[Added 1-13-1998 by L.L. No. 2-1998]
A. 
In accordance with § 7-703 of the Village Law of the State of New York, the Village Board is empowered to provide for a system of zoning incentives, as the Village Board deems necessary and appropriate, consistent with the purposes and conditions set forth in this section.
B. 
This article would provide incentives to the private sector to execute improvements to the Village of Manlius Commercial and Commercial 1 Districts in the Village as established in the Village of Manlius Commercial District Design Guidelines.[1]
[1]
Editor's Note: The Commercial District Design Guidelines are on file in the office of the Code Enforcement Officer.
The following are the primary objectives of this article:
A. 
Improved pedestrian environment, including street tree plantings, flower beds, widened walkways, bicycle paths, decorative streetlights, etc.
B. 
Removal of unwanted and unnecessary elements, including expansive pavement, excessive curb cuts and unattractive buildings.
C. 
Addition of new community assets, including new, appropriately designed buildings and site amenities and other improvements which will add to the ambiance and economic base of the community.
The following priority amenities may be provided either on or off the development site and may involve one or more parcels of land. The provision of a priority amenity(s) would render the project eligible to achieve a significant or minimal determination as set forth herein at § 99-48.
A. 
New construction: adding new buildings to the tax base and economic assets of the Village center or significant renovations to existing buildings that are compatible with the traditional character of the Village with respect to scale, massing and detail as set forth in the Commercial District Design Guidelines.
B. 
Historic buildings: adaptively reusing historic buildings.
C. 
Curb cut consolidation: consolidating the curb cuts into fewer numbers and providing alternative internal access for movement of vehicular traffic.
D. 
Traffic calming: traffic calming measures, such as installing bump outs, pedestrian crossing signal lights or designated pedestrian crossings.
E. 
Linkage: sharing parking areas and curb cuts and providing connections between them.
F. 
Open space: creating attractive pedestrian-oriented open spaces; expansion of green space and planting areas.
G. 
Trees: the planting of appropriate street trees.
H. 
Stream corridors: protecting and improving Limestone Creek and Perry Spring Brook with conservation easements, aesthetic improvements and trails.
I. 
Pedestrians/bicycling amenities: developing attractive pedestrian-oriented environments; building a bike path.
J. 
Amenities: providing plazas, outdoor dining courts, fountains, sculpture and other amenities at key locations.
K. 
Parking: creating convenient public parking.
L. 
Transit: providing park-and-ride lots, bus shelters and other commuter services.
M. 
Other: providing other similar amenities.
The following incentives may be provided:
A. 
Maximum lot coverage.
B. 
Modified parking or other site improvements.
C. 
Flexibility in lot area, yard setbacks and dimensional requirements.
D. 
Allowance for mixed uses/modifications to permitted uses.
E. 
Other reasonable modifications to Village zoning requirements.
A. 
General. The incentive granted shall be in relative proportion to the value and importance of the amenity, provided that is above and beyond the normal requirements of the jurisdictional zoning and other regulatory or policy requirements. The following conditions will apply as appropriate to the specific application:
(1) 
The proposed amenity will be determined by the Village Board in its written decision as either significant or minimal. Only projects determined to offer amenities of significant value will be considered for an incentive. The extent of the incentive awarded will be commensurate with the amenity provided.
(2) 
Road and parking standards waivers shall relate to parking demands of a project.
(3) 
Lot area and dimensions and land uses proposed shall be responsive to sound planning and design principles.
B. 
If the Village Board determines that a suitable community benefit or amenity is desirable but not immediately feasible or otherwise not practical, it may permit, in lieu thereof, a payment to the Village of a sum to be determined by the Board and provision made to deposit such sum in a trust fund to be used by the Village Board exclusively for specific community benefits authorized by the Village Board.
The Village Board shall follow its procedure for amending its Zoning Code and shall include the following:
A. 
Concept review with Village Board.
(1) 
After informal discussions with the Planning Board, the project sponsor may submit a proposed application for incentive zoning to the Village Board, with a copy to the Planning Board. The application would describe in text and in a plan the following:
(a) 
The proposed amenity(s) and its value in terms of dollars and/or contribution to the enhancement of the Village.
(b) 
The proposed zoning incentive(s) to be received.
(c) 
A brief narrative describing the proposed amenity(s) to be provided and incentive(s) requested for the project as proposed. The narrative should reflect the accomplishment of the Village's goals as set forth in the Commercial District Design Guidelines and how one or more of the conditions and other applicable requirements of this section are met and should include reference to the relative importance and need for the amenity offered, using the Design Guidelines and other Village policy references, as appropriate.
(d) 
Documentation that the site for proposed receipt of the incentive(s) has adequate resources, environmental quality and community facilities' capacity to support the proposed use; provide maps, sketches and other graphic support material as needed.
(e) 
A sketch plan showing the project and proposed amenity. (Note: to expedite review, the Village Board may waive submission of any detailed technical information it deems nonessential at this early stage.)
(f) 
Completed environmental assessment form.
(g) 
The Planning Board's preliminary recommendation as to the application.
(2) 
As soon as practical following the submission of the application, the Village Board shall prepare a brief response to the proposal outlining, in writing, the Board's determination as to whether the proposal is worthy of further consideration and the basis for that determination. The Village Board may engage a consultant to assist in review of the application. Suggested modifications to the proposal would also be provided by the Village Board to the applicant. With a supporting determination, the proposed application would be returned to the Planning Board for further review.
B. 
Planning Board review.
(1) 
After receipt of the report of the Village Board, the sponsor will submit a preliminary site development plan to the Planning Board, incorporating the comments of the Village Board. This plan would include an illustration of the proposed development with the additional amenities and incentives requested. The application shall be referred to other agencies for input as appropriate.
(2) 
Following its review, but prior to final site development plan approval, the Planning Board shall prepare an advisory report to the Village Board, with a copy to the sponsor. The report will describe the beneficial aspects of the proposal and make recommendations for the amelioration of the adverse aspects of the proposal.
C. 
Public hearing by Village Board.
(1) 
The Village Board will hold a public hearing and follow its standard procedure for adoption of an amendment to its Zoning Code. At least five days' (14 days' for a hearing involving a draft or supplemental environmental impact statement) notice of the time and place of the hearing shall be published in the official newspaper of the Village.
(2) 
The plan submitted, depicting the parcel(s) subject to the application, shall also serve as the basis for an amendment to the Village Zoning Map, adopted in connection with an approved incentive zoning project.
D. 
Findings and decision. Following the hearing and completion of the state environmental quality review (SEQR) process for the incentive zoning action, the Village Board would approve, approve with modifications or deny the proposed incentive zoning application. A written statement of findings would be prepared by the Village Board documenting the basis of its decision as required by law. The findings of the Board would include but not be limited to:
(1) 
SEQR: that all requirements of the state environmental quality review act have been met, including the required findings.
(2) 
Development capacity: that the development plan can be adequately supported with the public facilities available or provided as a result of the project, without undue use of available system capacity.
(3) 
Public benefit: that the public benefit gained by the amenity(s) provided by the project sponsor is commensurate with the incentive(s) provided by the Village.
(4) 
Other: other findings required by state law, if any.
E. 
Final review by Planning Board. Following the receipt of a favorable decision by the Village Board, the sponsor shall submit a final site development plan to the Planning Board. This stage would illustrate and refine the applicant's specific proposal, modified from the original as appropriate addressing the findings and decision of the Village Board. The review process would continue in accordance with established procedures for review of final subdivision/site plan/special use permits as applicable.