The purpose and intent of these provisions is to offer incentives
to applicants who provide amenities that assist the city in implementing
the specific physical, cultural, economic development and social policies
of the Comprehensive Development Plan of the City of Olean as supplemented
by the local laws and ordinances adopted by the common council, all
in accordance with Section 81-b of the General City Law of the State
of New York.
For this purpose the Industrial (I), General Industrial (12)
and City Center (CC) Use Districts are designated as eligible for
zoning incentives. Incentives may be offered to applicants who offer
an acceptable amenity to the city in exchange for the incentive.
Amenities for which Incentives may be offered in the I, 12 and
CC Districts may be provided either on or off the site of the applicant's
primary proposal and may include:
1.
Affordable housing;
2.
Passive and active open space and related improvements;
3.
Parks and plazas;
4.
Child care or adult care facilities;
5.
Utilities;
6.
Parking or road improvements for use by the general public;
7.
Health or other human service facilities;
8.
Cultural, visitor or historic facilities;
9.
Building or facade improvements in accordance with guidelines adopted
by the common council of the City of Olean;
10.
Other facilities or benefits to the residents of the community; and
11.
Any combination of amenities and/or cash in lieu of any amenity.
The following incentives may be granted by the common council
to the applicant on a specific site:
Applications for incentives in exchange for amenities shall
be submitted to the common council through the code enforcement officer
of the city, who shall also notify the department of community development
of such application, and the common council shall evaluate the adequacy
of amenities to be accepted in exchange for the requested incentive.
The following information shall be provided by the applicant
to the common council:
1.
A description of the proposed amenity;
2.
The cash value of the proposed amenity;
3.
A narrative which describes the benefits to be provided to the community
by the proposed amenity; gives preliminary indication 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 as if the district were developed to
its fullest potential; and explains how the amenity helps implement
the physical, social, economic development or cultural policies of
the comprehensive development plan as supplemented by other local
laws and ordinances adopted by the common council.
4.
The requested incentive or incentives. The common council shall refer
all applications to the planning board for its review and comment.
The common council shall review the proposal and inform the
applicant whether or not the application is complete and whether the
application is worthy of further consideration. If the application
is deemed to be worthy of further consideration, the common council
shall prepare a resolution with required minimum sponsorship and submit
that together with two sketch plans prepared by the applicant to the
planning board.
The first sketch shall show how the site will be developed with
the amenity, if it is on-site, and the incentive. The plan shall also
show existing development, property owner's names and tax account
numbers for all property within 200 feet of the property lines of
the proposed project or such other distance specified by the common
council.
If the incentive will result in a structural height increase,
the applicant shall submit an elevation drawing at a scale of 1/4
inch equal one inch which shows the height permitted by the district
regulations, the proposed additional height, the distance to other
principal structures on-site and on adjacent properties and their
heights, as well as property line locations.
If the incentive will result in a setback or open space reduction,
the drawing shall show this reduction in relation to the principal
structures on-site and on adjacent properties, as well as property
line locations.
The second sketch plan should show existing development, property
owners' names, and tax account numbers for all property within
200 feet of the property line at the project site, or such other distance
as specified by the common council; but shall only show how the site
would be developed exclusive of any amenity or incentive.
The applicant shall also submit such additional information
and plans as may be required by the planning board which, in its judgment,
are necessary in order to perform a thorough evaluation of the proposal.
The planning board shall review the proposal and report to the
common council with their evaluation of the adequacy with which the
amenity or amenities and incentives fit the site and how they relate
to adjacent uses and structures. The planning board's review
shall be limited to the planning, design and layout considerations
involved with project review and such other issues as may be specifically
referred by the common council. The planning board's report shall
be submitted to the common council within 70 days from the date the
application by the applicant to the common council is determined to
be complete. This time period may be extended/suspended for good cause
by the common council.
The common council will review the planning board's report.
The common council will notify the applicant whether it is willing
to further consider the proposal and hold a public hearing thereon.
For common council public hearings on incentive zoning requests,
the city clerk shall give notice of the hearing in the official newspaper
of the city at least 10 days prior to the date of the hearing.
All applicable requirements of the State Environmental Quality
Review (SEQR) Act shall be complied with as part of the review and
hearing process. In addition to other information that may be required
as part of an environmental assessment of the proposal, the assessment
shall include verification that the area has adequate sewer, water,
transportation, waste disposal and fire protection facilities to,
first, serve the remaining vacant land in the district as though it
were developed to its fullest potential under the district regulations
in effect at the time of the amenity/incentive proposal; and then,
serve the on-site amenity and incentive.
Following the hearing and in addition to compliance with all
SEQR requirements, the common council shall, before taking action,
refer the proposal for review and comment to other governmental agencies
as may be required, and may refer the proposal to other agencies for
review and comment. In order to approve an amenity incentive proposal,
the common council shall determine that the proposed amenity provides
sufficient public benefit to provide the requested incentive. Thereafter,
the planning board is authorized to act on an application for preliminary
plan approval.
Following preliminary plan approval and subject to meeting all
conditions imposed on the preliminary plan, including the provision
by the applicant of a performance bond to guarantee completion of
the amenities and all documentation required by the city attorney
and common council, the applicant may submit a final plan for review
and approval.
If the common council finds that a community benefit is not
suitable on site or cannot be reasonably provided, the common council
may require a cash payment in lieu of the provision of the amenity.
These funds shall be placed in a trust fund to be used by the city
upon approval by the common council exclusively for amenities specified
in these provisions. Cash payments shall be made prior to the issuance
of a building permit.
