind energy conversion systems pursuant to Sweden Town Code Chapter 173, Tier 3 solar energy systems pursuant to Sweden Town Code Chapter 174 and Tier 2 battery energy storage systems pursuant to Sweden Town Code Chapter 176 (said Tier 2 battery energy storage buildings being only permitted in industrial zones).
[Added 11-30-2021 by L.L.
No. 11-2021]
A.
The following community benefits or amenities may, at the discretion of the Town Board, be accepted in exchange for an incentive as provided in § 175-19. These community 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 or other permanent conservation easements.
(2)
Donations of land in fee simple for conservation and
other community benefit purposes.
(3)
Construction of recreation amenities, serving a Town-wide
need, accessible to the general public, above and beyond that otherwise
required by this chapter or by state law.
(4)
Construction or improvement to public works above
and beyond that required to mitigate proposed impacts in accordance
with SEQRA and the Town Code.
(5)
Preservation and improvements of historical or cultural
sites or structures.
(6)
Other facilities or benefits to the residents of the
community, as determined by the Town Board.
(7)
Any combination of the above-listed community benefits
or amenities.
(8)
Donations of funds in place of other amenities, where
the Town Board considers such substitution more readily conducive
to furthering the goals of this incentive zoning law, or in combination
with other amenities where the Town Board finds such configuration
appropriate.
B.
These amenities will be in addition to any mandated
requirements pursuant to other provisions of the Town of Sweden Code
and any other applicable law or regulation.
A.
The particular incentive granted will be in relative
proportion to the value and importance of the amenity provided, as
determined by the Town Board at the time of application.
B.
Residential unit density increases will be granted
in percent increments not to exceed 100% of the original zoned density
for the particular parcel receiving the density increase.
C.
Mixed-use projects shall be configured in use proportions
as determined by the Town Board with a view toward striking a balance
of uses so as to create mutual and interdependent functions.
A.
Optional preapplication review. It is recommended
that the applicant meet informally with Town support staff and consultants
prior to completion of an application for purposes of gathering information
for the proposed amenity/incentive exchange. The applicant is advised
to review the Comprehensive Plan, the Resource Inventory and Evaluation
Report and any other materials the Town may have on file regarding
the incentive zoning program
B.
Applications. Applications for incentives in exchange
for amenities will be submitted to the Town Board in accordance with
adopted procedures for requests to amend this chapter. The application
will include the following information:
(1)
The requested incentive.
(2)
The proposed amenity.
(3)
The estimated cash value of the proposed amenity.
(4)
A narrative which demonstrates the following:
(a)
The benefits to the community from the proposed
amenity.
(b)
Consistency with the goals and objectives of
the Town's Comprehensive Plan.
(c)
The relative importance of and need for the
amenity.
(d)
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, if it is an on-site amenity, may place
on these facilities beyond the demand that would be placed on them
if the district were developed to its fullest potential exclusive
of the incentive zoning proposed.
(e)
That all conditions and other applicable requirements
of the law are met.
(5)
Any other information or support materials as needed
or requested by the Town Board.
C.
Review by Town Board. Within 45 days of submission of an 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. With a supporting determination, the proposed application will be transferred to the Planning Board, provided that all consultant fees shall have first been paid by the applicant.
D.
Advisory referral to Planning Board.
(1)
The application will be submitted to the Planning
Board for its nonbinding advisory opinion to the Town Board. The review
at this stage is intended to obtain the input of the Planning Board
for the subject land use decision. It is not intended to serve as
a site or subdivision review, which would only occur after a decision
by the Town Board on the incentive zoning request.
(2)
The Planning Board will schedule a public workshop
on the application, which may be conducted as part of its regularly
scheduled meeting. The intent of the workshop is to share information
between the applicant, the Planning Board and interested members of
the public. The workshop will not supplant the formal hearing which
will be conducted by the Town Board later in the review process.
(3)
Within 45 days of receipt of the application from
the Town Board, the Planning Board will prepare an advisory report
to the applicant and the Town Board. The Planning Board's report will
describe the beneficial aspects of the proposal and make recommendations
for the amelioration of any adverse aspects of the proposal. The Planning
Board's report and the application will then be transferred back to
the Town Board for its final decision on the application.
E.
Compliance with SEQRA.
(1)
Every decision by the Town Board concerning an application
for use of incentive zoning on a particular project will fully comply
with the provisions of SEQRA.
(2)
The applicant will submit an environmental assessment
form, Part 1, to the Town Board after the referral by the Planning
Board.
(3)
The Town Board will establish itself as SEQRA lead
agency for all applications submitted pursuant to this article.
(4)
If a generic environmental impact statement has been
prepared by the Town Board in enacting or amending this article, the
applicant will pay a proportionate share of the cost of preparing
such impact statement.
F.
Public hearing by Town Board. Prior to its final decision
and in conjunction with its SEQRA review, the Town Board will conduct
a public hearing in accordance with the standard procedures for adoption
of an amendment to this chapter. At least five days' notice (14 days
if a draft environmental impact statement or supplemental environmental
impact statement was required) of the time and place of the hearing
will be published in an official newspaper of the Town.
G.
Findings and final decision.
(1)
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:
(a)
SEQRA. That all requirements of SEQRA have been
met, including the required findings under that law and the regulations
promulgated thereunder.
(b)
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 Sweden Code.
(c)
Public benefit. That the public benefit realized
by the amenity provided by the applicant is commensurate with the
incentive granted by the Town Board.
(d)
Project quality. That the project is in harmony
with the purpose and intent of this article and with the stated objectives
and will promote the purposes herein, that the project is sufficiently
advantageous to render it appropriate for grant of an incentive and
that the project will add to the long-term assets of the Town of Sweden.
(e)
Comprehensive Plan. That the use of incentive
zoning for the particular project is consistent with the Comprehensive
Plan.
(2)
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.
H.
Plan review. Following the receipt of a favorable
decision by the Town Board, an application for approval may be submitted
pursuant to the applicable provisions of the Town of Sweden Code.
