[Added 9-13-1999 by L.L. No. 5-1999]
The purpose of this article is to provide for
a system of zoning incentives for the provision of amenities or benefits
that advance the Village's specific physical, cultural and social
policies in accordance with the Comprehensive Plan and other Village
planning mechanisms and land use techniques, all as provided in Article
7 of the Village Law, as amended.
The provisions of this article shall be applicable
to all use districts in the Village of Fairport.
A.
The following are amenities eligible for consideration
hereunder:
(1)
Industrial and commercial development.
(2)
Elder care.
(3)
Child care.
(4)
Infrastructure improvements (e.g., roads, parking
facilities).
(5)
Parkland, open space.
(6)
Cultural or historic sites.
(7)
Senior housing.
(8)
Affordable housing.
(9)
Other facilities or benefits to the Village residents.
(10)
Combination of the above and/or cash in lieu
thereof.
B.
Amenities may be provided on or off site.
C.
Amenities otherwise required by law shall not be eligible
for consideration hereunder.
As an incentive for the provision of amenities,
the Village Board may offer the following incentives or any combination
thereof:
The Village Board shall establish an Incentive
Zoning Review Committee comprising the Village Administrator, two
members of the Zoning Board of Appeals, two members of the Planning
Board and two members of the Village Board. Members of the Incentive
Zoning Committee shall serve at the pleasure of the Village Board.
A.
Applications for incentives in exchange for amenities
shall be submitted to the Village Board. The applicant shall provide
the following information with the request:
(1)
Description of proposed amenity.
(2)
Cash value of proposed amenity.
(3)
Exhibits containing:
(a)
Description of benefits to the community of
the proposed amenity.
(b)
Statement that there are adequate existing public
facilities (including transportation, water supply, waste disposal
and fire protection) to service the site if developed to full potential.
(c)
Statement that the proposed exchange of amenities
for incentives will have no significant environmentally damaging consequences
and whether mitigating or remediating measures are proposed.
(d)
Statement that the proposed exchange of amenities
for incentives is compatible with the development otherwise permitted.
B.
The Village Board shall consider the submission and
determine whether further review is warranted. If the Village Board
determines further review is warranted, it shall forward the submission
to the Incentive Zoning Committee and notify the applicant that further
submissions in accordance with this article should be made to the
Incentive Zoning Committee.
B.
Each plot plan shall contain the following information,
and such other data as may be requested by the Incentive Zoning Committee
to permit a proper evaluation of the proposal:
(1)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration and all
properties within 500 feet of the applicant's property.
(2)
If grades exceed 3% or if portions of the site have
a moderate to high susceptibility to erosion or a moderate to high
susceptibility to flooding and ponding, a topographic map, showing
contour intervals of not more than five feet of elevation.
(3)
Site map showing the following information:
(a)
The title of the drawing, including the name
and address of the applicant.
(b)
The North point, scale and date.
(c)
The boundaries of the property plotted to scale.
(d)
The existing watercourses.
(e)
The location, proposed use and height of all
buildings; the location of all parking and truck loading areas, with
access and egress drives thereto; the location of outdoor storage,
if any; the location of all existing or proposed site improvements,
including drains, culverts, retaining walls and fences; a description
of the method of sewage disposal and the location of such facilities;
the location and size of all signs; the location and proposed development
of buffer areas; and the location and design of lighting facilities.
In addition, the site plan must state the gross floor area and net
floor area for each building and delineate and state the area of each
use therein, including flex space, if any.
(f)
A tracing overlay shall be provided showing
all soil areas and their classifications and those areas, if any,
with a moderate to high susceptibility to erosion. For areas with
potential erosion problems, the overlay shall also include an outline
and description of existing vegetation.
C.
The Incentive Zoning Committee may, in its discretion,
waive such of the foregoing as may not be necessary for a proper review
of the application.
A.
The Incentive Zoning Committee shall review a complete
submission and report to the Village Board its opinion whether:
(1)
The proposed amenity/incentive exchange is consistent
with the Comprehensive Plan.
(2)
The proposed amenity/incentive exchange is suitable
for the site.
(3)
The proposed amenity/incentive development is compatible
with adjoining land uses and improvements.
(4)
The proposed amenity/incentive exchange is in the
best interests of the Village.
B.
The Incentive Zoning Committee shall issue its report
within 62 days after receipt of a complete submission or such other
time as the Village Board may determine.
A.
The Village Board shall review the report of the Incentive
Zoning Committee for the purpose of determining whether further proceedings
should be had thereon and shall notify the applicant of such determination.
B.
Should the Village Board determine a need for further
proceedings, it shall:
(1)
Comply with the provisions of the State Environmental
Quality Review Act (SEQR).
(2)
Evaluate the effects of potential incentives which
are possible by reason of amenities, provided that the zoning district
contains adequate resources, environmental quality and public facilities
(including adequate transportation, water supply, waste disposal and
fire protection).
(3)
Consider whether there will be environmentally damaging
consequences and that such incentives or bonuses are compatible with
the development otherwise permitted.
(4)
Consider whether the offered amenities are a sufficient
quid pro quo for the zoning incentives requested.
C.
Prior to its final decision, and in conjunction with
SEQR review and making the determinations specified in the preceding
paragraph, the Village Board shall conduct at least one public hearing,
and such other public hearings as it may deem advisable in fulfilling
its responsibilities hereunder, each on notice published in the official
newspaper of the Village at least five days (or 14 days, if a draft
environmental impact statement or supplemental impact statement was
required) prior thereto.
D.
Upon completion of the public hearings and termination
of the SEQR process, the Village Board shall approve, approve with
modifications or deny the proposed incentive zoning application. Such
action shall include a statement of findings that:
(1)
All requirements of SEQR have been met.
(2)
The proposed project, including the incentive, can
be supported adequately by public facilities available or provided
as a result of the project, including sewer, water, transportation,
waste disposal and fire protection, without diminishing the availability
of such services for projects permitted as a matter of course.
(3)
The public benefit is compatible with the purpose
and intent of this chapter; that the project is sufficiently advantageous
to make it appropriate for the grant of the requested incentive; and
that the project will enhance the long-range asset-base of the Village.
(4)
The use of incentive zoning in the particular instance
is consistent with the Comprehensive Plan.
E.
Should the Village Board grant a request for incentive zoning (either with or without modification), the Planning Board of the Village of Fairport is authorized to entertain and act upon an application for preliminary site plan and/or subdivision approval pursuant to this chapter and/or Chapter 455, Subdivision of Land, of the Code of the Village of Fairport.
