[Added 9-10-2012 by L.L. No. 3-2012]
A.
Purpose and objectives.
(1)
It is the purpose of this section 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 Ontario's Comprehensive Plan and in coordination with other community
planning mechanisms or land use techniques.
(2)
This authority may be used by the Town Board to assist the following
objectives from the Town's Comprehensive Plan:
(a)
To protect highly valued ecological resources and environmentally
sensitive areas.
(b)
To protect active farm operations.
(c)
To preserve greenways and important open spaces, develop the
Ontario Trail System, preserve historic and archaeological resources
and protect high-quality scenic resources.
(d)
To provide a sound mix of housing types.
(e)
To promote provision of neighborhood services in growing areas
in a carefully planned manner with a design quality reflecting the
values of the community, with a secondary benefit of relieving some
traffic congestion in other areas of the Town.
(f)
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.
B.
Authority.
(1)
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.
C.
Applicability.
(1)
Except as specifically limited herein, this section will apply to
all districts in the Town of Ontario.
D.
COMPREHENSIVE PLAN
INCENTIVE ZONING
REVIEW
SEQRA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Town of Ontario Comprehensive Plan, 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 chapter,
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.
E.
Permitted incentives. The Town Board may grant the following specific
incentives:
(1)
Increases in residential unit density.
(2)
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.
(3)
Changes in lot area and dimensional requirements.
(4)
Changes of use.
(5)
Reduction/elimination of the recreation fee required under the Town
of Ontario fee schedule.
(6)
Reduction of road construction standards.
F.
Community benefits or amenities.
(1)
The following community benefits or amenities may, at the discretion
of the Town Board, be accepted in exchange for an incentive as provided
in this section. 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 section:
(a)
Agricultural conservation, open space, scenic, ecological, historic
or other permanent conservation easements.
(b)
Donations of land in fee simple for conservation and other community
benefit purposes.
(c)
Construction of recreation amenities, serving a Town-wide need,
accessible to the general public.
(d)
Construction or improvement to public works above and beyond
that required to mitigate proposed impacts in accordance with SEQRA
and this Code.
(e)
Preservation and improvements of historical or cultural sites
or structures.
(f)
Other facilities or benefits to the residents of the community,
as determined by the Town Board.
(g)
Any combination of the above-listed community benefits or amenities.
(2)
Community benefits or amenities are in addition to any mandated requirements
pursuant to other provisions of the Town of Ontario Code and any other
applicable law or regulation.
G.
Special condition.
(1)
The particular incentive granted shall be in relative proportion
to the value and importance of the amenity provided, as determined
by the Town Board at the time of application.
H.
Criteria and procedure for approval.
(1)
Optional preapplication review. It is recommended that an applicant
meet informally with Town Building and/or Economic Development Department
staff prior to completion of an application, for the purpose of gathering
information for the proposed amenity/incentive exchange. Applicants
are advised to review the Comprehensive Plan and any other materials
the Town may have on file regarding the incentive zoning program.
(2)
Applications for incentives in exchange for amenities shall be submitted
to the Town Board in accordance with adopted procedures for requests
to amend this chapter. All applications shall include the following
information:
(a)
The requested incentive.
(b)
The proposed amenity.
(c)
The estimated cash value of the proposed amenity.
(d)
A narrative demonstrating the following:
[1]
The benefits to the community from the proposed amenity.
[2]
Consistency with the goals and objectives of the Town's Comprehensive
Plan.
[3]
The relative importance and need for the amenity.
[4]
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 those
facilities beyond the demand that would be placed on them if the district
were developed to its fullest potential.
[5]
That all conditions and other applicable requirements of the
law are met.
(e)
Any other information or support materials as needed or requested
by the Town Board.
(3)
Review by Town Board. Affected properties shall be properly posted
with public notice that the parcel(s) will be reviewed at a public
meeting by the Town Board. Within 45 days of submission of an application,
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 referred to the Planning Board for its advisory opinion.
(4)
Advisory referral to Planning Board.
(a)
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.
(b)
The Planning Board will schedule a public workshop on the application,
which may be conducted as part of a 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.
(c)
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.
(5)
Compliance with SEQRA.
(a)
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.
(b)
The applicant will submit an Environmental Assessment Form,
Part 1, to the Town Board after the referral by the Planning Board.
(c)
The Town Board will establish itself as SEQRA lead agency for
all applications submitted pursuant to this section.
(d)
If a generic environmental impact statement has been prepared
by the Town Board in enacting or amending this section, the applicant
will pay a proportionate share of the cost of preparing such impact
statement.
(6)
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 the zoning ordinance or local law. 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.
(7)
Findings and final decision.
(a)
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:
[1]
SEQRA. That all requirements of SEQRA have been met, including
the required findings under that law.
[2]
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 Ontario Code.
[3]
Public benefit. That the public benefit realized by the amenity
provided by the applicant is commensurate with the incentive granted
by the Town Board.
[4]
Project quality. That the project is in harmony with the purpose
and intent of this section 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 Ontario.
[5]
Comprehensive Plan. That the use of incentive zoning for the
particular project is consistent with the Comprehensive Plan.
(b)
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 (e.g., imposing a time limit
duration for the incentive zoning approval).
I.
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 this Code.
